GENERAL TERMS AND CONDITIONS OF USE AND SALE
These General Terms and Conditions govern the services offered by our Gallery's Website and they apply to all product sales between the Seller and a Buyer that are made via this online service.
The Conclusion of a Sales Contract between the Seller and a Buyer
All Artworks on the Site are presented with the artist's agreement. To help the Buyer, each Artwork is accompanied by a description (characteristics and price).
A Buyer can thus select the Artwork they wish to purchase. Once selected, a Buyer must confirm their choice. The Buyer acknowledges and accepts these Terms and Conditions by clicking a confirmation button. The Buyer then chooses one of the payment options offered by this Site. If they choose to make their payment by bank card, payment will be immediately. If they choose payment by bank transfer, the transfer must be made as soon as possible so that payment is actually received into the Gallery's bank account within four working days. If a price is quoted, payment must be made by credit card.
Once an Order has been placed, the Buyer will receive an e-mail confirming the Offer or the Order. A Sales Contract only becomes valid once the availability of the Artwork has been confirmed or the Offer has been accepted and the bank transfer has been received, should the Buyer choose this method of payment.
The Gallery informs the selling Artist, that one or more of their Artworks placed online has or have received an Order. The selling Artist has undertaken to confirm the availability or the price of the Artworks ordered by the Buyer within five days of receiving this information. If an Artwork receives several Orders by several buyers, depending on availability, the Sale will be concluded with the first Buyer to have registered their Order. The other potential Purchasers will be informed. Once the availability of an Artwork has been established and/or the Price Offer has been agreed to by the Artist, the Site will send an e-mail to the Buyer informing them of the Artwork’s availability and whether or not the Price Offer has been accepted.
Once an Offer has been accepted and the Artwork becomes available, the above condition subsequent attached to the Sales Contract concluded between the Buyer and the Artist shall be lifted. The Artist then undertakes to deliver the Artwork or make it available at a specified address within a certain period, as agreed between the parties.
In the absence of any confirmation or if the Gallery doesn't receive the transfer within five working days from the Order validation date, the contract between the Purchaser and the Artist shall be automatically terminated and each party shall be released from their obligations. In particular, the Purchaser will be reimbursed the price of the Artwork.
Return and Refund Policy
RETURNS: The Buyer has 14 calendar days to return an Artwork, starting from the date it was received.
To be eligible for a return, the Artwork received must be unused and in the same condition as when received. The Artwork must be in its original packaging and be accompanied by a receipt or proof of purchase. Once the Gallery receives returned Artwork, we will inform the Buyer that the returned Artwork has been received and inspect it. After inspecting the Artwork, we will immediately inform the Buyer of the refund situation. If a return is approved, we will refund the cost of the Artwork and shipping charges to the Buyer’s credit card (or to the original method of payment). Refunds will be received within a number of days, depending on the card issuer's policies.
Deliveries
All purchases are processed within 1 to 3 weeks. Please allow extra days for delivery transit. In the event of a significant delay in shipment, the Buyer will be contacted by e-mail or telephone.
Delivery Charges
Purchase delivery costs will be calculated and displayed on the Site checkout. Once an Order has been dispatched, the Buyer will receive a dispatch confirmation e-mail containing the tracking number(s).
Customs, Duties and Taxes
Paul Stewart Gallery is not responsible for customs duties or taxes that may be applied to an Order. All charges imposed during or after shipping are the responsibility of the Buyer (tariffs, taxes, etc.). The prices shown on the site do not include customs duties.
Damage
Paul Stewart Gallery is not responsible for Artwork damage or loss in transit. If any Artwork should be received in a damaged condition, the Buyer should immediately contact the carrier to file a claim. (For making a claim, please retain all photos, packaging, materials and information.)
Secure Payment Method
Artwork can be purchased by:
- Credit card
- Pay Pal
- Direct bank transfer
Under no circumstances does the Gallery have access to a Buyer’s confidential information relating to the means of payment used at the time of payment. This is why Buyers’ bank details need to be requested each time a new Order is placed.
Although the Gallery uses encrypted security software, the security of information and payments transmitted via the internet or e-mail cannot be guaranteed. The Gallery shall not be liable for any damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses.
Personal Data
Collected information and personal data is processed by the Gallery. Unless otherwise stated, this is essential for accessing the Site and managing user accounts. Only the information required for delivery shall be transferred to the Seller. This information is also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent on the Gallery, and to improve the services offered.
In accordance with the French Data Protection Act of 6 January 1978, users have the right to access, object to, rectify and delete any personal data concerning them, under the conditions laid down by law. To exercise these rights, the Buyer can simply write to the Gallery using the online contact form, indicating surname, first name, e-mail and postal address. The request must be signed and accompanied by a photocopy of a signed identity document and it must specify the address to which the Gallery should send a reply. Following receipt of such a request, a reply shall be sent within a maximum of 2 months.
The User may receive offers from the Gallery and its partners, according to the choices made by the User when creating or consulting their account. It is possible to modify these choices at any time, in the "My account" section.
The site is designed to be particularly attentive to our Customers’ needs. This is one of the reasons why we use cookies, which, for example indicate that a Customer has visited the Site. Cookies are used by the Gallery to improve personalised services offered to Customers.
Intellectual Property
All texts, comments, works of art, illustrations, artworks and images reproduced or represented on this Site are protected by copyright and intellectual property law, for the entire duration of the copyright protection and throughout the world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is permitted, subject to any different or more restrictive provisions of the Intellectual Property Code.
