T&Cs - Y GALERIE
Y GALERIE (hereinafter referred to as the Seller) is a company whose business is the online sale of artworks, which it markets solely through the http://www.y-galerie.com/ website.
These Terms and Conditions are an integral part of any contract of sale of an artwork conducted online via the http://www.y-galerie.com/ website between the Y GALERIE company and any person wishing to purchase an artwork offered on that website.
Any person wishing to acquire an artwork, and manifesting that wish by viewing the "www.y-galerie.com" website, selecting an artwork and adding it to the virtual “cart”, is considered as a Customer under these Terms and Conditions.
The acquisition of an artwork via the website implies full acceptance of these terms and conditions of sale.
The Parties agree that their relationship shall be exclusively governed by these terms and conditions of sale.
These conditions apply only to contracts with consumers, that is, “Any natural person acting for purposes outside the scope of their commercial, industrial, craft or professional activity” (preliminary article of the French Consumer Code).
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on the website. The terms and conditions applicable to the contract of sale are those in effect on the date of confirmation of the order.
1. – Ordering
The artworks offered for sale online are shown on the "www.y-galerie.com/" website and available for sale in the "Shop Contemporary Paintings" section.
The essential information and prices of the artworks for sale are available on the "www.y-galerie.com/" website. The artworks are shown with a photo and detailed description of the artwork (Artist name, title, medium, size and location of the signature). The artwork price, delivery costs and any other details are also shown there.
In order to place the order, the Customer must take the following steps:
1. Enter the website address;
2. Select the artwork(s) to buy and add it (them) to the “cart”;
3. Check the items in the “cart” and where applicable, identify and correct any errors; any delivery costs on top of the advertised price are shown in the “cart”;
4. Confirm the order by proceeding to secure payment through the online payment website PayPal, where payment may be made either through a PayPal account, or by using a credit card, in which case a form must first be completed stating the Customer’s last name, first name, postal address, telephone no., email address and delivery address.
The Customer then receives an electronic confirmation of purchase summarising the details of the purchase. Delivery is made to the postal address specified by the customer when ordering.
Any telecommunications costs inherent in accessing the site are the sole responsibility of the Customer.
The Seller agrees to fulfil the order subject to available stock. If any artworks are unavailable, the Seller undertakes to inform the Customer.
Pursuant to Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse any order that is abnormal, placed in bad faith or for any other legitimate reason, especially in the event of a dispute with the Customer regarding payment for a previous order.
2. – Payment
Payment of the price (including any delivery costs) by the Customer is made through the PayPal website only.
In no event shall the Seller have access to information on the payment method used by the Customer.
Delivery of the artwork ordered is subject to the receipt of funds.
In the event the price not being paid for any reason whatsoever, the sale shall immediately be terminated as of right and the order cancelled.
3. – Delivery
a. The Customer selects a delivery address that may be located in metropolitan France, the overseas departments and territories of France, or abroad. The Customer is solely responsible for any unsuccessful delivery caused by a failure to provide the information required in the Order form.
b. The delivery method and delivery cost are dependent on the delivery address chosen by the Customer.
For all deliveries in Paris and Ile de France (departments 75, 77, 78, 91, 92, 93, 94 and 95), delivery is free of charge to the Customer and provided by the Seller.
For all deliveries in metropolitan France (excluding Corsica), delivery is provided by a carrier (UPS, Federal Express...) at a delivery cost of €40 per artwork.
For all deliveries in Corsica, the overseas departments and territories of France, or abroad, delivery is provided by a carrier (UPS, Federal Express...) at a delivery cost of €50 per artwork.
In all events, the Customer is informed of the delivery cost before the Order is confirmed.
c. Delivery in Paris and Ile de France shall be carried out within a maximum of 10 days following the payment date provided that the contact form is complete.
Delivery in Corsica, the overseas departments and territories of France, or abroad shall be carried out within a maximum period of 15 days from the payment date provided that the contact form is complete. If sent by a carrier (UPS, Federal Express...), the Seller is not responsible for any delivery times attributable to the carrier. When dispatching the package, an identification number shall be sent to the Customer by email.
d. In the event of late Delivery, the Order is not cancelled. In this case, the Seller informs the Customer by email that the delivery will be late.
e. It is the Customer’s responsibility to check the condition of the packaging as well as the artworks upon delivery.
It is the Customer’s duty to express any reservations and complaints deemed necessary, or to refuse the package if the package is visibly damaged upon delivery. These reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including bank holidays, following the artwork delivery date. Moreover, the Customer must send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period annuls any action against the carrier, in accordance with Article L. 133-3 of the Code of Commerce.
4. – Right of withdrawal
The Customer has a right of withdrawal which they may exercise within 14 calendar days following the date of receipt of the Order. If this deadline falls on a Saturday, Sunday or a bank holiday or non-working day, it is extended to the next working day.
The Customer wishing to exercise their right of withdrawal must return the artwork within fourteen days after dispatch following their decision to withdraw, to the following address: Y Galerie, 3 avenue Pierre Grenier, 92100 Boulogne Billancourt.
The artwork must be returned in perfect condition, in its original packaging, and sent under conditions identical to those under which it was dispatched:
For all deliveries in Paris and Ile de France (departments 75, 77, 78, 91, 92, 93, 94 and 95), the Customer may return the artwork themselves to the address shown above. This delivery in person may only take place by prior appointment.
For all deliveries in metropolitan France, Corsica, the overseas departments and territories of France, or abroad, the Customer must arrange for the artwork to be returned a carrier (UPS, Federal Express...) or any equivalent carrier.
The return postage costs shall be borne by the buyer; only the purchase price of the artwork or artworks, along with the original postage costs, shall be refunded.
5. – Warranty
The Seller is subject to the legal guarantee conditions set out in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Extracts from the Consumer Code
The seller must deliver goods in conformity with the contract and is responsible for any lack of conformity upon delivery.
They are also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation, where they are made responsible for these by the contract or where these were carried out under their responsibility.
In order to conform to the contract, the goods must:
1° Be fit for the commonly expected use of such goods and, where applicable:
- match the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;
- display the qualities that a buyer may legitimately expect in view of public statements made by the seller, producer or their representative, in particular in the advertising or labelling;
2° Or display the characteristics defined jointly by the parties, or be fit for any special use sought by the buyer, which has been brought to the knowledge of the seller and accepted by them.
Any action resulting from a lack of conformity lapses two years after delivery of the goods.
Extracts from the Civil Code
The seller is obliged to guarantee against hidden defects in the item sold which render it unfit for its intended use, or hinder this use to the point that the buyer would not have bought it, or would have paid a lower price for it, had they been aware of these defects.
Any action resulting from latent defects must be brought by the purchaser within two years following discovery of the defect.
6. – Data confidentiality
The information required of the Customer is necessary to process the Order. This information may be saved and stored by Y Galerie for future marketing purposes, for the sole use of Y Galerie. It shall not be sold or exchanged with any third parties.
7. – Applicable law
The Contract of Sale created by the Order and these terms and conditions is governed by French law.