General Conditions of Sale

Preamble
These General Terms and Conditions of Sale (hereinafter the “GTC”) apply in addition to the General Terms and Conditions of Use for Buyers and, for Sellers, the General Terms and Conditions of Use for Sellers, which define the capitalized terms used in these GTC. Professional Sellers and private Sellers are authorized to sell on Mourier Gallery.
Professional Sellers must provide information proving their professional status and undertake to comply with the applicable legislation governing the exercise of a commercial activity (in particular registration, accounting, social security, and tax obligations). The supporting documents that will be requested from private sellers in the event of a sale are: (i) a photocopy of a valid national identity card (front and back) or a valid passport (ii) a bank account identification document.
The GTC apply to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relationship between Sellers and Buyers of Products, excluding those between Buyers and MOURIER  Gallery or between Sellers and MOURIER Gallery. The relationship between Buyers and  MOURIER Gallery  is governed by the Buyer Terms of Use.
Relations between Sellers and MOURIER  Gallery are governed by the Seller Terms of Use.
 MOURIER  Gallery is not the seller of Products purchased through the Service; only the Seller, whose name is indicated on the description page for each Product, is the Buyer's co-contracting party for the purchase of said Products. The Products cannot therefore be returned or exchanged by MOURIER Gallery.
1- Conclusion of the sales contract between the Buyer and the Seller
1) The Works are presented on the Site with a description enabling the Buyer to ascertain their essential characteristics and price.
2) The Buyer selects the Work(s) they wish to purchase.
3) They confirm their choice of Product(s), read and accept these T&Cs by clicking on the confirmation button. They choose their payment method from credit card, PayPal, or bank transfer to the MOURIER  Gallery account. If they choose to pay by credit card or PayPal, they proceed immediately to payment. If they choose to pay by bank transfer, they must do so as quickly as possible so that the payment is received within four business days in MOURIER Gallery's bank account. 
4) The Buyer receives an email confirming that their order or offer has been accepted. However, the sales contract concluded between the Buyer and the Seller is subject to the condition precedent that the Product is available or that their offer is accepted and that the transfer has been received if the Buyer has chosen this method of payment.
5) The Seller is informed by MOURIER Gallery  that one or more of the Works they have posted online has been ordered.
6) The Seller undertakes to confirm and/or deny the availability or price offer of the Product(s) ordered by the Buyer within 5 days of receiving the information referred to in point 5). In the event that the same Product is ordered by several Buyers at the same time, and depending on the availability of that Product (unique work), it will only be sold to the first Buyer who registers their order. The order will then be denied for the other Buyers.
7) Once the availability of the Product(s) has been confirmed or denied and/or the price offer has been accepted or refused by the Seller, MOURIER Gallery will send an email to the Buyer to inform them of the availability and acceptance or refusal of the price offer for the
Product(s) ordered.

8) In the event of confirmation of the availability of the Product(s) and/or acceptance of the price offer by the Seller, the condition precedent attached to the sales contract concluded between the Buyer and the Seller is lifted; the Seller thereby makes a firm commitment to deliver the Products or make them available at the point of sale within the specified time frame.
In the absence of confirmation of the availability of the Product(s) within the period referred to in point 6), or if MOURIER  Gallery does not receive the transfer within 5 working days from the date of validation of the order, the contract concluded between the Buyer and the Seller is automatically terminated and each party is released from its obligations. In particular, the Buyer is assured that their bank account will not be debited.
However, only the contract relating to the sale of the unavailable Product(s) is covered by this termination.
9) In the event of confirmation of the availability of all or part of the Products ordered by the Buyer and confirmation of receipt of the transfer by MOURIER Gallery if the Buyer has chosen this method of payment, the said Products shall be shipped by the Seller or collected by the Buyer in accordance with the terms set out in Article 4.
