Terms & Conditions & Privacy Policy

Terms & Conditions & Privacy Policy

Legal notices

The website https://www.ncag-art-gallery.com (hereinafter the “Website”) is open to all users of the Internet.

It is edited by

The company NOUVELLE COMPAGNIE DES ARTS GRAPHIQUES, or N.C.A.G (hereinafter “NCAG”), a limited liability company (a sole shareholder company) with a capital of 5,000 euros, the registered office of which is located at 6 Place Boulnois, 75017 Paris and registered in the R.C.S. of Paris under the number 802 731 026, intra-Community VAT number EN 86 802731026.

It is hosted by

INFOMANIAK NETWORK S.A.

26 avenue de la Praille – 1227 Carouge

Geneva SWITZERLAND

The Website allows NCAG to offer works of art (the «Products») for sale to Internet users browsing the Website (hereinafter the «Customer»).

Our Website operates on a pre-order system. By making a pre-order, the Customer acknowledges that if the pre-order is not validated by the Site, the Customer will be fully refunded the amount debited at the time of the pre-order. The Website reserves its right to cancel a pre-order for any reason.

As the Products are mostly in single copies, or under different conditions, the Customer may only replace a Product if the same Product is already in stock, under the exact same conditions. If the customer wishes to be refunded an order placed in pre-order, he requests it via the contact form, the refund procedure will be started immediately after receipt of the returned item, according to the conditions of return determined by the Website.

Any pre-order (hereinafter the “Pre-orders”) of the Products appearing on the Site presupposes the prior consultation of these General Conditions (the “C.G.V.”) and their irrevocable acceptance, without reservation. Consequently, the Client acknowledges that it is fully informed that its agreement regarding the content of these CGVs does not require the handwritten signature of this document, insofar as the Customer wishes to order the Products presented in the Site’s shop online. The Customer declares to have the capacity to conclude this contract, that is to say to have the legal majority, eighteen (18) years, and not to be under guardianship. The Parties agree that their relationship will be governed exclusively by these CGVs.

NCAG reserves the right to adapt or modify these C.G.V. at any time. It is agreed that in the event of modification, the C.G.V. version applicable to any Order or Pre-order is the one appearing online on the Website on the day the Order is placed.

Products

In accordance with the Consumer Code in its Article L. 111-1, NCAG presents on the Website the Products for sale and their characteristics. The Customer has the possibility to know, before the final purchase, the essential characteristics of the Products he wishes to purchase.

Pre-order offers submitted by NCAG are valid only within the limit of the quantity offered for pre-order.

The offers in stock presented by the company NCAG for replacement are valid only within the limit of available stocks, and only if the condition and value of the Products in stock are equivalent to the Product returned. The Site reserves its right to refuse a replacement.

In the event that no Product can be replaced, a full refund will be made in lieu of the exchange.

The pictures and the conditions representing the Products are only indicative. These photos, as well as the texts illustrating the Products, do not fall within the scope of the contract. It is up to the Customer to request additional photographs or condition details.

Price

The prices appearing on the Website are quoted in euros, and their conversions according to the current exchange rate of the dollar are valid only on the date of the validation of the Order by the Customer. NCAG reserves its right to modify them, without notice, at any time, with the understanding that the invoicing of the Products will be based on the rates in force at the time of registration of the Pre-order.

The prices do not take into account the shipping costs, charged in addition and quoted before the confirmation of the Pre-order. Payment of the full price must be made during the Pre-order. At no time will the sums paid be considered as a deposit or down payment. These prices are guaranteed subject to typography or printing errors.

In accordance with the French General Tax Code in its Article 297, invoices may not show VAT, as the Website is subject to the VAT margin derogation scheme, as defined by Article 297.

For the Products shipped outside the European Union and DOM-TOM, in the event that customs duties, import taxes or other charges are payable, due to the geographical destination of the products, these charges shall be borne by the Customer, to whom it is recommended to carry out the necessary checks and procedures prior to the validation of your Order.

Payment

The Products are payable in euros and/or in dollars on the day of the Order. To pay the Order, the Customer has only one means of payment. The following: credit card (via Stripe).

For the payment by credit card, the Customer gives the number of one’s bank card, associated with its expiry date, as well as the cryptogram numbers on the back of one’s bank card. In order to ensure the security of payments made online, the Customer accesses a dedicated space made available by the company STRIPE, which ensures the security and registration of the payment order and the security of the payment itself. In this regard, the Customer expressly acknowledges that the communication of one’s bank card number to the NCAG Company through the STRIPE Company constitutes authorization to debit one’s account to the extent of the ordered Products.

