Terms and conditions of sale

Preamble

These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply to all sales of Works made through the œuvres-jose.com website. They are intended to govern the relationship between the painter José PEREIRA or his successors in title, hereinafter referred to as the “Seller”, and the Purchasers of the Works.

Art. 1 – Conclusion of the sales contract between the Buyer and the Seller

1 – The Works are presented on the Site œuvres-josé.com with a description enabling the Buyer to know their essential characteristics and their price.

2 – The Buyer selects the Work(s) he/she wishes to purchase.

3 – The Buyer confirms his/her choice of Work(s), and acknowledges and accepts the present GCS by clicking to confirm. He/she chooses his/her method of payment between payment by credit card via our payment service provider or by bank transfer to the Vendor’s account.

If the Purchaser chooses to pay by credit card, he/she will immediately proceed with payment via the Vendor’s payment service provider. The Buyer will receive an e-mail confirming that his/her order has been processed. However, the sales contract concluded between the Buyer and the Vendor is subject to the resolutive condition that the Work(s) ordered is (are) effectively available.

If the Purchaser chooses payment by bank transfer, he/she must wait for the e-mail confirming the availability of the Work(s) and then transfer the total amount of the order to the Vendor’s bank account as quickly as possible, so that payment is received within 5 working days of receipt of the e-mail confirming the availability of the Work(s) ordered. Receipt of payment within this period is a resolutory condition of the sale.

4 – Once the availability of the Work(s) has been confirmed or denied by the Vendor, an e-mail is sent to the Buyer to inform him/her of the availability or otherwise of the Work(s) ordered.

In the event of confirmation of the availability of the Work(s) by the Seller, the resolutory condition attached to the sales contract concluded between the Buyer and the Seller is lifted:

• The Buyer hereby undertakes to pay for the Work by bank transfer if he/she has chosen this method of payment;
• The Vendor hereby undertakes to deliver the Work(s) ordered within the timeframe announced on the Work’s description page, once receipt of the bank transfer has been confirmed.
• In the absence of confirmation of the availability of the Work(s) within 3 days, or in the event of non-receipt of the transfer within 5 working days from the date of validation of the availability of the Work(s) if the Purchaser has chosen this method of payment, the contract concluded between the Purchaser and the Vendor is automatically terminated and each of the parties is released from its obligations. In particular, the Buyer will be fully reimbursed for any sums debited. However, only the contract for the sale of the unavailable Work(s) is affected by this termination.

5 – In the event of confirmation of the availability of all or part of the Works ordered by the Buyer and confirmation of receipt of the bank transfer by the Vendor if the Buyer has chosen this method of payment, the said Works will be dispatched by the Vendor.

Art. 2 – Prices

The prices of the Works are set by the Vendor. They are stated in euros, including VAT, on the description sheets, but excluding delivery costs, which are specified when the shopping basket is validated.

The price of a work may be modified at any time, upwards or downwards, but the price invoiced corresponds in all cases to the price displayed on the Site at the time the order is validated by the Buyer.

Art. 3 – Delivery and handling charges

The price is increased by any delivery and handling charges (packaging, shipping and insurance) that may be due.

The amount of delivery charges, payable by the Purchaser, is indicated in the shopping basket, after the Purchaser has entered and validated the delivery address. They are calculated on the basis of a price scale that varies according to the size and weight of the Work ordered, as well as the shipping and delivery address.

Delivery costs are based on the best safety/quality/price ratio in this field.

Orders including a request for international delivery must be formally confirmed by the seller. Under no circumstances may the responsibility of the Artist José PEREIRA or his assigns be sought in cases where this shipment proves impossible. The Artist José PEREIRA naturally undertakes to do his utmost to make the Work available to the Purchaser.

Purchasers are invited to find out about international delivery conditions by contacting the Seller via the contact tab before confirming their order.

Art. 4 – Customs duties

Prices are displayed in the basket “Excluding any customs duties”. If customs duties, local taxes or import duties are due, they are payable by the Buyer and are the Buyer’s sole responsibility, both in terms of declarations and payments to the competent authorities/organizations.

