Terms and Conditions
Overview
This website is operated by GALERIECLUB, a French sole proprietorship (entreprise individuelle / auto-entrepreneur) owned and represented by M. Jessel, trading as GalerieClub Fine Art— registered with the R.C.S. of Lyon under SIREN 831 077 557, registered office at 8 Place de Tassin, 69160 Tassin la Demi-Lune, France, intra-community VAT number FR 70 831 077 557, VAT-exempt on cross-border export sales pursuant to article 262 I of the French General Tax Code (Code général des impôts). Throughout the site, the terms “we”, “us” and “our” refer to GALERIECLUB trading as GalerieClub Fine Art.
By visiting our site and/or purchasing an artwork from us, you engage our “Service” and agree to be bound by the following Terms of Service (“Terms”), including additional terms and policies referenced here or linked from this page.
These Terms apply to all users of the site, including browsers, buyers, collectors, and dealers. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any Service.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform through which we sell our artworks internationally, including to buyers in the United States and Canada.
Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or province of residence. You may not use our products or the Service for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including copyright and cultural-heritage laws. You must not transmit any worms, viruses or code of a destructive nature. A breach of any of the Terms will result in immediate termination of your access to the Service.
Section 2 — General Conditions
We reserve the right to refuse service to anyone, for any lawful reason, at any time. You understand that your content (not including payment-card information) may be transferred unencrypted and may involve transmission over various networks. Payment-card data is always encrypted in transit via Shopify’s PCI-DSS compliant payment infrastructure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or any content published on the site without our prior express written permission. Headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for acquisition decisions without consulting primary, more accurate, or more current sources, including independent expert opinion for Old Master and antique works. Historical information is provided for reference only. We reserve the right to modify the contents of this site at any time without obligation to update.
Section 4 — Modifications to the Service, Prices and Taxes
Prices for our artworks are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. Prices displayed on the site are in US Dollars (USD) or in Canadian Dollars (CAD) unless otherwise indicated.
GalerieClub Fine Art operates as a French sole proprietorship with intra-community VAT number FR 70 831 077 557. Cross-border sales to buyers located outside the European Union (including the United States and Canada) are exempt from French VAT under article 262 I of the French General Tax Code (exportation hors UE). Import duties, customs fees, and sales taxes applicable in the destination country are the sole responsibility of the buyer.
Section 5 — Artworks, Attributions and Descriptions
Each artwork offered on the site is a unique, hand-painted antique or vintage object sold “one of a kind.” We have made every effort to display as accurately as possible the colors, dimensions and condition of each artwork. Colors may vary depending on your monitor. We encourage prospective buyers to request additional photographs, a condition report, or a video walk-around prior to purchase.
Attribution language follows the standard international Old Master and antique market convention, which is also the framework encoded into French law by Decree n° 81-255 of 3 March 1981 (commonly known as the “Marcus Decree” / “décret Marcus”) regulating the honest description of works of art and collectors’ items. The relevant attribution tiers are:
• “by [Artist]” : designates an autograph work executed entirely by the named artist’s own hand, consistent with article 3 of the Marcus Decree.
• “Attributed to [Artist]” : designates a work very probably executed by the named artist during their lifetime, consistent with article 4 of the Marcus Decree.
• “Studio of [Artist]” : designates a work executed in the artist’s workshop, under the artist’s supervision.
• “Circle of [Artist]” : designates a work by a close contemporary associate or collaborator working in the named artist’s immediate orbit during the artist’s lifetime.
• “Follower of [Artist]” : designates a later work executed in the artist’s style by a painter who may not have had direct contact with the artist.
• “Manner of [Artist]” — designates a still later work executed in the style associated with the named artist.
The attribution language for each artwork is stated transparently in its product listing and forms a substantive part of the sales contract.
Section 6 — Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors without prior authorization. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account information (email, billing address, payment-card expiration dates) so that we can complete your transactions and contact you as needed.
Section 7 — Optional Tools
We may provide access to third-party tools (shipping calculators, currency converters, art-on-wall previewers). We neither monitor nor control such tools. Access is provided “as is” and “as available” without warranties. Your use of optional tools is entirely at your own risk.
Section 8 — Third-Party Links
Certain content, products and services on our Service may include materials from third parties, including museum websites, reference databases, and expert institutions (RKD, Codart, auction-house archives). Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party material and we do not warrant it. Complaints regarding third-party products should be directed to the relevant third party.
