GENERAL TERMS AND CONDITIONS
These General Terms and Conditions determine the conditions of use of “PlumeGallery.com” website (hereinafter referred to as the “Website”) which the end Purchaser (hereinafter referred to as the “Purchaser” and/or “You”) expressly and/or tacitly accepts when consulting this Website.
If the User does not accept these Terms and Conditions, then she/he will not be able to access the Website. If the User is a minor underage, it is the obligation and the responsibility of their parents who have previously accepted these Terms and Conditions to be present when using the Website.
These General Terms and Conditions may be modified at any time at the sole discretion of Plume Gallery or any of its affiliates, subsidiaries, representative offices, or sister companies (altogether hereinafter referred to as “Gallery”) without any prior notification. All the amended Terms and Conditions shall be immediately effective when posted on the Website. Therefore, they rule and govern any and all subsequent use of the Website, the previous uses being ruled by the Terms and Conditions which were valid and applicable at the date of such use.
These General Terms and Conditions are governed by and interpreted in accordance with the Lebanese laws, especially the law number 81 dated October 18th, 2018, related to electronic transactions and personal data, and the law number 75 dated April 3rd, 1999, related to the protection of literary and artistic property.
By consulting the Website, the Purchaser agrees to respect the Terms and Conditions of use, as displayed at the date on which the Website is visited.
1. GENERAL PROVISIONS
1.1. The Gallery is authorized to sell the artwork(s) on behalf of the Artist (The “Artist”). This authorization allows the Gallery to facilitate the sale and transfer of ownership of the artwork(s) to the Purchaser, ensuring all necessary agreements are upheld in accordance with the established terms and conditions.
1.2. By accepting these Terms and Conditions, you acknowledge that you agree to and must comply with all the conditions outlined in these Terms and Conditions, and in the agreement between you and the Gallery, as well as those specified on the sale invoice (altogether hereinafter referred to as the “Terms”).
1.3. In the event of any contradiction between the clauses outlined in the agreement between the Purchaser and the Gallery and any other clauses mentioned in the Terms and Conditions, the provisions of the agreement will prevail over any other Terms.
2. PRICE
2.1. The prices listed on the Website exclude VAT. VAT will be added to the total price at the point of sale and must be paid by the Purchaser.
2.2. The total cost, including delivery charges, will be clearly displayed before the order is finalized.
2.3. Prices are valid as long as they remain published on the Website. The Gallery reserves the right to adjust the prices at any time without prior notice, but any such changes will not affect orders already confirmed.
2.4. All prices are quoted in Euros (€). The Purchaser is responsible for any currency conversion fees that may apply based on their payment method or location.
3. PICK UP AND DELIVERY TERMS
3.1. The responsibility for picking up the artwork rests with the Purchaser. However, if the latter opts for delivery, they will assume full responsibility for all associated costs, risks during transit, and liabilities, including transportation fees. In this case, the Gallery will not be held liable for any damage or loss that may occur during transit.
Pickup or delivery must occur within three days of placing the order. If this condition is not met, the artwork will be considered as delivered, and all associated risks will transfer to the Purchaser. This includes, but is not limited to, potential damage, loss, or destruction of the artwork due to events such as fire in the Gallery or other unforeseen circumstances. Under these terms, the Purchaser assumes full responsibility for the artwork.
4. PAYMENT AND SHIPPING POLICY
4.1. Full payment for the order must be received within seven (7) days of receipt being sent to the Purchaser via e-mail.
4.2. Payment for purchased artwork(s) purchased through the Website must be made via one of the following methods:
• Wire Transfer: Payments must be made to the Gallery’s designated bank account. The bank account details, including the IBAN (International Bank Account Number) and the bank’s name, will be provided on the Sales Invoice. The Purchaser is responsible for ensuring the full payment is made, including any applicable bank transfer fees. Payments must be received in full and on time.
• Cash Payment: Cash payments must be made in person when collecting the artwork directly from the Gallery.
• Card Payment
4.3. If the Purchaser is unable to make payment using the specified methods, they must contact the Gallery to arrange an alternative payment method within 72 hours. If no alternative payment arrangement is made within this period, the order will be canceled.
5. COMMISSIONED ARTWORKS AND CUSTOMIZATION REQUESTS
5.1. The artworks available on the Gallery Website are offered for direct purchase, but we also offer the option for Custom (personalized work tailored to the Purchaser’s preferences) and Commissioned works (unique pieces created upon request by the Purchaser).