Unfortunately, it is impossible for us to keep Buyers informed in real time of changes in the customs policies of each country to which the Works are shipped. To find out about the taxation applicable to Works of Art imported into the destination country, the Buyer is invited to contact the relevant customs authorities.

Art. 5 – Payment

Payment for purchases made through the œuvres-josé.com website may be made by credit card via our payment service provider.

The Purchaser will be debited for the price of the Work(s) purchased, plus delivery charges, as displayed on the order summary.

In the event of unavailability of one or more Work(s) ordered, the order will be cancelled and the sums paid will be refunded in full.

Payment can also be made by bank transfer. In this case, the transfer must be made within 5 working days from the date of validation of the availability of the Work(s) by the Vendor.

Art. 6 – Payment security

The Seller has chosen high-performance and rigorous tools in terms of securing means of payment. The oeuvres-josé.com website uses SSL (Secure Socket Layer) encryption to establish an encrypted connection directly between the Buyer and the bank.

Under no circumstances does the Seller have access to confidential information relating to the means of payment used by the Customer. This is why the Customer’s bank details will be requested for each new order. Only the payment service provider has access to confidential information, which remains inaccessible to third parties.

Although the œuvres-josé.com site uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. The Seller shall not be liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. In the event of problems, the Buyer should contact his bank.

Art. 7 – Shipping and collection methods

7.1 – Shipment of the work by the Artist, under the Vendor’s responsibility.

Shipping costs are accepted by the Buyer when validating his/her shopping basket.

It is the sole responsibility of the Buyer to ensure that the information he/she communicates to the Seller for this purpose is and remains correct and that it will enable him/her to receive the Works he/she purchases on the œuvres-josé.com Site.

The Seller, provided that it has validated the availability of the Work(s) and that it has notified the Buyer of the receipt of payment, is responsible for packaging the Work(s) in the packaging provided and making the package available to a carrier.

The Work(s) is (are) delivered to the address indicated by the Purchaser when placing his/her order, and should be delivered no later than 7 working days – for a national delivery in Metropolitan France – after confirmation by the Vendor that the parcel has been made available to the carrier. This delivery time, given as an indication, may vary according to the carrier chosen and the destination.

The Vendor undertakes to transmit to the Purchaser the name of the carrier who has taken charge of the transport, as well as the parcel number, in order to enable the Purchaser to follow the delivery status of his/her order on the carrier’s website, provided that the carrier offers a parcel tracking service.

Works travel at the Seller’s risk.

7.2 – The Purchaser may also collect the Work(s) ordered directly from the Vendor’s premises.

The Purchaser indicates the delivery method – dispatch or collection from the Vendor’s premises by appointment – that he/she chooses during the order validation process on the œuvres-josé.com website.

Once the order has been placed and subject to the actual availability of the Work(s) and the Vendor’s receipt of payment for the order from the Buyer, the Vendor makes the Work(s) ordered available to the Buyer. The Buyer is notified by e-mail of the availability of the Work(s) and agrees to an appointment at the Vendor’s premises, by e-mail or by telephone.

Art. 8 – Right of withdrawal

8.1 – Notice

In accordance with the legal provisions in force, in the case of a purchase made from a professional Artist established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he or she is a national of this area, has a period of 14 days from receipt of the Works ordered, either personally or through a third party designated to receive the package, to exercise his or her right of withdrawal from the Vendor, without having to justify his or her decision or pay any penalty.

If the Buyer is not a citizen of the European Economic Area, this right of withdrawal does not apply.

The Buyer may exercise his right of withdrawal directly with the Seller:

• Either by sending an e-mail via the contact form on the œuvres-jose.com website
• Or by sending a letter by post to the following address: José PEREIRA – 17 rue du Javelot 75013 Paris – France
• Or by returning the retraction form sent by e-mail.

Any disputes will be settled directly between the Buyer and the Seller.

8.2 – Reshipment of the artwork



Return shipping costs are borne in full by the Buyer.