The accepted cards are: CB, VISA, MASTERCARD, AMERICAN EXPRESS.

NCAG reserves its right to suspend or cancel any Pre-order and Delivery in the event of refusal of credit card authorization from officially accredited organizations or in the event of non-payment. NCAG reserves its right to refuse to make a delivery or to honour a Pre-order issued by a Customer who has not fully or partially settled a previous pre-order, or with whom a payment dispute is pending.

The delivered goods remain the property of NCAG until receipt of payment. The transfer of risks to the Customer takes place as soon as the Products are delivered.

The computerized records, kept in NCAG’s computer systems under reasonable security conditions, shall be considered as evidence of communications, Orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Pre-order

Any Pre-order will be confirmed when the Customer clicks on the “Buy now” button.

Confirmation of the Pre-order implies acceptance by the Customer of the C.G.V. and the essential characteristics of the Products.

After the registration of the Pre-order, a confirmation email summarizing it (product, quantity, price of the artwork, shipping fees, total amount of the order, etc.) will be sent to the Customer by NCAG. To this end, the Customer formally accepts the use of email for the confirmation by NCAG of the content of one’s order. Invoices are sent at the same time as the Product in the package.

In case of Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of the French Civil Code, in its Article 1590.

If the Pre-ordered Product is no longer in stock, NCAG will contact the Customer to announce its decision to cancel the Pre-order.

In this case, NCAG will refund the Customer within fifteen (15) days of the cancellation of the Pre-order.

Delivery

Delivery place

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer or of any other natural or legal person of his choice, if this is clearly specified in the Pre-order.

Delivery cannot be made to hotels or mailboxes.

When registering the Client’s personal details, the Client must ensure the accuracy and completeness of the mandatory data one provides. In the event of an error in the wording of the recipient’s contact information, NCAG cannot be held responsible for the inability to deliver the Product(s).

Delivery time

The delivery times are indicative deadlines, expressed in working days and corresponding to the average processing and delivery time.

The Customer acknowledges that, in case of a Pre-order, the delivery time can be extended. NCAG cannot be held responsible for the consequences due to a delay in delivery that is not due to it or is due to an act of force majeure.

Receipt of Products

Delivery shall be deemed to have been effected upon delivery of the Products to the Customer by the carrier, as evidenced by the control system used by the carrier.

Upon receipt of the Products, the Customer is required to check the condition of the packaging of the goods and to report damage due to the carrier on the delivery slip, as well as to NCAG, within three (3) days by sending a message on the contact form on our website.

The delivery costs are to be paid by the customer. The return costs will be covered by NCAG in case of withdrawal or in case of exchange.

Right of withdrawal

Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to assert one’s right of withdrawal on one’s Order.

This period runs from the receipt of the Products by the Customer.

The Customer must attach to his withdrawal request a copy of the invoice or any other element identifying the Order in question, and its holder.

Only the Customer identified as such with NCAG may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).

Terms of return and refund

Any replacement or return must be the subject of a declaration by the Customer to NCAG within fourteen (14) days, by contacting the customer service via the contact form. The return prepaid label by the Website will be sent by email and will be printed by the Customer.

The Products must be returned by the Customer no later than fourteen (14) days following the communication of one’s decision to withdraw.

If any return is possible, a replacement is not guaranteed by NCAG and will be dependent on the available stock and its condition. The Website reserves its right to refuse a replacement if the stock does not have a corresponding available Product, or in the exact same condition. A full refund will be offered by default.

The Product must be returned by the Customer in its original packaging or any equivalent packaging, in perfect condition, without degradation, not to have been hung, displayed or tampered with, this allowing a possibility of exchange for another customer. « Return Item » must be indicated on the return package.

If the parcel is lost or damaged when the product is returned, the cost of the damage is borne by the Customer.

Products that are not returned within the aforementioned deadlines and conditions will not be refunded or replaced by NCAG.

The return address is:

NCAG – Benjamin Sznaper

10 Rue des Mésanges

Halle Darla Lot 33 R+1

64200 Biarritz

FRANCE

In accordance with Article L. 221-24 of the French Commercial Code, NCAG undertakes to reimburse the sums received under the Pre-order within fourteen (14) days. This period shall run from the receipt by NCAG of the returned Products by the Customer.

The refund will be made by credit to the Customer’s bank account corresponding to the bank card used to pay the Pre-order. If you have changed your bank account, remember to give your new bank details to your old bank.

Governing law

These general conditions are subject to French law. In the event of a dispute or complaint, the Customer shall first contact NCAG to obtain an amicable solution.

