Terms of sale

Preamble

These general terms and conditions of sale (hereinafter the "GTC") govern the relations between: RART Galerie, an entity owned by the company Pierre Bleue SARL, with a share capital of 5,000 euros, whose registered office is located at 51 Avenue Anna de Noailles, 74500 Évian-les-Bains, registered in the Trade and Companies Register of Thonon-les-Bains under number 494 183 528, and identified under the intra-community VAT number FR 74494183528, reachable by telephone at +33 (0)4 50 80 25 84 and by email at info@rart-galerie.com (hereinafter "the Seller").

And

Any natural or legal person wishing to make a purchase via the website RART Galerie (www.rart-galerie.com) (hereinafter "the Buyer").

 

I. Object

These general terms and conditions of sale govern transactions relating to original works of art and crafts, art and design objects, offered by RART Galerie (the "seller") on the website www.rart-galerie.com. By placing an order on the website www.rart-galerie.com, the Buyer acknowledges having read the GTC and having expressly accepted them by checking the box provided for this purpose before confirming his order.

 

II. Order

The Buyer may place an order with RART Galerie (the "seller") via the website www.rart-galerie.com. The Buyer must select the works of his choice and place them in his basket. He may select works by different artists in the same order. Once the selection of works has been made and the basket validated, the Buyer must identify himself and provide the information necessary for delivery: The Buyer can identify himself by entering his email and password if he is already registered on the site www.rart-galerie.com, or by registering if it is a first visit and by providing all the information usually required for online registration. The Buyer must provide his identification data, namely his name, telephone number, email, as well as a precise address and any accessibility details for the delivery location (building, digital code, floor, etc.), during the ordering procedure on the site www.rart-galerie.com. This information, as well as the complete details of the order, will be summarized in detail before the Buyer proceeds to the final validation of his order. The Buyer undertakes to provide complete, accurate and up-to-date information, and not to impersonate a third party. Following the validation of his order on the site, the Buyer will receive an email confirmation attesting to the receipt of his order.

 

III. Price

The price of each work is determined by RART Galerie ("the Seller") and displayed in euros, all taxes included (TTC), on the description sheet of the work. The Seller reserves the right to modify its prices at any time. The prices displayed on the site www.rart-galerie.com at the time of the order are the only ones applicable. Delivery costs are not included in the price displayed for each work. They will be included in the total amount of the order when it is validated, depending on the destination and delivery method selected by the Buyer. Sales to companies in the European Union (EU), liable and subject to value added tax (VAT) in another EU member state, will be invoiced excluding tax (HT) and exempt from VAT as soon as they have communicated and indicated on the RART Galerie website, their intra-community identification number. Sales by RART Galerie to a third-party buyer in the EU will be invoiced including tax, the VAT invoiced will be refunded within 14 calendar days following receipt of the single administrative document (SAD) following the declaration to French Customs. The refund will be made to the means of payment used when validating the order. Any customs duties, local taxes or other import fees that may be payable are the sole responsibility of the Buyer. RART Galerie ("the Seller") cannot anticipate or inform the Buyer in advance of the exact amount of these additional costs. It is the Buyer's responsibility to inquire with the competent authorities to ensure compliance and compliance with tax obligations when importing the works.

 

IV. Payment

Full payment of the order amount is required, in euros, before the works are shipped. The Buyer can pay for their order on www.rart-galerie.com by credit card, bank transfer, PayPal or via Klarna. The Buyer certifies that they have the necessary authorizations to use the chosen payment method. In the event of payment by bank transfer, the Buyer must contact info@rart-galerie.com to obtain the necessary instructions. All transactions are secure and payment information is processed in accordance with the strictest security standards to ensure the confidentiality of buyers' personal data. The works are available as long as they are visible for sale on the site and within the limit of available stocks. In the event of cancellation or definitive unavailability of the work, the refund will be made to the means of payment used when validating the order. In the event of a simultaneous order, it is the buyer who will validate his order first, that the work will be sold.

V. Property rights

The Artist and/or RART galerie retains ownership of the works sold until full payment of the price by the Buyer. In the event of non-payment, the Artist reserves the right to repossess the works concerned RART Galerie (the "Seller") retains full and complete ownership of the works sold until their price is fully received.

