These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) shall apply to the Purchasers. The GTC apply to all sales of Products made between Pasqui Galerie and the Buyer. They are intended to govern the relationship between the gallery and the Purchasers of the Products.
1- Conclusion of the sales contract between the Buyer and Pasqui Galerie
1) The Works are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.
2) The Buyer selects the Work(s) he/she wishes to purchase.
3) He confirms his choice of Product(s), takes note and accepts the present GTC by a validation click. He/she chooses the method of payment between payment by credit card or by bank transfer or by Paypal to the account of Pasqui Galerie. If he/she chooses payment by credit card, he/she will proceed to payment immediately. If he/she chooses payment by bank transfer, he/she shall proceed with this operation as soon as possible so that the payment is actually received within 4 working days on the bank account of Pasqui Galerie.
4) The Purchaser will receive an email confirming that the order or offer has been accepted. However, the sales contract concluded between the Buyer and Pasqui Galerie is subject to the resolutive condition that the Product is available or that his offer is accepted and that the transfer has been received if the Buyer has chosen this method of payment.
5) Pasqui Galerie is informed that one or more of the Works it has placed online has been ordered.
6) Pasqui Galerie undertakes to confirm and/or deny the availability or the price offer of the Product(s) ordered by the Purchaser within 5 days of the information received as referred to in point 5). In the event that the same Product is ordered by several Purchasers at the same time, and depending on the availability of this Product (unique work), it will only be sold to the first Purchaser who registers his 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 has been accepted or rejected by Pasqui Galerie, an email will be sent to the Purchaser informing him/her of the availability and the acceptance or non-acceptance of the price offer of 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 Pasqui Galerie, the resolutive condition attached to the sales contract concluded between the Purchaser and Pasqui Galerie shall be lifted; Pasqui Galerie hereby undertakes to deliver the Products or to make them available at the point of sale within the period in question.
In the absence of confirmation of the availability of the Product(s) within the period referred to in point 6), or of non-receipt of the transfer within 5 working days from the date of validation of the order, the contract concluded between the Purchaser and Pasqui Galerie shall be automatically terminated and each of the parties shall be released from their obligations. In particular, the Purchaser is assured that his bank account will not be debited. However, only the contract for the sale of the unavailable Product(s) is affected by this termination.
9) Upon confirmation of availability of all or part of the Products ordered by the Buyer and confirmation of receipt of the bank transfer if the Buyer has chosen this method of payment, the said Products shall be shipped by Pasqui Galerie or collected by the Buyer in accordance with the terms and conditions set out in Article 4.
2- Price and payment
The purchase price of the Product is set by Pasqui Galerie. It is mentioned in the description of the Product in euros, but excluding delivery costs, which are specified when the shopping cart is validated. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Purchaser and are entirely his or her own, both in terms of declarations and payments to the competent authorities and organizations. It is up to him to get information from the competent authorities. The Purchaser may use a promotional code offered by Pasqui Galerie at the time of payment or pay for the order by gift card.
The Purchaser will be debited with the price of the purchased Product plus delivery costs only when Pasqui Galerie has validated the availability of the Product. In case of unavailability of the Product the Purchaser will not be debited and his payment will be cancelled. In case of validated availability the Purchaser will be debited from the moment he/she has validated his/her order.
The payment of the purchases carried out by transfer, then the transfer will have to be carried out under 5 working days as from the date of the order.
3- Security of payments
Pasqui Galerie has chosen efficient and rigorous tools in terms of securing the means of payment. and has adopted for the means of payment the stripe solution, A strict compliance with regulations, Stripe is certified according to the highest standards in the industry and has obtained regulatory approvals worldwide.
Although Pasqui Galerie uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. Pasqui Galerie shall not be liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4- Method and costs of shipment or collection from Pasqui Galerie
4.1 Shipping to the Purchaser’s home
The Purchaser has the possibility to have the Work delivered at home by notifying it when placing his order. The Work shall be delivered to the address provided by the Purchaser when placing the order. In this case, Pasqui Galerie, subject to having validated the availability of the Work and received the payment, will pack the Work and make it available to a carrier. The shipping costs will be accepted by the Buyer when validating the shopping cart.
Depending on the Buyer’s delivery address, different tax rules and other charges may apply. If the Buyer has products shipped from Pasqui Galerie outside his territory, he may have to pay import duties when receiving his products. Pasqui Galerie cannot control these charges and cannot predict their amount. The Buyer will be responsible for the payment of these taxes and customs duties not included. The Buyer can contact his local customs office for more information before placing his order.