The reproduction, representation, modification, total or partial adaptation of the Site and/or of all or some of the elements found on this Site or incorporated into it is prohibited.
The User undertakes to inform the Gallery as far as possible of any infringement of intellectual property rights that they may observe.
Liability and Guarantees
Use of the Site implies the knowledge and acceptance of the characteristics and limits of the internet and in particular those concerning technical performance; consulting response times, querying or transferring information and the risks inherent in any connection and transmission on the internet. Automatic translations of the Site into languages other than French and English may be imperfect.
Accordingly, in the absence of any Gallery failure to fulfil an obligation, the Gallery may not be held liable for any damage whatsoever suffered by the User, including but not limited to:
- operation or information losses resulting from any malfunctions, breakdowns, delays or interruptions in access to the internet network;
- the transmission and/or reception of any data and/or information on the internet - the consequences of any virus, computer bug, anomaly or technical failure - the failure of any receiving equipment or communication lines - the loss of any electronic mail and, more generally, the loss of any data;
- any damage caused to an internet user’s computer, PDA or smartphone etc. while connected to the Site;
- any technical, hardware or software failure of any kind, which prevents or limits the possibility of using the Site or which damages an internet user's system when connected to the Site;
- any failure or obvious error (particularly technical, hardware, software, price display, translation, etc.) of any nature whatsoever, which prevents or limits the possibility of using the Site or which misleads an internet user when connected to the Site;
- indirect damage.
It is the responsibility of all Users to take all appropriate measures in order to: (i) protect their own data and/or software stored on computer equipment with which they connect to the Site, against any attack (ii) be able to assess whether they are in the presence of an obvious error with regard to the information displayed on the Site (by sending an email via the contact form) so that a verification can be carried out and any erroneous information be corrected if necessary.
The Gallery's liability towards the User may only be incurred for acts that are exclusively attributable to the User and that cause the User prejudice directly linked to these acts. It cannot be held liable for indirect damage. Nor can the Gallery be held liable for misuse of the Site by the User or for any fault that is their own, nor may it be held liable for any facts attributable to a third party to the Website.
By using the Site, the User declares that they are fully aware of the characteristics and constraints of the internet, and that they alone are responsible for the information they provides in the context of their account on the Site and their relations with other users of the Site.
In addition, in accordance with Article 6-I, 2 and 3 of French Law No. 2004-575 of 21 June 2004 concerning having confidence in a digital economy, the Gallery shall not be held liable for any content made available on the Site by Buyers or Sellers, in particular with regard to the description of products, unless the Gallery does not promptly render such content inaccessible after having been informed of its illegality in accordance with the conditions laid down by this law.
The Gallery declines all responsibility for sales concluded between Buyers and Sellers via its Site, to which the Gallery remains unrelated. Any complaint relating to comments appearing beside product descriptions or about product delivery will be forwarded to the designated Seller, who will assume full and sole responsibility in this respect.
Users are solely responsible for their use of the Site.
Should the Gallery’s liability is incurred by a third party as a result of a claim or action relating to the use of the Site by a User, the User undertakes, upon the first request, including in the event of a non-final court decision, to indemnify and compensate the Gallery for any damage, loss, loss of profit, claim, liability and costs, including consultancy fees and costs, that the Gallery may have to bear.
Users are hereby informed that the Gallery may communicate any information relating to them to the legal services responsible for the suppression of fraud and offences, including personal data.
Partial Nullity
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such within the application of a law, regulation or final decision handed down by a court with territorial jurisdiction, the other stipulations will nevertheless retain their full force and scope.
Disputes - Contestation
The Seller has undertaken to provide Buyers with a quality service. In this respect, within 21 days of receiving any Artwork, any Buyer may notify the Gallery (by e-mail or via the contact link of any complaint concerning the Artwork(s) ordered, according to the following criteria:
- Product Not Received: if the Product is not be received by the Buyer. - Product Non-Conformity: if the Product received does not correspond to the Product ordered. - Damaged Product: if the Product received is damaged or broken.
In the event of a Buyer complaining about an Artwork, once the Seller has been informed of the said complaint by message in the contact section, the Seller shall be personally responsible for resolving the dispute with the Buyer. Disputes shall be settled directly between the Buyer and the Seller. The Seller undertakes to do their best to resolve any dispute with a Buyer amicably.
Depending on the circumstances, the declared dispute shall give rise either to the return of the ordered Artwork and to a refund to the Purchaser by the Gallery or to just a partial or total refund to the Purchaser.
In the event of a Buyer returning an Artwork, it shall be the Seller's responsibility to organise the return of the Artwork and to bear all the costs. In this case, the price of the purchased Product(s) and the delivery costs paid by the Buyer when placing the Order shall be reimbursed by the Gallery once the Seller has notified the Gallery that the Artwork has been received.
Duration and Validity
A Buyer is subject to these Terms and Conditions as from the time they register on the Site and until their account has been deleted, whether or not they have carried out a transaction on the Site. The Gallery reserves the right to modify these Terms and Conditions at any time. Any modified General Terms and Conditions shall be posted on the Site. The Buyer will be kept informed of changes by an e-mail sent by the Site to the e-mail address provided by the Buyer when registering on the Site.
The General Terms and Conditions applicable are those in force on the day the Buyer uses the Site.
Applicable law
These General Terms and Conditions are governed by French law. Any dispute relating to their interpretation and/or performance shall be referred to the French court with territorial jurisdiction.