Section 9 — User Comments, Feedback and Other Submissions
If you send us creative ideas, suggestions, proposals, or other materials (“comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward. We are under no obligation to maintain comments in confidence, to pay compensation, or to respond. You agree that your comments will not violate any third-party right, will not contain defamatory, unlawful or malicious content, and will be truthful. You are solely responsible for the accuracy of your comments.
Section 10 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which complies with the EU General Data Protection Regulation (GDPR Regulation 2016/679), the French Loi Informatique et Libertés as amended, and, for our US buyers, applicable US state privacy laws (including CCPA/CPRA where relevant). Canadian buyers benefit from PIPEDA-equivalent disclosures.
Section 11 — Errors, Inaccuracies and Omissions
Occasionally information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, shipping charges, transit times or availability. We reserve the right to correct errors and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update information in the Service except as required by law.
Section 12 — Prohibited Uses
In addition to other prohibitions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, provincial, state or local laws; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, defame or discriminate; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for any such violation.
Section 13 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. The Service and all products delivered are (except as expressly stated in each listing and in Section 14 below regarding authenticity) provided “as is” and “as available.”
In no case shall GALERIECLUB trading as GalerieClub Fine Art, nor its representative, agents, contractors, suppliers or service providers, be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost data, or replacement costs, arising from your use of the Service or any artwork acquired through the Service. Where applicable law prohibits the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits our liability for fraud or for any matter for which liability cannot lawfully be excluded under French law.
Section 14 — Authenticity Guarantee (Marcus Decree, French Law)
GalerieClub Fine Art honors the French authenticity guarantee framework established by Decree n° 81-255 of 3 March 1981 (the “Marcus Decree”) and codified in articles 1641 et seq. of the French Civil Code on hidden defects (vices cachés).
Where an artwork is described in its product listing as “by [named artist]” or “Attributed to [named artist]” (within the meaning of articles 3 and 4 of the Marcus Decree), we warrant the accuracy of that attribution for a period of five (5) years from the date of delivery. If during this five-year period the buyer produces a contradictory written opinion issued by a recognized expert institution (RKD Netherlands Institute for Art History, a member of the Compagnie Nationale des Experts, a specialist department of Christie’s, Sotheby’s, Dorotheum, or Lempertz) establishing that the attribution stated at the time of sale is substantially inaccurate, we will refund the full purchase price upon return of the artwork in its original condition, in accordance with the French authenticity-guarantee framework.
Where an artwork is offered as “Studio of,” “Circle of / Entourage de,” “Follower of,” or “Manner of” (within the meaning of article 5 of the Marcus Decree), the buyer acknowledges that this language designates a stylistic relationship, not direct authorship by the named master, and that the five-year authenticity guarantee applies to that specific stylistic relationship as stated in the listing, not to autograph status.
Section 15 — Export Compliance, Customs and Cultural Heritage
All shipments leaving France are accompanied by customs documentation identifying each artwork under HS code 9701.10 (original hand-painted paintings, drawings and pastels). Works of cultural heritage significance may require export authorization from the French Ministry of Culture under the Code du patrimoine (articles L.111-1 et seq.); where such authorization is required, shipment is conditional on its issuance. Works falling under CITES regulation (ivory, tortoiseshell, certain tropical woods in frames or supports) will be shipped only with the applicable CITES certification. Import duties and taxes in the destination country (United States, Canada, or other) are the sole responsibility of the buyer.
Section 16 — Indemnification
You agree to indemnify, defend and hold harmless GALERIECLUB trading as GalerieClub Fine Art and its representative, agents, contractors, licensors, service providers and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
Section 17 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of any remaining provisions.
Section 18 — Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site. If in our sole judgment you fail to comply with any term of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Section 19 — Entire Agreement
The failure of GALERIECLUB trading as GalerieClub Fine Art to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.
Section 20 — Governing Law and Jurisdiction (Tiered Jurisdiction Clause)
20.1 — Governing law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with French law, to the exclusion of its conflict-of-laws rules. Nothing in these Terms deprives EU-resident consumers of the mandatory protections of their country of habitual residence (Regulation (EC) No 593/2008, Rome I, art. 6), nor deprives buyers of mandatory consumer-protection rules applicable in their country of residence.