VI. Delivery

Each artwork is carefully packaged in suitable packaging, chosen according to the type of artwork you have purchased.

a. Shipping by the Seller to the address chosen by the Buyer

The Buyer has the option of choosing home delivery by indicating this choice when ordering. The artwork will be shipped to the address provided by the Buyer when confirming their order, with a maximum period of 14 working days for delivery in mainland France or internationally. The delivery costs are agreed and accepted by the Buyer when finalizing their purchase. To ensure that delivery times are met, the Buyer undertakes to provide accurate and complete information regarding the delivery address, including the street number, building number, staircase number, access codes, as well as names and/or intercom numbers. For deliveries managed by a specialized carrier, RART Galerie ("the Seller") undertakes to transmit to the Buyer the details of the carrier and the parcel number, thus allowing the Buyer to track the status of his order on the carrier's website, subject to availability of this service. During transport, the responsibility for the works lies with RART Galerie ("the Seller"). In the case of deliveries by DHL, FedEx, UPS, ... RART Galerie will communicate to the Buyer the parcel number as well as a link to the transport site for tracking the parcel. Responsibility for transport for these deliveries is assumed by RART Galerie ("the Seller"). Depending on the Buyer's delivery address, different tax rules and fees may apply. Shipping costs to Germany, Austria, Belgium, Denmark, Spain, Finland, France (excluding DROM-COM), the United Kingdom (excluding British Overseas Territories), Ireland, Italy, Luxembourg, the Netherlands, Portugal, Switzerland and Sweden are calculated automatically on the site. Countries and territories not included in this list have the possibility to request a customized shipping quote, with a return by email within 48 hours. For international deliveries, the Buyer may be subject to the payment of import customs duties upon receipt of the works. RART Galerie ("the Seller") has no control over these costs and cannot predict their amount. It is the Buyer's responsibility to inquire about these specific aspects before finalizing their order. Customs formalities and import taxes are to be paid directly by the customer. The shipment of works purchased for Switzerland or the United Kingdom will be carried out within 14 working days upon receipt of the DAU (single administrative document) by the gallery. In addition, the customer undertakes to provide all the information necessary for processing customs formalities accurately and in a timely manner. Any delay in the payment of customs fees or in the provision of the required information may result in a postponement of the shipment.

b. Delay in delivery

In the event of a delay in delivery beyond the maximum period of 14 working days, RART Galerie (“the Seller”) undertakes to inform the Buyer as soon as possible and to provide them with a new estimated delivery date. If the delay exceeds 14 working days after the initially scheduled delivery date, the Buyer may request the cancellation of their order and obtain a full refund. To cancel their order, the Buyer must send a request by registered letter with acknowledgment of receipt, or by email to info@rart-galerie.com. Cancellation of the order and reimbursement will be made within 14 days following receipt of the cancellation request by RART Galerie (“the Seller”). The refund will be made using the same means of payment as that used when ordering, unless otherwise specifically agreed between the two parties. RART Galerie (“the Seller”) cannot be held responsible for delays in delivery due to causes beyond its control, in particular in the event of force majeure, disruptions to transport services, or any other unforeseeable circumstances. In such cases, RART Galerie (“the Seller”) will make every effort to minimise delays and inconvenience for the Buyer.

c. Collection from the Seller by the Buyer

The Buyer has the option of personally collecting the work from RART Galerie (the “Seller”). When ordering, the Buyer can choose the “Collection from the Gallery” option. By opting for collection from RART Galerie (the “Seller”), the Buyer will not have to pay any delivery costs. Once the order has been validated and full payment has been received, RART Galerie (the “Seller”) will inform the Buyer when the work is ready for collection. The Buyer must come to the Gallery, located at 51 avenue Anna de Noailles, 74500 Évian-les-Bains, during opening hours, with a valid ID and the order confirmation.

 

VII. Right of withdrawal

The Buyer has a period of 14 calendar days, from receipt of the work to exercise his right of withdrawal, without having to justify his decision. This period is extended to the next working day if it expires on a Saturday, Sunday or public holiday. The right of withdrawal does not apply to personalized works or works made according to the Buyer's specifications, in accordance with Article L.221-28 of the Consumer Code. To exercise this right, the Buyer must send a clear notification by email to the address info@rart-galerie.com, expressing his intention to withdraw. RART Galerie (“the Seller”) will be responsible for notifying the Artist of the Buyer’s request for withdrawal. RART Galerie is responsible for managing the withdrawal requested by the Buyer. The terms and conditions relating to withdrawal are settled directly between the Buyer and RART Galerie (“the Seller”), who will make their best efforts to allow the Buyer to exercise this right in accordance with the regulations in force. The Buyer must return the work within 14 calendar days following their notification of withdrawal to the following address:

RART Galerie

51 Avenue Anna de Noailles

74500 Evian-les-Bains

France

The return costs are the responsibility of the Buyer. The work must be returned in perfect condition, in its original packaging and shipped in the same conditions as those in which it was sent. Any deterioration will be the responsibility of the Buyer. RART Galerie (the "Seller") will refund the work excluding initial delivery costs, by the same means of payment used when ordering. The refund will be made within 14 rolling days following receipt of the work or proof of its shipment.

 

VIII. Disputes - Complaints

RART Galerie (the "Seller") undertakes to provide quality service to its Buyers. For any complaints regarding the works ordered, the Buyer may contact RART Galerie by email at info@rart-galerie.com within 14 calendar days of receipt of the work. The reasons for complaints taken into consideration are as follows:

• Work not received: the work has not been received by the Buyer.
• Non-compliant work: the work received does not correspond to the work ordered.
• Damaged work: the work is received damaged or broken.