2- Price and payment
The purchase price of the Product is set by the Seller. It is stated inclusive of VAT in euros, dollars, pounds or Swiss francs on the product description sheet, but excludes delivery costs, which are specified when the shopping basket is confirmed. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are entirely their responsibility, both in terms of declarations and payments to the relevant authorities and/or bodies. It is their responsibility to check with the relevant authorities. At the time of payment, the Buyer may use a promotional code offered by Mourier Gallery or pay for their order using a gift card. Payment for purchases made through the Service may be made by credit card to MOURIER  Gallery, which collects the corresponding amount on behalf of the Seller.
The Buyer will be charged the price of the Product purchased plus delivery costs only once the Seller has confirmed the availability of the Product. If the Product is unavailable, the Buyer will not be charged and their payment will be cancelled. If availability is confirmed by the Seller, the Buyer will be charged with a 5-day delay from the moment they confirm their order.
Payment for purchases made through the Service may also be made by bank transfer to the MOURIER  Gallery account. The transfer must be made within 5 working days from the date of the order.
2.1 Import taxes and customs duties
The sale price indicated on the MOURIER  Gallery website does not include any customs duties that may be imposed by the customs authorities of certain countries. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are entirely their responsibility, both in terms of declarations and payments to the relevant authorities and/or bodies.
The seller undertakes to deliver the product ordered as soon as possible, subject to payment of customs duties by the buyer. In the event of non-payment of customs duties by the buyer, the seller cannot be held responsible for non-delivery of the product or any delay in delivery.
The seller cannot be held responsible for the consequences of the buyer's failure to pay customs duties.
These costs are the responsibility of the buyer and cannot under any circumstances be considered as grounds for complaint or return of the product.
3- Payment security
 MOURIER Gallery  has chosen high-performance and rigorous tools in terms of payment security. MOURIER Gallery  has adopted PayPal, the leader in online payment, which uses SSL (Secure Socket Layer) encryption and 3D Secure, currently the most effective security systems, which establish an encrypted connection directly between the Buyer and the bank.

MOURIER Gallery does not have access to any confidential information relating to the payment method used by the Customer when making a payment. For this reason, the Customer will be asked to provide their bank details each time they place a new order. Only PayPal has access to confidential information, which remains inaccessible to third parties.
Although MOURIER Gallery uses encrypted security software, the security of information and payments transmitted via the Internet or email cannot be guaranteed. MOURIER  Gallery cannot be held liable for any damage resulting from the use of electronic means of communication, including (but not limited to) damage resulting from the failure or delay in the transmission of electronic communications, the interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
4- Shipping or collection method and costs from the Seller
4.1 Shipping by the Seller to the Buyer's home
The Buyer has the option of having the Work delivered to their home by notifying the Seller when placing their order. The Work is delivered to the address provided by the Buyer when placing their order. In this case, provided that the Seller has confirmed the availability of the Work and that MOURIER  Gallery has notified the Seller of receipt of payment, the Seller shall be responsible for packaging the Work and making it available to a carrier.
The Buyer shall accept the shipping costs when confirming their shopping basket.
Depending on the Buyer's delivery address, different tax rules and other charges may apply. If the Buyer has products shipped from a Partner Seller outside their territory, they may be required to pay import duties upon receipt of their products. Neither we nor our Partner Sellers can control these charges and we cannot predict their amount. The Buyer will be responsible for paying these taxes and customs duties, which are not included.
The Buyer may contact their local customs office for more information before placing their order.
The Seller undertakes to make the ordered Work available to the carrier within the time frame indicated on the Work's listing, starting from the date of confirmation of availability of the ordered Product; the Seller thereby making a firm commitment to make the Products available to a carrier within the specified time frame. The Products are delivered to the address indicated by the Buyer when placing their order and should be delivered no later than 7 working days after confirmation of the Product's availability to the carrier by the Seller, the time frame may vary depending on the carrier chosen. It is the Buyer's sole responsibility to ensure that the information they provide to MOURIER  Gallery for this purpose is and remains correct and that it will enable them to receive the Products they purchase on the Website.
The Seller undertakes to provide MOURIER  Gallery, which will then forward it to the Buyer, with the name of the carrier responsible for transporting the Product to the Buyer and the parcel number, so that the Buyer can track the status of their order on the carrier's website, provided that the latter offers a parcel tracking service.
