General Conditions of Sale (GCS)
In force as of 15/07/2025
1. General Context
Moshé Nagar EI, Sole Proprietor, whose registered address is 2680 route de Beynac, 87800 Burgnac, France, and registered under RCS number 989 343 132, Siret Number: 98934313200019, offers original artworks and fine art giclée prints for sale on the website shyuartgallery.com. These General Terms and Conditions of Sale (GTCS) apply to all sales made through this site.
2. Acceptance of the Terms
Placing an order on the site implies full and unconditional acceptance of the GCS in effect at the time of the order. These terms may be modified at any time without prior notice.
3. Definitions
- Company: Moshé Nagar EI, Sole Proprietor
- Site: shyuartgallery.com
- Artworks: original works and giclée prints offered for sale
- Client: Buyer of one or more artworks via the site
- Order: Transaction placed by the Client
- Artist: Creator of the artwork
4. Orders
The sales contract is concluded once the Client clicks on "Validate". The Client must provide a valid shipping address and an accepted payment method. A confirmation email is sent once the order is placed.
5. Artworks and Pricing
Each artwork has a detailed product page. Prices are listed in euros, including all taxes (VAT), excluding shipping fees. These fees are shown before the order is confirmed and vary depending on the size/weight of the artwork and the delivery destination. For custom orders, special editions, or bulk purchases, a detailed quote can be provided upon request.
Clause on the unavailability of an ordered product
In the event that an already sold artwork is ordered (e.g., a unique piece purchased by two clients within seconds of each other),
If the ordered artwork is unavailable, the client will be informed as soon as possible and fully refunded. No compensation may be claimed in such cases.
6. Payment
Payment is due at the time of order. Accepted methods:
- Credit card
- PayPal
- Bank cheque (in this case, the artwork will be shipped within 8 days after the cheque has cleared)
7. Transfer of Ownership
In accordance with Article L.441-1 du Code de commerce
Ownership of the artwork is transferred to the client once full payment has been received. However, shipment and delivery occur only after payment validation. The artwork is legally considered the client’s property upon actual receipt at the specified delivery address.
8. Right of Withdrawal – Refund Timing
In accordance with Article L.221-24 of the French Consumer Code, the client has 14 days from receipt of the artwork to withdraw from the purchase. The company then has a period of 14 days to issue a full refund from the date it is informed of the client’s decision to withdraw.
However, the company may defer the refund until the goods have been returned, or until the client provides proof of shipment—whichever occurs first.
If the returned artwork is damaged, the right to a refund may be refused. If the refund was issued solely on the basis of a proof of shipment, the company reserves the right to claim compensation or initiate recovery procedures if the artwork is received in a non-compliant condition.
The client is therefore required to return the artwork in its original condition, properly packaged and protected. If the artwork is returned damaged after the refund has already been issued, the company is entitled to request partial or full reimbursement of the amount initially paid, or to initiate appropriate recovery proceedings.
However, certain products are not subject to the right of withdrawal and therefore cannot be refunded. This is particularly the case for the following products:
• Customized artwork: created specifically for the consumer
The client agrees to validate the final visual or description of any personalized order before production begins. This validation serves as firm and final agreement.
In the event of withdrawal, return shipping costs are borne by the client, except in cases of defect or non-conformity of the artwork.
Withdrawal letter
9. Legal Guarantees
In accordance with current legislation, all artworks sold are covered—at no additional cost to the client—by the following legal guarantees:
Legal Guarantee of Conformity
(Articles L.217-3 to L.217-20 of the French Consumer Code)
The Client has a period of two years from the date of receipt to request the repair or replacement of an artwork with a conformity defect. If these are not possible or disproportionate, a refund may be offered.
For any request regarding the application of guarantees, please contact:
info@shyuartgallery.com – +33 6 98 02 21 48
Warranty Against Hidden Defects
(Articles 1641 to 1649 of the French Civil Code)
If the artwork contains a hidden defect making it unsuitable for use or significantly reducing its usability, the Client may request cancellation of the sale or a price reduction.