The Customer is informed that any consumer may have free recourse to a consumer mediator for the amicable resolution of a dispute with a professional. Consumer mediation applies to any domestic or cross-border dispute between a consumer and a professional in connection with the performance of a contract of sale or provision of services.

The request may not be accepted by the consumer mediator if:

  • The Client does not justify having tried, in advance, to resolve its dispute directly with the NCAG company by a written complaint according to the terms provided;
  • The request is clearly unfounded or abusive;
  • The dispute has been previously examined or is being examined by another mediator or by a court;
  • The consumer submitted his request to the ombudsman within a period exceeding one year from his written complaint to NCAG;
  • The dispute does not fall within its jurisdiction.

The consumer shall be informed by the mediator, within three (3) weeks of receipt of his file, of the rejection of his request for mediation.

In the absence of recourse to mediation, the suit comes under the jurisdiction of the courts of the company’s registered office.

Information technology and freedom

In order to provide the services offered on the Website, NCAG may be required to process personal data about you, in particular those that have been collected during your contact on the Website, or when placing your order.

The information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to the companies participating in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also stored in order to pursue the objectives of security, identification, improvement and customization of services.

The Customer has at all times a right of access, rectification and opposition to the personal data concerning him, under the conditions provided for by the law of 6 January 1978. To do this, simply send a message via the contact form and the necessary arrangements will be made immediately.

We invite you to consult our Privacy Policy for more information about NCAG’s use of your personal data.

Data protection policy

The Nouvelle Compagnie des Arts Graphiques society (hereinafter “NCAG”), as defined in the Legal Notices, is in charge of the data process within the meaning of the GDPR, for the collection and processing of personal data carried out on this site accessible at the URL https://www.ncag-art-gallery.com hereafter the Website.

In this regard, NCAG commits itself to respect the personal data relating to you, which are collected and processed during your use of the Website. In this regard, NCAG complies with European and French legislation on the protection of personal data, mainly European regulation EU no. 2016/679 known as “GDPR” and law no. 78-17 known as “Informatique et Libertés”.

Purposes of the processing

Your personal data may be processed through the Website for the following purposes:

  • The form on the Website allows you to purchase the products offered directly on the Website, to be delivered to the address indicated by you, and to create a customer account if you wish. Subject to your prior consent, you are hereby informed and in connection with this collection that NCAG may send you promotional and advertising offers in connection with the Website. If you prefer not to receive such promotional offers, and not to participate in our advertising personalization programs, you can indicate this when you register, or at any time, by filling out the contact form. To unsubscribe from offers received by email, you can directly click on the unsubscribe link included in each email.
  • The Website includes a login space to allow you to access your account, make new purchases, and track your previous orders. The navigation data of visitors to the Website are collected through connection data (logs) generated by the Website’s web server. They are kept for the purposes of security and personalization of services and to allow you to access your account, for a period strictly necessary for these purposes, and not to exceed six months for security purposes. This data is intended for the NCAG services and/or the service providers it uses to manage the Website and ensure its security.

The data you enter is necessary for order management, execution and monitoring of commercial relations, as well as for internal statistical purposes. These personal data processed via the Website remain in the territory of the European Union. The data collected on the Site are exclusively intended for NCAG, and/or subcontractors that may be used in the context of Site management and order management (DHL, UPS, FEDEX, CHRONOPOST, or any other delivery company used by NCAG, STRIPE for payment management, INFOMANIAK for newsletter management, etc.).

Retention period

The data of visitors to the Website, customers or prospects of NCAG are kept for the time necessary to manage the commercial relationship and to process their request(s). Customer data used for commercial prospecting purposes may be retained for a period of three years from the end of the business relationship. The data of visitors to the Website, non-customer prospects of NCAG, are kept during the time necessary for the management of the commercial relationship, and for a period of three years from their collection or the last contact from the prospect, unless agreed for a longer period.

All data used to establish proof of a right or contract, or kept in compliance with a legal and/or regulatory obligation, may be subject to an archiving policy, and be kept for these purposes in accordance with the legal and/or regulatory provisions in force.

Your rights

In accordance with Law no. 78-17 of 6 January 1978 and the GDPR, you have the right to access, rectify or erase personal data concerning you and, where applicable, the right to the portability of your data. You can request the limitation or object to the processing of your data, or, if necessary, withdraw your consent. You can also define guidelines on the fate of your data after your death, by application of Article 32 6° of the Law n°78-17 of 6 January 1978.

To exercise these rights, you can contact NCAG by completing the contact form or at the address of NCAG’s registered office as mentioned in the Legal Notice.

In accordance with the law, you have the legal right to lodge any complaint with a supervisory authority, the CNIL.