The Work must be returned in perfect condition, in its original unaltered packaging (or any other clean packaging guaranteeing the integrity of the product during transport operations), accompanied by the documents received at the time of delivery including, but not limited to, the Certificate(s) of Authenticity of the Work(s) being returned.

The Work(s) must be sent by the Buyer under the same transport conditions as those used for shipment, to the address communicated by the Vendor by return e-mail, no later than fourteen days after communication of the decision to withdraw from the present contract.

8.3 – Refunds

Should the right of withdrawal be exercised within the aforementioned time limits, the Vendor undertakes to refund all payments received corresponding exclusively to the purchase price of the work(s) concerned. All costs corresponding to delivery and transport of the work(s) will not be reimbursed.

Refunds will be made no later than fourteen days after receipt of the returned artwork(s). 
By default, reimbursement will be made by the same means of payment used for the initial transaction, unless the Purchaser expressly requests reimbursement by a different means that does not incur any additional costs for the Vendor.

Art. 9 – Disputes and litigation

The Buyer undertakes, upon receipt, to unpack and check the condition of each work in the presence of the carrier, and to make any reservations he deems necessary to the latter, in writing and without delay, and at the latest within 48 hours of receipt via the contact form or by e-mail to jose.pereira@oeuvres-jose.com. 


Any delivery which has not been the subject of reservations communicated to the carrier by registered letter with acknowledgement of receipt within 3 days of receipt, in accordance with article L.133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to the Vendor, will be deemed accepted by the customer.

Art. 10 – Personal Data

In addition to Article 4 of the GTU, the Purchaser is informed that all data collected on the site Œuvres-jose.com when placing orders are processed by the Seller for the purpose of processing said orders.

Contracts concluded on the site œuvres-jose.com (data relating to the order and GTC in force on the day of the order) are archived for a period of 10 years. The Purchaser may access archived contracts by making a request via the contact form or by e-mail to jose.pereira@oeuvres-jose.com or by post (José PEREIRA 17 rue du Javelot 75013 Paris). 


Purchaser information and data relating to delivery are used by the Vendor solely for the purpose of dispatching the Work(s) ordered. Under no circumstances may they be used for any other purpose.
The Seller undertakes to ensure the security of the personal data it stores for the purposes of fulfilling and tracking orders.

For further details concerning the storage and processing of personal data collected by the Seller, please refer to the Privacy Policy of the œuvres-jose.com website.

Art. 11 – Copyright

You are about to purchase an original Work of Art created by the contemporary painter José PEREIRA.

Copyright is the intellectual property right that all authors have over their works. It enables the author of a work to decide how his or her work may be distributed or used, and to receive remuneration in return for the exploitation of that work.

According to article L111-1 of the French Intellectual Property Code: “The author of a work of the mind enjoys, by the sole fact of its creation, an exclusive intangible property right that is enforceable against all.”

The transfer of rights is never implicit, and a specific clause in the commissioning contract must expressly provide for the transfer of rights: otherwise, the author retains all copyright.

Authors have two types of prerogative over their work: moral rights and economic rights, governed by articles L. 121-1 to L. 122-12 of the French Intellectual Property Code (CPI).

11.1 – Ownership of the Artwork

When a artwork is commissioned or purchased, the owner acquires only the “material support”. Intangible property rights, i.e. economic rights and moral rights, belong to the author of the work (cf. articles L121-1 to L122-12 of the French Intellectual Property Code).

11.2 – Les droits moraux

Moral rights confer on the author of a work of the mind the right to respect for his or her name, status and work.

An artist’s moral rights are “perpetual, inalienable and imprescriptible”. It is linked to the person of the author, who cannot renounce it or transfer it to another person. On the death of the author, this right persists for the benefit of his heirs for the current calendar year and the following 70 years (cf. article L123-1 of the French Intellectual Property Code).