For any request regarding the application of guarantees, please contact:
info@shyuartgallery.com – +33 6 98 02 21 48
Name and contact of the guarantor:
Guarantor:
Moshé Nagar – Sole Proprietor
Postal Address: 2680 route de Beynac, 87800 Burgnac, France
Phone: +33 (0)6 98 02 21 48
Email: info@shyuartgallery.com
The Client may contact the guarantor using any of the above methods to request application of the legal guarantees.
Detailed Breakdown of Legal Guarantees:
1. Legal Guarantee of Conformity (French Consumer Code, Articles L.217-3 to L.217-20)
This guarantee applies to any tangible movable good, including works of art, provided that:
• The seller is a professional
• The buyer is a consumer
• The artwork does not match its description (e.g.: size, medium, edition, signature, stated authenticity)
• Or the artwork has a defect that makes it unsuitable for its intended use
Example: An artwork described as a signed edition is delivered without a signature or on a different medium = non-conformity
2. Warranty Against Hidden Defects (French Civil Code, Articles 1641 to 1649)
This warranty applies to any sale, including between private individuals, and also covers artworks if:
• A significant defect existed at the time of sale, but was not visible
• The defect makes the artwork unusable or significantly reduces its value
Example: The varnish on a painting deteriorates within a few days due to an unsuitable medium that was not visible at purchase
Exceptions:
• These guarantees do not cover visible defects, subjective tastes, or normal wear and tear
• They do not apply to sales between professionals unless a specific agreement states otherwise
10. Delivery
The Company ensures delivery via a specialized carrier. In case of damage, return costs are covered. If the artwork is irreparable, a full refund is issued. Estimated delivery time is 14 working days. The Company cannot be held responsible for delivery delays in the following cases:
- High-demand periods
- Force majeure
- Delays caused by the carrier
11. Intellectual Property
The Artist retains ownership of the artworks until full payment is received. The Client acquires the physical artwork and the right to display it privately. Moral rights and reproduction rights remain with the Artist. All site content is protected by intellectual property laws. Reproduction without written permission is prohibited.
12. Modifications
The Company reserves the right to modify the site content and these GTCS at any time. Orders are subject to the GTCS in effect on the date of order validation.
13. Personal Data
Data collected is used solely for order processing and newsletter distribution. It may be shared with service providers involved in order execution. The Client has the right to access, rectify, transfer, or oppose their data by writing to info@shyuartgallery.com.
14. Liability
The Company is not liable for temporary or permanent unavailability of the site. Access may be suspended for updates or maintenance. The Company also disclaims liability for delivery delays caused by external, unforeseeable, or irresistible events.
15. Governing Law and Disputes
These GTCS are governed by French law. In case of dispute, an amicable solution will be sought. Failing that, the dispute will be submitted to the Commercial Court of Limoges.
16. Mediation of Consumer Disputes
In accordance with Article L.612-1 of the French Consumer Code, the client is entitled to have recourse, free of charge, to a consumer mediation service for the amicable resolution of any dispute with the company.
The appointed mediator is:
CNPM – Médiation Consommation
27, avenue de la Libération, 42400 Saint-Chamond, France
📧 Email: contact-admin@cnpm-mediation-consommation.eu
🌐 Website: www.cnpm-mediation-consommation.eu
The client may contact the mediator after first submitting a written complaint directly to info@shyuartgallery and receiving no satisfactory response within 30 days.
17. Late Payment – Fixed Recovery Fee (for professional clients)
In accordance with Articles L441-10 and D441-5 of the French Commercial Code, any sum not paid by the due date will automatically incur a fixed recovery fee of €40, in addition to applicable late interest. If the actual recovery costs exceed this fixed amount, additional compensation may be claimed upon justification.