Pasqui Galerie undertakes to make the ordered Work available to the carrier within the period indicated on the Work’s description from the date of confirmation of the availability of the ordered Product; Pasqui Galerie thereby makes a firm commitment to make the Products available to a carrier within the period indicated. The Products are delivered to the address indicated by the Purchaser when placing the order and should be delivered no later than 7 working days after confirmation of the availability of the Product to the carrier by Pasqui Galerie, the time period being able to vary according to the carrier chosen. It is the sole responsibility of the Purchaser to ensure that the information he/she communicates to Pasqui Galerie for this purpose is and remains correct and that it will enable him/her to receive the Products he/she purchases on the Site.
Pasqui Galerie undertakes to transmit to the Purchaser the name of the carrier who has taken charge of the transport of the Product to the Purchaser, as well as the number of the parcel, in order to allow the Purchaser to follow the status of his order on the carrier’s site, provided that the latter offers a parcel tracking service. In this case, the Products travel at the risk of Pasqui Galerie.
4.2 Collection from the Gallery by the Purchaser
The Purchaser may also pick up the Work(s) ordered on the Site directly from Paqui Galerie. The Purchaser shall indicate for each Work the method of delivery (shipping or pick-up at the Gallery) that he/she chooses during the order validation process on the Site. In the case of collection from the Gallery, the Purchaser will not be required to pay the delivery charges.
Once the order is placed and subject to the availability of the Work and the receipt of the transfer if the Purchaser has chosen this method of payment, Pasqui Galerie will make the ordered Work available to the Purchaser within a period of time specified in the sale announcement and indicated on the Work’s file. Pasqui Galerie will specify on its space as soon as the Work is available to the Purchaser in the point of sale. The Buyer will then receive an e-mail to inform him/her. The Purchaser has 15 days from the receipt of the above mentioned e-mail to collect the Work from Pasqui Galerie. Pasqui Galerie will hand over the work, the invoice and the certificate of authenticity to the Buyer after having checked the identity of the latter.
5- Right of withdrawal
The Purchaser has a period of 14 days from receipt of the ordered product(s) to exercise his/her right of withdrawal from Pasqui Galerie, without having to justify his/her reasons or pay any penalty.
The Purchaser shall exercise his right of withdrawal directly to Pasqui Galerie by sending an e-mail to email@example.com. Pasqui Galerie will take care of the return of the work and will bear the costs of the return (excluding customs duties payable on delivery). If the Buyer sends the work back himself, he will not be able to claim the reimbursement of the delivery costs and takes all the responsibility of the sending and the state of the work at the arrival. Refunds to the Buyer will be made upon receipt of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
6- Litigation – Disputes
In general, Pasqui Galerie is committed to providing a quality service to the Purchasers. For this reason, any Purchaser has the possibility of pointing out by sending an e-mail to the address firstname.lastname@example.org, within 21 days as from the reception of any Work, any complaint concerning the ordered Works, according to the following criteria:
Product not received: the Product has not been received by the Purchaser.
Product not in conformity: the Product received does not correspond to the Product ordered.
Damaged product: the product received is damaged or broken
In case of a complaint by a Buyer concerning a Work, once Pasqui Galerie is informed of the said complaint by sending an email, Pasqui Galerie will take care of the resolution of the dispute with the Buyer. Disputes shall be settled directly between the Buyer and Pasqui Galerie, which shall make its best efforts to resolve the dispute between it and the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Work ordered and the reimbursement of the Purchaser or in the partial or total reimbursement of the Purchaser only. In case of return of the Work by the Purchaser, Pasqui Galerie shall be responsible for organizing the return of the Work and for bearing all the costs. In this case, the price of the purchased Product(s) and the shipping costs paid by the Purchaser when placing the order will be refunded by Pasqui Galerie after the work has been received.
7- Personal data
The information and data of the Purchasers related to the delivery are transmitted to Pasqui Galerie for the sole purpose of enabling them to send the ordered Works. They cannot be used for any other purpose. Pasqui Galerie undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and monitoring orders.
In the event of any difficulty concerning the processing of such data, the Purchaser may contact Pasqui Galerie, in accordance with the conditions laid down, as the case may be, in the GCU.
8- Partial invalidity
If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will keep all their force and all their range.
9- Applicable law
The present general conditions are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.