Terms of Use (ToU)
Effective as of 15/07/2025
These Terms of Use (hereinafter referred to as “ToU”) govern the legal framework for the provision of the website and services by shyuartgallery.com, and define the conditions of access and use by the “User.”
These ToU are accessible on the site under the “Terms of Use” section.
Any registration or use of the site implies full and unreserved acceptance of these ToU by the User.
During registration via the form, each User explicitly accepts these ToU by checking the box next to the text:
“I acknowledge that I have read and understood the Terms of Use and I accept them.”
If the User does not accept the ToU stipulated in this agreement, they must refrain from accessing the services offered by the site.
shyuartgallery.com reserves the right to modify the content of these ToU unilaterally and at any time.
Article 1: Legal Notice
The website shyuartgallery.com is edited and published under the responsibility of:
Moshé Nagar EI,
Registered office: 2680 Route de Beynac, 87800 Burgnac, France
📞 +33 6 98 02 21 48 – ✉️ info@shyuartgallery.com
Registered with the RCS under SIRET number: 98934313200019
Hosting is provided by:
OVH SAS, 2 rue Kellermann – 59100 Roubaix, France
📞 +33 9 72 10 10 07 – 🌐 www.ovh.com
Article 2: Site Access
The site shyuartgallery.com provides Users with free access to the following services:
Sale of artworks.
The site is accessible from anywhere to any User with internet access. All costs incurred by the User to access the service (hardware, software, internet connection, etc.) are at their own expense.
Non-registered Users do not have access to reserved services. To gain access, they must register by completing the form.
By registering for these reserved services, the User agrees to provide truthful and accurate personal information, particularly their civil status and email address.
To access these services, the User must log in using their credentials (username and password) provided after registration.
Any registered User may request to unsubscribe at any time via their personal account settings. This request will be processed within a reasonable timeframe.
Any event constituting a case of force majeure that results in a malfunction of the site or server—along with any interruptions or modifications for maintenance—shall not incur liability for shyuartgallery.com. In such cases, the User agrees not to hold the publisher responsible for any interruption, even without prior notice.
The User may contact the site by email at the address provided in Article 1.
Article 3: Data Collection
The site complies with French Law No. 78-17 of January 6, 1978, as well as EU Regulation 2016/679 (GDPR).
The User has the right to access, rectify, delete, and object to the processing of their personal data.
These rights may be exercised:
- Via their personal account;
- By email at: info@shyuartgallery.com;
- By mail at the publisher’s address provided in Article 1.
Article 4: Privacy Policy
In accordance with French legal obligations regarding the processing of personal data, and in compliance with the GDPR and the French Data Protection Act (Loi Informatique et Libertés):
1. Data Controller Identity
The data controller is:
Moshé Nagar – Sole Proprietor (Auto-Entrepreneur)
📍 2680 Route de Beynac, 87800 Burgnac, France
✉️ info@shyuartgallery.com
📞 +33 6 98 02 21 48
Data Protection Officer (DPO): not applicable
2. Purpose of Processing
The personal data collected is used for the following purposes:
- Order processing
- Delivery of artworks
- Customer relationship management (emails, invoicing, tracking)
- Sending newsletters, only with prior consent
- Site security and fraud prevention
3. Legal Basis for Processing
Data is collected on the following legal bases:
- Consent: for newsletters and marketing cookies
- Performance of a contract: for processing and delivering orders
- Legal obligation: for invoice retention required for tax and accounting purposes
4. Mandatory or Optional Nature of Data Collection
Certain data (name, postal address, email) is mandatory to fulfill an order.
Failure to provide this information will prevent the service from being delivered.
Optional data is clearly indicated in forms.
5. Data Recipients
The personal data collected is shared only with:
- Technical service providers acting on behalf of shyuartgallery.com (hosting, payment processor, delivery carrier)
- Tax authorities, where applicable
No personal data is shared with third parties without explicit consent.
6. Data Retention Period
- Order-related data: 6 years (legal/accounting obligation)
- Newsletter data: until consent is withdrawn
- Cookies: up to 13 months from placement on the user’s device
7. User Rights
In accordance with the GDPR, each user has the following rights:
- Right of access, rectification, and erasure
- Right to restriction and objection to processing
- Right to data portability
- Right to withdraw consent at any time
These rights can be exercised by contacting:
✉️ info@shyuartgallery.com
8. Complaints to the CNIL
If you believe your rights are not being respected, you may lodge a complaint with the CNIL:
📍 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 07
🌐 www.cnil.fr
9. Data Transfers Outside the EU
No personal data is transferred outside of the European Union.
Article 5: Intellectual Property
All trademarks, logos, and content appearing on the site (texts, images, sounds, etc.) are protected under the French Intellectual Property Code, particularly by copyright law.
The User must obtain prior written permission from the site for any reproduction, publication, or copy of the various contents.
They agree to use the contents strictly for private and non-commercial purposes.
Any full or partial reproduction of the site, by any means whatsoever, without express authorization constitutes infringement and may result in legal action under Articles L335-2 and following of the Intellectual Property Code.
In accordance with Article L122-5, any User who reproduces, copies, or publishes protected content must cite the author and the source.
Article 6: Liability
The information published on shyuartgallery.com is considered reliable but may contain inaccuracies or omissions. It is provided for general informational purposes only and does not constitute a binding contract.
Despite regular updates, shyuartgallery.com cannot be held responsible for administrative or legal changes occurring after publication.
The site is also not responsible for how Users interpret or use the content.
The User is responsible for keeping their password confidential. Any disclosure of the password in any form is prohibited.
They assume all risks associated with the use of their login credentials. The site declines any liability in this regard.
The site shyuartgallery.com cannot be held liable for any viruses that may infect the User’s computer or hardware due to the use of, access to, or downloading from this site.
The site's liability cannot be engaged in the event of force majeure or due to the unforeseeable and unavoidable action of a third party.
Article 7: Hyperlinks
The site may contain hyperlinks.
The User is informed that by clicking these links, they leave shyuartgallery.com.
The site has no control over the destination pages and assumes no responsibility for their content.
Article 8: Cookies
The User is informed that, during visits to the site, a cookie may be automatically installed on their browser.
Cookies are small text files temporarily stored on the User's hard drive and are necessary for the proper functioning of shyuartgallery.com.
Cookies do not contain personal information and cannot be used to identify an individual.
Each cookie contains a randomly generated anonymous identifier. Some expire at the end of the session; others may persist.
Cookies are used to improve the site's functionality and User experience.
No non-essential cookies are installed without the User's explicit consent, in accordance with EU Regulation 2016/679 (GDPR) and CNIL Decision no. 2020-091 of September 17, 2020.
By browsing the site, the User acknowledges the use of cookies.
However, the User must give informed consent before such cookies are activated. Without consent, certain pages or functions may be unavailable.
The User may disable cookies via their browser settings.
No analytics or advertising cookies are installed unless explicit consent has been given.
The User has the right to refuse all cookies via the consent banner.
You may change your cookie preferences at any time by clearing your browser's cache.
For any questions about this policy, please contact us at:
info@shyuartgallery.com
Article 9: Applicable Law and Jurisdiction
These Terms of Use are governed by French law.
In the absence of an amicable resolution of any dispute, French courts will have exclusive jurisdiction.
For any questions regarding the application of these Terms, please contact: info@shyuartgallery.com
📄 Terms generated via: legalplace.fr