Terms of Sales
Date of entry into force: 01/03/2023
These conditions of sale are concluded on the one hand by the company in its own name managed by Mireille RONARCH known under the commercial name "under construction gallery" whose head office is located at 9, rue Béranger – 93170 BAGNOLET, registered in the Register du Commerce et des Sociétés de Bobigny under number 442 885 208 00029 hereinafter referred to as "under construction gallery", managing the Sitehttp://www.underconstructiongallery.com(hereinafter referred to as the Site) and, on the other hand, by any natural or legal person wishing to make a purchase via the Website, hereinafter referred to as "the Buyer".
Websitehttp://www.underconstructiongallery.comallows art lovers to discover and acquire works of art (hereinafter: the “Works”) selected by under construction gallery.
The purpose of these general conditions is to define the terms and conditions of the online sales of the Works offered on the Site and to define the rights and obligations of the parties in this context.
The acquisition of Works through this Site implies unreserved acceptance by the Buyer of these conditions of sale, which he acknowledges having read prior to his order. A confirmation click of this acceptance will be requested at the time of validation of his order. The conditions are also accessible and printable at any time by a direct link at the bottom of the Site page.
under construction gallery retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of the Site. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.
2. The Works
The Works are offered for sale and can be delivered worldwide.
The Works are presented on the Site with a description putting the Buyer in a position to know the artist who created them, their essential technical characteristics (single or multiple piece, medium, format, year of creation, etc.) and their price. The reproductions and descriptions of the Works offered for sale online are as accurate as possible. The photographs are as faithful as possible, but do not commit under construction gallery.
under construction gallery reserves the right to modify the selection of Works offered at any time.
The prices appearing on the sheets of the Works offered are prices in Euros (€) excluding taxes (HT); under construction gallery is not currently subject to VAT (VAT not applicable - article 293 B of the CGI).
under construction gallery reserves the right to modify its prices at any time and in particular in the event of a change in fiscal or economic data. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order.
The prices indicated do not include delivery costs, invoiced in addition to the price of the Works purchased according to the format, the weight of the Works and the destination of the order. In mainland France, for any order greater than or equal to 8,000 euros, shipping costs are free. This sum is increased to 10,000 euros for certain countries of the European Community (*) and 15,000 euros for the rest of the world.
Please note: For deliveries to countries outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid on the Site. under construction gallery cannot determine in advance the exact amount of these duties and taxes and therefore cannot precisely inform the Buyer prior to his order of the amount to which he will be subject. The Purchaser is solely responsible for the proper fulfillment of any declarations and/or formalities relating thereto. Buyer may contact their local customs office for further information before placing their order.
4. Ordering a Work and terms of payment
To place an order, the Buyer must select the Works of his choice and place them in his basket. The Buyer can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered. He is informed, in this summary, of the delivery costs relating to his order, according to his delivery address. He can then validate his order. At the end of his order, the Buyer receives an acknowledgment of receipt by email. under construction gallery recommends that the Buyer keep the information contained in the order acknowledgment.
under construction gallery then takes care of the packaging and shipping as soon as possible by choosing the express courier service provider of its choice. under construction gallery sends the Buyer a shipping confirmation email and the information necessary for its follow-up. The Buyer must ensure that the contact details he provided when ordering are correct and that they allow him to receive emails acknowledging receipt and tracking his order. Failing receipt of these, the Buyer must contact under construction gallery at the coordinates mentioned at the bottom of each page of the Site.
The full price of the Works is due upon order. Payment of the price is made online:
– through the secure online payment services Stripe or Paypal offered by under construction gallery on its Site,
– or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees that he has the necessary authorizations to use the chosen payment method.
under construction gallery reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site. Penalties of an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
The Buyer, if he is a professional, is solely responsible for the implementation of the resale right if he decides to proceed later with the resale of the Work.
Under construction gallery systematically offers hand delivery or a shipping service.
Deliveries of the Works are made to the address indicated when ordering by the Buyer as the "delivery address" (which may be different from the billing address) and within the period indicated in the confirmation email from sending order. Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the Buyer reimbursed.
The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Buyer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Shipments are made by express courier services (DHL, Chronopost, FedEx, etc.). The risks associated with transport are the responsibility of the Buyer from the moment of delivery to the chosen carrier. The Buyer is required to check, in the presence of the deliverer, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
6. Right of withdrawal
Under Article L121-20 of the Consumer Code, the Buyer has a period of 14 (fourteen) calendar days from the delivery of their order to exercise their right of withdrawal and thus return the product. to the seller for exchange or refund without penalty, except for return shipping costs. The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent), without undue delay and at the latest within 14 (fourteen) calendar days following the communication, by the Buyer, of his desire to retract. It must be accompanied by a copy of the corresponding purchase invoice. the Buyer is deemed responsible in the event of deterioration of the Work upon its return.
The Buyer who wishes to exercise his right of withdrawal must send to under construction gallery at the contact details mentioned at the bottom of each page of the Site, before the expiry of the period above, the withdrawal form annexed to these general conditions duly completed, or a statement clearly expressing its desire to withdraw and including the identification of the Works concerned.
the Buyer will be reimbursed as soon as possible for all the sums paid for his order. under construction gallery however reserves the right to defer this reimbursement until the effective recovery of the Works.
7. Intellectual Property
All elements of the Sitehttp://www.underconstructiongallery.comare and remain the exclusive intellectual property of under construction gallery. All acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of under construction gallery, or the artists if applicable, are strictly prohibited and may be subject to legal proceedings.
under construction gallery reserves the right to modify these general conditions at any time.
In the distance selling process, under construction gallery is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Under construction gallery cannot be held liable in the event of non-compliance with the legislation of the country where the Works are delivered (for example in the event of the prohibition of a title or a work). It is up to the Buyer to check with the local authorities the possibilities of importing or using the products he plans to order. under construction gallery is in no way responsible for detention or customs seizure.
10. Force majeure
The execution by under construction gallery of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would affect or delay its execution.
11. Personal data
under construction gallery undertakes to preserve the confidentiality of the information provided by the Buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004. They are necessary for the management of the commercial relationship between the parties. The Buyer guarantees the accuracy of the information provided and will be solely responsible for any erroneous, incomplete or obsolete indications. Any change of address, name, email or any other identification element that may be necessary for the proper management of the commercial relationship must be notified directly to under construction gallery.
The Buyer has a right of access, rectification and opposition to the processing of personal data concerning him. Any request must be sent by e-mail to email@example.com, or by mail to the address indicated at the bottom of each page of the Site.
11. Dispute Resolution
These distance selling conditions are subject to French law. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of an amicable resolution, any dispute relating to the contract, in particular its interpretation, validity, execution, non-execution and/or termination is the exclusive jurisdiction of the Commercial Court of Bobigny.
To the attention of :
under construction gallery
9, rue Béranger – 93170 BAGNOLET
06 37 34 99 78
I hereby notify you of my withdrawal from the contract relating to the sale below:
Artist author of the work
Title of work
year of creation
(attach copy of delivery note)
After confirmation of receipt of this form by under construction gallery, I undertake to return the work described below at my own expense. In accordance with the article of the conditions of sale that I accepted at the time of the order, I am informed that under construction gallery will not proceed to the refund (amount of the work and the least expensive shipping costs proposed to the time of the order) only upon receipt of the work by him.
Full name :