20.2 — Mandatory pre-litigation negotiation. Before initiating any legal proceedings, the parties shall first attempt to resolve the dispute through good-faith written negotiation. A claim notice shall be sent to galerieclub1@gmail.com with a detailed description of the dispute. The parties shall have sixty (60) days from receipt of such notice to reach an amicable resolution. For consumers, this step is optional and does not deprive the consumer of the right to seek immediate judicial relief.
20.3 — Mediation (optional, consumer buyers). In accordance with articles L.611-1 et seq. of the French Code de la consommation, consumer buyers may, before initiating proceedings, submit any dispute free of charge to a consumer mediator. GalerieClub Fine Art designates as its consumer mediator [« nom et coordonnées du médiateur à compléter — adhésion CM2C, MEDICYS ou autre médiateur agréé CECMC requise »]. EU-resident consumers may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
20.4 — Exclusive jurisdiction : business-to-business (B2B) disputes. For any dispute between GALERIECLUB trading as GalerieClub Fine Art and a buyer acting in the course of its trade, business, craft or profession (including, without limitation, art dealers, galleries, auction houses, museums, foundations, corporate collectors, and any legal entity acquiring artworks for resale or commercial display), the parties irrevocably agree that the Tribunal de commerce de Lyon (Commercial Court of Lyon, France) shall have EXCLUSIVE jurisdiction, to the exclusion of any other court, notwithstanding plurality of defendants or warranty claims. This exclusive jurisdiction clause is stipulated pursuant to article 48 of the French Code de procédure civile and article 25 of Regulation (EU) No 1215/2012 (Brussels I recast).
20.5 — Jurisdiction : consumer disputes. For any dispute with a buyer acting as a consumer (i.e. a natural person acting for purposes outside his or her trade, business, craft or profession), the parties acknowledge that mandatory consumer-protection rules override any choice-of-jurisdiction clause. Accordingly: (a) a consumer domiciled in the European Union may bring proceedings either before the courts of the Member State in which he or she is domiciled, or before the Tribunal judiciaire de Lyon (France), at the consumer’s choice, in accordance with articles 17 to 19 of Regulation (EU) No 1215/2012; (b) a consumer domiciled in the United States or Canada may bring proceedings before the courts having jurisdiction under his or her local law, without prejudice to GalerieClub Fine Art’s right to invoke French law as the governing law on the merits; (c) GALERIECLUB may only bring proceedings against a consumer before the courts of the Member State or country in which the consumer is domiciled.
20.6 — Severability of the jurisdiction clause. If any portion of this clause (20.4 or 20.5) is held unenforceable by a competent court, the remainder shall continue in full force; in particular, the invalidity of the exclusive-jurisdiction stipulation in a consumer dispute shall not affect its enforceability in B2B disputes.
20.7 — Interim and injunctive relief. Notwithstanding the foregoing, each party may seek urgent interim, conservatory or injunctive relief (including, for GALERIECLUB, protective measures relating to artworks, seizure of counterfeit goods under articles L.521-1 et seq. of the French Code de la propriété intellectuelle, or attachment orders) before any court of competent jurisdiction, without such action constituting a waiver of this Section 20.
Section 21 — Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 22 — Refusal and Refunding of Orders
As custodians of the artworks we offer, we reserve the right to refuse orders, or to refund orders, where we reasonably believe that the purchaser may return the artwork without due cause. This policy exists to avoid an antique or vintage artwork undergoing unnecessary international postal journeys, which carry inherent condition risk.
Section 23 — Contact Information
Questions about these Terms of Service should be sent to galerieclub1(arobase)gmail.com. Postal correspondence may be addressed to GALERIECLUB trading as GalerieClub Fine Art, 8 Place de Tassin, 69160 Tassin la Demi-Lune, France.
Legal identity summary — GALERIECLUB, entreprise individuelle (auto-entrepreneur), représentant : Jessel. SIREN 831 077 557, R.C.S. Lyon. Siège social : 8 Place de Tassin, 69160 Tassin la Demi-Lune, France. TVA intracommunautaire : FR 70 831 077 557. Exonération de TVA sur exportations hors UE au titre de l’article 262 I du CGI. Contact : galerieclub1(arobase)gmail.com.