5.2. If a Purchaser is interested in a specific piece that is not currently available, or if they wish to request a custom design tailored to their preferences, they may enter into a Commission Agreement with the Gallery.
5.3. A Commission Agreement will outline the terms of the custom artwork, including the specifications, pricing, and expected delivery timeline. Once both parties reach an agreement on the commission’s details, the Purchaser will be required to confirm their order and provide any necessary details (such as preferred size, style, or other customizations). This process ensures that both the Gallery and the Purchaser have a clear understanding of the artwork’s creation process, and that all expectations are agreed upon.
5.4. For commissioned pieces, the Purchaser will be informed of any additional charges based on the requested customizations. A deposit is typically required to initiate the commission, with the balance due upon completion and prior to delivery.
5.5. The Gallery reserves the right to decline any commission request if it does not align with the artist’s portfolio or style. Customizations or commission requests are subject to the approval of the artist, and timelines will vary depending on the nature and complexity of the request.
6. AUTHENTICITY AND OWNERSHIP
6.1. The Gallery guarantees the authenticity of the artwork(s) and affirms that they are created by the specified artist on The Website.
6.2. The Sales Invoice, along with the artist’s original signature on the artwork(s), serves as conclusive proof of authenticity. No additional certificates of authenticity will be provided by the Gallery.
6.3. The Purchaser acknowledges that no copyright or other intellectual property rights in the artwork(s) are transferred with the purchase. The artist’s moral rights, including the right to be identified as the author of the artwork(s), remain with the artist. The Purchaser may not assert ownership over these rights in any manner.
6.4. The material right of the artwork(s) will only be transferred to the Purchaser once full payment of the Sales Invoice has been received and cleared. Until then, the artwork(s) remain the property of the Gallery.
6.5. Upon transfer of the material right of the artwork(s) to the Purchaser, they assume full responsibility for the artwork(s), including any risks associated with its possession. The Purchaser is also responsible for arranging and maintaining adequate insurance coverage for the artwork(s) from that point onward.
6.6. The Purchaser agrees to notify the Gallery of any future donation or sale of the artwork(s) to an institution, for provenance purposes, and to comply with any resale condition specified on the Terms.
7. REFUND AND RETURN POLICY
7.1. Deposits made to secure an artwork are refundable within 7 days from the date of payment, except when custom framing has been requested.
7.2. Deposits for custom-framed artwork may be refunded in full, minus the cost of the framing, within 7 days of payment. The specific amount to be deducted must be determined by the Gallery at its sole discretion.
7.3. All deposits, including but not limited to those for commissioned artwork(s), event bookings, and artworks purchased at art fairs, are non-refundable.
7.4. In the event that the Artist is unable to complete a commissioned work within the agreed-upon timeframe, the Gallery will issue a full refund to the Purchaser.
8. ARTWORK USAGE AND DISPLAY
8.1. Purchasers must properly display and protect purchased artwork(s) in a manner that preserves the quality and integrity of the piece. The Gallery recommends using professional framing and maintaining the artwork in conditions suitable for long-term preservation.
8.2. The Gallery is not responsible for any damage to the artwork(a) that occurs after the transfer of material rights, including but not limited to, improper handling, poor environmental conditions (such as extreme heat or humidity), or neglect.
9. DATA PRIVACY AND SHARING
9.1. By using the Website, you consent to the Gallery collecting and processing your personal information to fulfill its obligations to you and for administrative purposes. The Gallery may share this information with its affiliated companies and third parties as necessary to complete its obligations.
9.2. Additionally, the Gallery may disclose your purchase price, identity, and location to the Artist.
9.3. By agreeing to these terms, the Purchaser acknowledges and consents to the transfer of their information to countries outside the European Economic Area (EEA), where data protection laws may differ from those in the EEA.
10. COMPLIANCE WITH EAA AND GDPR LAWS
10.1. This website operates in full compliance with the applicable Electronic and Electrical Equipment (EAA) laws and the General Data Protection Regulation (GDPR)
11. RIGHT TO TERMINATE SALE
11.1. The Gallery reserves the right to terminate any sale at its sole discretion if any of the terms and conditions of the sale are not met.
12. JURISDITCION AND GOVERNING LAW
12.1. The Terms shall be governed by the laws and regulations Lebanon. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Lebanon – Beirut for all disputes arising out of or relating to these Terms.