In this context, the Products are transported at the Seller's risk.
4.2 Collection from the Seller by the Buyer
The Buyer may also collect the Work or Works ordered on the Website directly from the Seller's point of sale.
The Buyer shall indicate for each Work the delivery method (shipping or collection from the Seller) that they choose during the order confirmation process on the Website. In the case of collection from the Seller, the Buyer shall not be required to pay delivery costs.
Once the order has been placed, subject to the actual availability of the Work and receipt of the transfer by
MOURIER Gallery if the Buyer has chosen this payment method, the Seller shall make the ordered Work available to the Buyer within the time frame specified in the sales advertisement and indicated on the Work's listing.
The Seller will specify on their space as soon as the Work is available to the Buyer at the point of sale. The Buyer will then receive an email from MOURIER Gallery to notify them. The Buyer has 15 days from receipt of the above-mentioned email to collect the work from the address indicated by the Seller.
The Seller, provided that MOURIER Gallery has confirmed receipt of full payment, will hand over the work, along with the invoice and certificate of authenticity, to the Buyer after verifying the latter's identity.

5- Right of withdrawal
The Buyer has a period of 14 days from receipt of the Product(s) ordered to exercise their right of withdrawal with the Seller, without having to justify their reasons or pay a penalty.
The Buyer exercises their right of withdrawal directly with MOURIER Gallery  by sending an email to contact@artmourier.com. MOURIER Gallery  will then notify the Seller by email. MOURIER Gallery will manage the return of the work and bear the return costs (excluding customs duties payable on delivery). If the Buyer returns the work themselves without waiting for instructions from MOURIER Gallery , they will not be entitled to a refund of the delivery costs and will bear full responsibility for the shipment and the condition of the work on arrival.
Refunds from MOURIER  Gallery to the Buyer will be made once the Seller has notified MOURIER  Gallery of the proper receipt of the work.
The work must be returned by the Buyer in perfect condition and in its original packaging (or equivalent).
6- Disputes – Claims
In general, the Seller undertakes to provide a quality service to Buyers. As such, any Buyer may send an email to MOURIER Gallery  at contact@artmourier.com within 21 days of receipt of any Work to report any complaint concerning the Works ordered, in accordance with the following criteria:
– Product not received: the Product has not been received by the Buyer. – Non-compliant Product: the Product received does not correspond to the Product ordered. – Damaged product: the Product received is damaged or broken.
In the event of a complaint from a Buyer concerning a Work, once the Seller has been informed of the complaint by email from MOURIER Gallery , the Seller shall take personal responsibility for resolving the dispute with the Buyer. Disputes shall be settled directly between the Buyer and the Seller. The Seller shall make every effort to resolve the dispute with the Buyer amicably.
Depending on the case, the dispute will result either in the return of the Work ordered and a refund to the Buyer by MOURIER Gallery, or in a partial or total refund to the Buyer only.
If the Work is returned by the Buyer, the Seller shall be responsible for organising the return of the Work and shall bear all costs.
In this case, the price of the Product(s) purchased and the shipping costs paid by the Buyer when placing their order will be refunded by MOURIER Gallery once the Seller has notified MOURIER Gallery of the proper receipt of the work.
7- Personal data
In addition to Article 6 of the Buyer Terms and Conditions and Article 8 of the Seller Terms and Conditions, the Buyer and the Seller are informed that all data collected in connection with the Service when placing orders is processed by MOURIER Gallery  for the purpose of processing said orders.
Buyers' information and data relating to delivery are transmitted by MOURIER Gallery to Sellers for the sole purpose of enabling them to ship the Works ordered. They may not be used for any other purpose under any circumstances. Each Seller only has access to the personal data provided by the Buyers of their Products to MOURIER Gallery when placing their order.
Sellers undertake to ensure the security of the personal data they store for the purposes of fulfilling and tracking orders. In the event of any difficulties concerning the processing of this data, the Buyer and the Seller may contact MOURIER  Gallery directly, under the conditions set out, as applicable, in the Buyer T&Cs or the Seller T&Cs.

8- Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
9- Applicable law
These general terms and conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the French courts.
General Terms and Conditions of Use for Buyers
Preamble
MOURIER Gallery, whose registered office is located at 584 Chemin des Baronnies – 84150 Violès, registered in the Avignon Trade and Companies Register under number 523 597 458
(hereinafter ‘MOURIER Gallery’), has set up a marketplace on www.galeriemourier.fr (hereinafter the ‘Site’) enabling buyers (hereinafter “Buyers” or ‘You’), after registering, to connect with professional and private sellers, also registered on the Site (hereinafter referred to as ‘Sellers’ or ‘Galleries’), for the purpose of purchasing works of art (hereinafter referred to as ‘Products’ or “Works”) offered at a fixed price (hereinafter referred to as the ‘Service’).
To use the Service, the Buyer must agree to be bound by these General Terms and Conditions of Use for Buyers (hereinafter the ‘GTCU for Buyers’) without restriction or reservation. This acceptance is confirmed by clicking on the validation button when registering for the Service.
Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale of the Service (hereinafter the ‘GTCS’), which must also be accepted by the Buyer at the time of each purchase and which supplement these Buyer Terms and Conditions.
MOURIER Gallery reserves the right to modify these Terms of Use. Any modification will take effect immediately for online Products as soon as they are posted on the Site.
1- Purpose
The purpose of these Buyer Terms of Use is to define the conditions under which MOURIER Gallery makes available to Buyers, as part of the Service, the technological tools used to purchase Products from Sellers.
2- Description of the Service
The Service consists of a set of tools enabling Buyers to register on the Website, to contact Sellers with a view to placing orders for Products, to pay for the Products and to confirm receipt of the Products. Transactions carried out via the Service for the purpose of purchasing Products are concluded directly between the Buyer and the Seller. MOURIER Gallery is in no way a reseller of the Products offered by Sellers through the Service. Therefore, Products purchased via the Service cannot be returned or exchanged by MOURIER  Gallery .
However, in a constant effort to improve the quality of its services and to better select its partners,
MOURIER Gallery invites you to share any comments and suggestions you may have regarding the quality of transactions carried out through the Service.
To this end, MOURIER Gallery provides a contact form.
In the event of non-compliance with these Buyer Terms and Conditions of Use, MOURIER Gallery reserves the right to temporarily or permanently suspend access to the Service for the Buyer concerned.
Each Buyer undertakes to make purchases in good faith.
3- Access to the Service
In addition to accepting these Buyer Terms and Conditions, access to the Service is subject to the opening of an account on the Site. To do so, you must provide data enabling your identification. When opening this account, you undertake to provide only accurate information and to inform MOURIER Gallery without delay of any changes affecting it, using the contact form.
To use the Service, you must use the username and password created when you opened your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for access to the Service using your username and password, unless there is evidence of fraudulent use that is not attributable to you.
In the event of loss, misappropriation or fraudulent use of your username and/or password, you agree to notify MOURIER Gallery immediately using the contact form.
4- Price of the Service
Opening an account and using the Service are free of charge (excluding any connection costs, the price of which depends on your electronic communications operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to a charge, under the conditions set out in the GTC.
5- Personal data

Your information and data are processed by MOURIER  Gallery. Unless otherwise stated, they are essential for managing your account and your access to the Service. The information necessary for delivery will be transferred to the Seller for this purpose only. This information and data is also stored for security purposes, in order to comply with the legal and regulatory obligations incumbent on MOURIER Gallery , where applicable, and to enable us to improve and personalise the services we offer you and the information we send you.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to object to, access, rectify and delete your personal data, under the conditions provided for by law. To exercise these rights, simply write to us online using the contact form or by post to MOURIER Gallery, 584 chemin des Baronnies, 84150 Violès, France, indicating your surname, first name, email address and postal address. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which MOURIER  Gallery should send its response. A response will then be sent to you within a maximum of two months of receipt of the request.
