General conditions of sale
Preamble
These General Terms and Conditions of Sale (hereinafter the "GTC") apply in addition to the Buyer Terms and Conditions for Buyers and, in respect of Sellers, the Seller Terms and Conditions, which define the capitalized terms used in these GTC. Both professional and private Sellers are authorized to sell on Mourier Gallery.
Professional Sellers must provide information justifying their professional activity and undertake to comply with the applicable legislation regarding 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 both sides of a valid national identity card or a valid passport (ii) a bank account statement.
The GTC apply to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relationships between Sellers and Buyers of Products, excluding those established between Buyers and Mourier Galleryor between Sellers and Mourier Gallery . The relationships between Buyers and Mourier Gallery are governed by the Buyer Terms and Conditions.
The relationships between Sellers and Mourier Gallery are governed by the Seller Terms and Conditions.
Mourier Gallery is not the seller of the Products purchased through the Service; only the Seller, whose name is indicated on the description sheet of each Product, is the Buyer's co-contractor for the purchase of said Products. Therefore, the Products may not 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 Website with a description enabling the Buyer to understand their essential characteristics and price.
2) The Buyer selects the Work(s) they wish to purchase.
3) They confirm their choice of Product(s), acknowledge and accept these Terms and Conditions by clicking to confirm. They choose their payment method: by credit card, PayPal, or bank transfer to Mourier Gallery 's account. If they choose to pay by credit card or PayPal, they proceed with payment immediately. If they choose to pay by bank transfer, they proceed as quickly as possible so that payment is actually received in Mourier Gallery's bank account within 4 business days.
4) The Buyer receives an email confirming receipt of their order or offer. However, the sales contract entered into between the Buyer and the Seller is subject to the condition precedent that the Product is available or that the offer is accepted and that the transfer has been received if the Buyer has chosen this payment method.
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 multiple Buyers at the same time, and depending on the availability of this Product (a single work), it will only be sold to the first Buyer to place an order. The order will then be cancelled for the other Buyers.
7) Once the availability of the Product(s) has been confirmed or denied and/or the price offer accepted or rejected by the Seller, an email will be sent by Mourier Gallery to the Buyer informing them of the availability and acceptance or rejection of the price offer for the
Product(s) ordered.
8) If the availability of the Product(s) is confirmed and/or the price offer is accepted by the Seller, the condition precedent attached to the sales contract entered into between the Buyer and the Seller is waived; the Seller undertakes to deliver the Products or make them available at the point of sale within the specified timeframe.
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 business days from the order confirmation date, 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 for the sale of the unavailable Product(s) is affected 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 payment method, said Products will be shipped by
9- Duration and Validity
The Buyer is subject to these Buyer Terms and Conditions from the moment they register on the Site until their account is deleted, whether or not they conduct transactions on the Site. Mourier Gallery reserves the right to modify these Buyer Terms and Conditions at any time.
The modified Buyer Terms and Conditions will be posted on the Site. The Buyer will be informed of any changes by sending an email from Mourier Gallery to the email address provided by the Buyer when registering for the Service.
The applicable Buyer Terms and Conditions are those in effect on the day the Buyer uses the Site's services.
10- Applicable Law
These Buyer Terms and Conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to the French courts.