Moral rights comprise four types of prerogative:

• The right of disclosure enables the author to decide when and under what conditions he will communicate his work to the public (CPI, art. L. 121-2);
• The right to authorship enables the author to demand and claim at any time that his or her name and qualities be mentioned in any publication of his or her work. In addition, any user of the work is obliged to indicate the author’s name. This right in no way precludes anonymity or the use of a pseudonym;
• The right to respect allows the author to oppose any modification likely to distort his work. This duty to respect the work applies equally to the assignee of the exploitation rights and to the owner of the material support of the work;
• The right of repentance or withdrawal enables the author, notwithstanding the transfer of his exploitation rights, to stop the exploitation of his work or of the rights transferred, on condition that he compensates his co-contractor for the prejudice caused (CPI, art. L. 121-4).

11.3 – Economic or pecuniary rights

The author has the exclusive right to exploit his work in any form whatsoever, and to make a pecuniary profit from it (CPI, art. L. 123-1). The economic prerogatives conferred on authors are representation and reproduction rights, and droit de suite.

11.3.1 – Rights of representation and reproduction (CPI, art. L. 122-1)

These prerogatives confer on the author the right to authorize or prohibit any form of exploitation of his or her work, whatever the form. Any unauthorized use of the author’s work constitutes counterfeiting, which is punishable under civil and/or criminal law (CPI, art. L. 122-4).

• The right of reproduction consists in the material fixation of the work to the public by all processes that enable it to be communicated to the public indirectly (CPI, art. L. 122-3 CPI). The Intellectual Property Code cites in particular: “printing, photography and all processes of the graphic and plastic arts, as well as mechanical, cinematographic or magnetic recording”.
• The right of representation consists in the communication of the work to the public by any process (CPI, art. L. 122-2), in particular by public recitation, lyrical performance, dramatic representation, public presentation, broadcasting (diffusion by any telecommunication process of sounds, images, documents, data and messages of any kind), public projection and transmission in a public place of the broadcast work and making it available on demand over digital networks.

These rights apply to all media and techniques of reproduction and representation;

The enumeration of modes in these articles is not limitative. Their scope extends to secondary uses of the work, such as the creation of a derivative work (adaptation, translation, etc.), and to digital reproduction and transmission (digitization, storage and online public communication).

Similarly, the Intellectual Property Code does not take into consideration the extent of exploitation – partial or total – or its purpose – commercial or non-commercial. The author’s express consent must therefore be obtained for each reproduction and representation method.

11.3.2 – The droit de suite

The French Intellectual Property Code defines the droit de suite granted to authors of plastic and graphic works as “an inalienable right to share in the proceeds of any sale of a work after the first transfer by the author or his successors in title” (CPI, art. L.122-8). The droit de suite is based on a different logic from that of reproduction and representation rights, since it does not consist in an exclusive right to authorize or prohibit, but in the inalienable right to receive a percentage of the proceeds from any sale of a graphic or plastic work after the first transfer by the author or his successors in title.

The droit de suite system was radically overhauled following the entry into force of the European directive of September 27, 2001 on droit de suite for the benefit of the author of an original work of art, transposed by the law of August 1, 2006:

• • Droit de suite applies to the proceeds of any sale of a work when an art market professional acts as seller, buyer or intermediary.
  • Resale rights do not apply, however, when the seller has acquired the work directly from the author less than three years before the sale, and the sale price does not exceed 10,000 euros.

11.4 – Rights assigned with the purchase of the Work :

The Artist José PEREIRA transfers to the Purchaser, without limitation of time, the medium of each Work purchased on the œuvres-jose.com website, as well as the economic rights of presentation attached to it. The Purchaser may thus exhibit the Work in any place of his choice, present it to the public, including a delocalized public, transfer it, lend it or rent it.

However, the Artist José PEREIRA retains :

• The patrimonial right of reproduction, in accordance with the provisions of article L.122-7 of the French Intellectual Property Code.
• His moral rights to the Work.


The nullity of the sale automatically entails the nullity of the transfer of rights. The Buyer who chooses to retract his purchase therefore undertakes to return to the Artist any income derived from the exploitation of the Work prior to the cancellation of the present contract.

Art. 12 – Partial nullity

If one or more stipulations 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 stipulations will retain all their force and scope.

Art. 13 – Applicable law

These terms and conditions are governed by French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.