To ensure efficient processing of the claim, the Buyer must provide precise details, including photographs of the damaged work where applicable, as well as any other relevant information to assess the nature of the claim. Depending on the case, the declared dispute will give rise to either the replacement of the work where possible, or the return of the work and a full refund to the Buyer, in accordance with the terms agreed between the parties. The refund will be made promptly and at the latest within 14 calendar days from the notification by RART Galerie (the “Seller”) to the Buyer of the impossibility of restoring or replacing the work, provided that it is returned. In the event that it is necessary to return the work, RART Galerie (the “Seller”) will provide precise instructions to the Buyer regarding the return procedure and shipping terms. The costs of returning a damaged work will be borne by RART Galerie (the “Seller”).

 

IX. Personal data

In accordance with Law No. 78-17 known as "Informatique et Libertés" of January 6, 1978, RART Galerie (the "Seller") collects and processes the personal data of Buyers in compliance with the principles of transparency and security. The personal data collected includes the Buyer's name, first name, address, email, and telephone number. They are used for processing orders, managing commercial relations, and improving RART Galerie's services. The Buyer has the right to access, rectify, erase, limit processing, and portability of their data, and may object to processing for legitimate reasons. To exercise these rights, the Buyer may contact RART Galerie by email at info@rart-galerie.com or by mail to RART Galerie, 51 Avenue Anna de Noailles, 74500 Évian-les-Bains, including their name, first name, email, and address. In accordance with current regulations, the request must be signed and accompanied by a copy of an identity document bearing the Buyer's signature, as well as the address to which RART Galerie must respond. The RART Galerie website uses cookies to improve the Buyer's browsing experience and collect information on their browsing for the purpose of traffic statistics or adaptation of the site, communications from Rart Galerie or its partners (Newsletter, commercial offer, etc.). By browsing the site, the Buyer acknowledges and accepts the collection and processing of their personal data by RART Galerie (the "seller").

 

X. Intellectual property

All elements present on the website (www.rart-galerie.com) such as texts, images, videos, logos, visuals, as well as the general structure of the site, are the exclusive property of RART Galerie. Users undertake to scrupulously respect the intellectual property rights of RART Galerie and refrain from any reproduction, representation, modification or distribution of the contents of the site without the express prior authorization of RART Galerie. Any unauthorized use is likely to constitute a violation of intellectual property rights and may be subject to legal action.

 

XI. Modifications

The general terms and conditions of sale were revised on September 9, 2024. RART Galerie ("the Seller") reserves the right to modify them at any time, with immediate effect. The Buyer will be informed of the new general terms and conditions of sale by any appropriate means, or will have access to the modified conditions when placing an order.

 

XII. Liability and warranty

RART Galerie (the "seller") declines all liability in the event of temporary or permanent unavailability of its site www.rart-galerie.com. Despite all our efforts to ensure continuous service, interruptions may occur at any time. In addition, RART Galerie (the "seller") reserves the right to make the site voluntarily unavailable in order to carry out updates, improvements or maintenance operations.

RART Galerie (the "seller") undertakes to provide the works of art in compliance with the legal and contractual provisions in force. RART Galerie (the "seller") cannot be held liable in the event of a breach of one of its contractual obligations attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party contract, or to a case of force majeure, as defined by article 1218 of the Civil Code. RART Galerie (the "seller") cannot be held liable for damages resulting from improper use of the works acquired by the Buyer, nor for indirect damages such as loss of business, loss of profit, or loss of opportunity. RART Galerie (the "seller") guarantees that the works sold comply with the descriptions and specifications provided on the website and in the associated documents. In the event of non-conformity or manufacturing defect, the Buyer benefits from the legal guarantees of conformity and hidden defects, in accordance with Articles L.217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code. To assert his rights, the Buyer must inform RART Galerie (the "seller") in writing of the non-conformity or defects noted within a maximum period of two years from the delivery of the work (Article L.217-12 of the Consumer Code). The Buyer must return the work in the condition in which he received it with all the elements (packaging, etc.). In the event of proven non-conformity, the Buyer may request the repair or replacement of the work (article L.217-9 of the Consumer Code). If repair or replacement is impossible, the Buyer may request a full refund of the work (article L.217-10 of the Consumer Code). Return costs will be borne by RART Galerie (the "seller") in the event of a proven lack of conformity. The warranty does not cover defects or deterioration resulting from improper use, an accident, unauthorized modifications or any other cause external to the work.

 

XIII. Partial nullity

If one or more stipulations of these general terms and conditions of sale were invalidated pursuant to a law or regulation or court decision, all other stipulations would remain valid and retain their legal force.

 

XIV. Applicable law

These general terms and conditions of sale are governed by French law. In the event of a dispute concerning their interpretation, validity or execution, RART Galerie (the "seller") and the Buyer undertake to seek an amicable solution within 30 calendar days following notification of the dispute. In the absence of an amicable resolution, the French courts will have jurisdiction to settle the dispute.