general terms and 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 capitalised terms used in these GTC. Professional Sellers and private Sellers are authorised to sell on ART Mourier.

Professional Sellers must provide information proving their professional activity and undertake to comply with the applicable legislation governing the exercise of a commercial activity (in particular registration, accounting, social 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, to the exclusion of those between Buyers and ART MOURIER or between Sellers and ART MOURIER. The relationship between Buyers and ART MOURIER is governed by the Buyer Terms and Conditions.

Relations between Sellers and ART MOURIER are governed by the Seller Terms and Conditions.

ART MOURIER is not the seller of the Products purchased through the Service; only the Seller, whose name is indicated on the description sheet 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 ART MOURIER.

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 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 GTC by clicking on the validation button. They choose their payment method from credit card, PayPal or bank transfer to the ART MOURIER 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 complete this transaction as quickly as possible so that the payment is effectively received within 4 working days in ART MOURIER’s bank account.

4) The Buyer receives an email confirming that their order or offer has been taken into account. 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 ART MOURIER 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 this Product (unique work), it will only be sold to the first Buyer who registers their order. The order will then be rejected for the other Buyers.

7) Once the availability of the Product(s) has been confirmed or cancelled and/or the price offer has been accepted or refused by the Seller, ART MOURIER 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 ART MOURIER 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 ART MOURIER 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 organisations. It is their responsibility to check with the relevant authorities. At the time of payment, the Buyer may use a promotional code offered by ART Mourier or pay for their order by gift card. Payment for purchases made through the Service may be made by credit card to ART MOURIER, 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 ART MOURIER account. The transfer must be made within 5 working days of the order date.

2.1 Import taxes and customs duties

The sale price indicated on the ART MOURIER 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 liable 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

ART MOURIER has chosen high-performance, rigorous tools to ensure the security of payment methods. ART MOURIER has adopted PayPal, the leading online payment solution, which uses SSL (Secure Socket Layer) and 3D Secure encryption, currently the most effective security systems available, establishing an encrypted connection directly between the Buyer and the bank.

ART MOURIER has no access to confidential information relating to the payment method used by the Customer when making a payment. This is why the Customer’s bank details will be requested for each new order. Only PayPal has access to confidential information, which remains inaccessible to third parties.

Although ART MOURIER uses encrypted security software, the security of information and payments transmitted via the Internet or email cannot be guaranteed. ART MOURIER 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 methods and costs from the Seller

4.1 Shipping by the Seller to the Buyer’s home

The Buyer may have the Work delivered to their home by notifying the Seller when placing their order. The Work will be 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 ART MOURIER 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 shall 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 ART MOURIER 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 ART MOURIER, who 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

ART MOURIER 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 sale advertisement and indicated on the Work’s information sheet.

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 ART MOURIER to notify them. The Buyer has a period of 15 days from receipt of the above-mentioned email to collect the work from the address indicated by the Seller.

The Seller, provided that ART MOURIER 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 ART MOURIER by sending an email to contact@artmourier.com. ART MOURIER will then notify the Seller by email. ART MOURIER will manage the return of the work and bear the return costs (excluding customs fees payable on delivery). If the Buyer returns the work themselves without waiting for instructions from ART MOURIER, 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 ART MOURIER to the Buyer will be made once the Seller has notified ART MOURIER of the safe 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 ART MOURIER 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 said complaint by email from ART MOURIER, 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 shall result either in the return of the Work ordered and a refund to the Buyer by ART MOURIER, or in a partial or total refund to the Buyer only.

In the event that the Buyer returns the Work, the Seller shall be responsible for organising the return of the Work and shall bear all costs associated with this.

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 ART MOURIER once the Seller has notified ART MOURIER 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 ART MOURIER for the purpose of processing said orders.

Buyers’ information and data relating to delivery are transmitted by ART MOURIER 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 ART MOURIER when placing their order.

Sellers undertake to ensure the security of the personal data they hold 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 ART MOURIER directly, under the conditions set out, as applicable, in the Buyer’s Terms and Conditions of Use or the Seller’s Terms and Conditions of Use.

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.