You may receive offers from our company and our partners, depending on the choices you made when creating or viewing your account. If you no longer wish to receive these offers, you can request this at any time by specifying this in the ‘My Account’ section.
The Site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of cookies is to signal your visit to the Site. Cookies are therefore only used by MOURIER Gallery for the purpose of improving the personalised service provided to you.
6- Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property rights, for the entire duration of the protection of these rights and worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any reproduction, representation, modification or adaptation, in whole or in part, of the Website and/or all or part of the elements found on the Website or incorporated therein is strictly prohibited.
Buyers undertake to make every effort to report to MOURIER Gallery any violation of intellectual property rights that they may observe.
7- Liability and guarantees
Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, or of translations of the
Site into languages other than French, in particular those relating to technical performance; response times for consulting, querying or transferring information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach on its part, MOURIER  Gallery cannot be held liable for any damage that may be suffered by a Buyer, including, but not limited to:
– operating losses or loss of information resulting from any malfunctions, breakdowns, delays or interruptions in access to the Internet
– 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 reception equipment or communication lines
– loss of any email and, more generally, loss of any data
– any damage caused to the computer, PDA or smartphone, etc. of an Internet user who connects to the Site
– any technical, hardware or software failure of any kind that has prevented or limited the ability to use the Site or damaged the system of an Internet user who connects to the Site
– any failure or obvious error (in particular technical, hardware, software, price display, translation, etc. of any kind, which has prevented or limited the possibility of using the Site or which has misled an Internet user who connects to the Site
– indirect damage.

It is the responsibility of all Internet users to take all appropriate measures to: (i) protect their own data and/or software stored on the computer equipment they connect to the Site against any damage (ii) be able to assess whether there is an obvious error in the information displayed on the Site (by sending an email via the contact form) so that any necessary checks can be carried out and, where applicable, the incorrect information can be corrected.
MOURIER Gallery can only be held liable to the Buyer for events that are exclusively attributable to it and that cause the Buyer damage directly related to these events. It cannot be held liable for indirect damage. MOURIER Gallery  cannot be held liable for the Buyer's misuse of the Service or for any fault on its part. Nor can it be held liable for events attributable to a third party to the Service.
By using the Site, the Buyer declares that they are fully aware of the characteristics and constraints of the Internet, that they are solely responsible for the information they provide in connection with their account on the Site and their relations with other users of the Service.
Furthermore, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy,
MOURIER  Gallery cannot be held liable for the content made available on the Site by Buyers or Sellers, in particular with regard to the description of Products, unless it fails to make such content promptly inaccessible after being informed of its illegality under the conditions provided for by this law.
Finally, MOURIER Gallery declines all responsibility for sales concluded by Buyers through its
Service with Sellers, to which it remains unrelated. Any complaint relating to comments appearing in the description of the
Products or to the delivery of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.
The Buyer is solely responsible for their use of the Service.
The Buyer undertakes, upon first request, including in the event of a non-final court decision, to indemnify and compensate
MOURIER Gallery  for any damage, loss, loss of profit, complaint, liability and costs, including fees and consulting costs that MOURIER  Gallery may incur if its liability is engaged by a third party as a result of a claim or action related to the Buyer's use of the Service.
Buyers are informed that ART MOURIER may communicate all information relating to them, including personal data, to the competent authorities responsible for combating fraud and offences.
8- Partial invalidity
If one or more provisions of these Buyer Terms and Conditions of Use are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
9- Duration and validity
The Buyer is subject to these Buyer Terms and Conditions from the moment they register on the Website and until their account is deleted, regardless of whether or not they carry out transactions on the Website. MOURIER Gallery  reserves the right to modify these Buyer Terms and Conditions at any time.
The amended Buyer Terms and Conditions of Use will be posted on the Website. The Buyer will be notified of any amendments by email sent by MOURIER  Gallery to the email address provided by the Buyer when registering for the Service.
The applicable Buyer Terms and Conditions of Use are those in force on the day the Buyer uses the Site's services.
10- Applicable law
These Buyer Terms and Conditions of Use are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the French courts.

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