General Terms and Conditions of Sale (GTCS)
General Context
Moshé Nagar, Sole Proprietor (Auto-Entrepreneur), whose registered address is 2680 route de Beynac, 87800 Burgnac, France, and registered under the number [RCS registration number] xxxxxxxxxx. VAT number: Not applicable.
Company contact details: info@shyuartgallery.com | Tel: +33 698 022 148
Users are invited to read these General Terms and Conditions of Sale carefully. They apply to all artworks offered on the website shyuartgallery.com.
Placing an order on the website implies full and unconditional acceptance of the GTCS in force at the time of the order. These conditions may be updated at any time without prior notice; in such cases, the applicable version will be the one published on the site at the date of the order.
Definitions
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“Company” refers to Moshé Nagar Auto Entrepreneur.
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“Site” refers to the website shyuartgallery.com.
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“Artworks” refers to all art offered for sale on the Site, including original works and fine art giclée prints.
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“Client” refers to any consumer who has placed an order via the Site.
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“Order” refers to any order placed by the Client through the Site.
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“Artist” refers to the individual who created the artwork.
Orders
The sales contract is concluded when the Client clicks on the “Confirm” button to finalize the order. Prior to this, the Client may review and modify the contents of their cart, then confirm the order by clicking “Validate”.
To place an order, the Client must provide a valid delivery address and an accepted method of payment. By validating the order, the Client accepts the prices, shipping terms, and delivery times stated.
Once the order is confirmed, a confirmation email is sent summarizing the order and providing essential delivery information.
Artworks and Pricing
The prices of artworks are listed in euros, including all applicable taxes (VAT), but excluding any delivery charges. Shipping fees are detailed separately before the final order confirmation and depend on the dimensions/weight of the product and the delivery address.
Each artwork listed on the Site includes a detailed description specifying its essential characteristics.
Payment Methods
All orders must be paid in full at the time of validation. Available payment methods include:
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Online payment by credit card or PayPal
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Bank cheque (France only). In this case, delivery will occur within 7 days after the cheque is received and cleared.
Right of Withdrawal
In accordance with current legislation, the Client has 14 days from the date of receipt of the artwork(s) to exercise their right of withdrawal, without the need to provide justification or pay any penalty.
Returned artworks must be in their original condition, complete, and properly protected (in packaging equivalent to the original). Returns must be sent directly to the company’s address. The Client is responsible for the return shipping and its condition. Any damage may result in the cancellation of the withdrawal right.
If the withdrawal is valid, the Company will refund all payments within 10 days of receiving the returned item, using the same payment method used for the purchase.
Delivery
Deliveries are handled by the Company. Each artwork is carefully packaged according to strict standards and entrusted to a specialized carrier for insured and secure delivery.
If, despite all precautions, an artwork arrives damaged or broken, the Company will cover the return costs and manage the compensation process. If the work cannot be repaired or restored, a full refund will be issued.
The Company commits to doing everything possible to deliver artworks within 14 working days. This timeframe may vary depending on the Client’s location.
The Company cannot be held responsible for delays in the following cases:
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High-demand periods (e.g. holiday seasons)
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Force majeure (unforeseeable, irresistible, and beyond the Company’s control)
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Delays caused exclusively by the carrier.
Intellectual Property and Artist Rights
The Artist retains full ownership of the artwork until payment has been received in full. In the event of non-payment, the Artist reserves the right to reclaim the artwork.
The physical artwork and private display rights are transferred to the Client upon sale. However, the Artist retains moral rights as well as all reproduction rights, unless otherwise agreed in writing.
All content on the Site (texts, images, visuals, logos, and artworks) is protected by intellectual property law, including copyright and trademark regulations. Any reproduction, distribution, or adaptation, in whole or in part, is strictly prohibited without prior written permission from the Company.
Modifications
The Company reserves the right to modify the content of the Site, these GTCS, shipping terms, or any service aspect offered through the Site at any time.
Any order placed is subject to the version of the GTCS in force at the time of the transaction.
Personal Data
Client information and personal data collected via the Site are used solely for order processing, after-sales support, and the distribution of newsletters. These data may be shared with service providers (logistics, payment, shipping) solely for the execution and processing of orders.
Under no circumstances will this data be used for other purposes or shared with third parties without the Client’s prior consent.
In accordance with French Data Protection Law (Loi Informatique et Libertés of January 6, 1978, as amended) and the General Data Protection Regulation (GDPR), the Client has the right to access, rectify, limit, port, or oppose the use of their data.
These rights may be exercised by contacting: info@shyuartgallery.com
Liability
The Company cannot be held liable for any temporary or permanent unavailability of the Site. While all reasonable efforts are made to ensure continuous access, interruptions may occur for technical or maintenance reasons.
The Company also reserves the right to intentionally suspend access to the Site to perform updates, improvements, or essential maintenance.
Furthermore, the Company cannot be held liable for any delivery delays resulting from events beyond its control, including those deemed unforeseeable or irresistible, or that are solely attributable to the carrier.
Jurisdiction Clause
These General Terms and Conditions of Sale are governed by French law. Any dispute arising between the Company and a Client in connection with the execution of these terms shall first be subject to an attempt at amicable resolution. Failing this, jurisdiction shall be assigned to the Commercial Court of Limoges (Tribunal de Commerce de Limoges).