Article 1 — Loo&Lou Gallery

These General Terms and Conditions are entered into between the Luxembourg company Loo&Lou Gallery, whose registered office is situated at 25B Boulevard Royal, L2449 Luxembourg and registered in Luxembourg under number B190.747, which operates the Loo&Lou art gallery located at 20 rue Notre-Dame de Nazareth, 75003 Paris, France (Paris Trade and Companies Register No. 809639065), and the website www.looandlougallery.com/.

Contact: contact@loolougalerie.com / +33 1 42 74 03 97

(the “Gallery”)

and

Any purchaser of a work of art offered for sale by the Gallery (either directly or on behalf of the artist).

The Gallery is a contemporary art gallery dedicated to discovering, promoting and exhibiting works by emerging and established artists. It represents and supports its artists within a relationship based on trust and longevity.

These Terms and Conditions govern all transactions relating to works offered by the Gallery – in the Gallery, online and remotely. They apply to all purchases made from France or internationally. In the event of any conflict between specific terms negotiated with a professional buyer and these Terms and Conditions, the specific terms shall prevail

By proceeding with the purchase of a work, the buyer acknowledges having read these T&Cs and accepts them without reservation. The Gallery reserves the right to amend them at any time; the applicable T&Cs are those in force on the date the order is placed or a sales contract is signed.

Article 2 — Nature of the works on offer

The works offered for sale are original creations — paintings, sculptures, photographs, works on paper, installations, editions — duly authenticated.

The photographic reproductions appearing on the website or in the Gallery’s promotional materials are provided for illustrative purposes only. The colour, texture and details of an original work cannot be fully reproduced by a digital medium. The Gallery strongly encourages collectors to view the works in the gallery before making any purchase.

For online sales, the artwork descriptions constitute an offer to sell within the meaning of Article 1114 of the Civil Code. The Gallery undertakes to keep information regarding the availability of the works up to date.

Limited-edition works (photographs, prints, limited-edition sculptures) are subject to certified numbering. The total print run is specified on each artwork description. Once the print run is complete, the edition is definitively closed.

Article 3 — Prices and collection terms

All prices displayed on the website or directly in the gallery are quoted in euros inclusive of VAT and apply to collection of the artwork directly from the gallery. Delivery charges and other additional costs (i) are specified upon confirmation of the shopping basket for online orders and (ii) are the subject of a separate quotation for any purchase made in the gallery or remotely. If customs duties, local taxes or import duties are payable, these charges are the responsibility of the buyer and fall entirely under their responsibility, both in terms of declarations and payments to the relevant authorities and/or bodies. It is the buyer’s responsibility to seek information from the relevant authorities.

The prices displayed may be revised at any time and without notice. The applicable price is that in force on the day the order is placed, or the sales contract is signed, or the gallery issues written confirmation of the reservation.

For certain works, payment by instalments may be considered upon request and subject to the Gallery’s written agreement. In such cases, the work remains the property of the artist or the Gallery until the agreed price has been paid in full.

Article 4 — Purchase Process

4.1 In the Gallery

A purchase made in the Gallery is finalised by the signing of a sales contract and payment of the agreed price. The artwork may be collected immediately or held in storage at the Gallery for a period agreed between the parties and specified on the sales receipt, pending its dispatch or installation at the buyer’s premises. The contract of sale is formed on the date of signature of the sales receipt and receipt of the deposit or full payment, in accordance with the agreed terms.

4.2 Remote purchases

Any purchase enquiry made by email is processed by the Gallery’s team as soon as possible. The Gallery sends the buyer, by email, an offer including a description of the artwork, its price, estimated transport costs and these Terms and Conditions. The buyer has a period of 5 working days to accept the offer by return email. The order is confirmed upon receipt by the Gallery of the buyer’s written acceptance and payment of the deposit

4.3 Online

The ordering process on the website is as follows:

The buyer selects the desired items and adds them to their basket by clicking on ‘Add to basket’.
They access their basket and click on ‘Confirm order’.
They enter their delivery and billing details. They choose their payment method (credit card or bank transfer).
Throughout the process, and up until final confirmation, the buyer may return to previous steps to amend their order.
Before confirmation, the Buyer reads these Terms and Conditions (accessible via a hyperlink) and expressly accepts them. They then click on the “Place Order with Obligation to Pay” button.
Once payment has been received and the availability of the artwork verified, the order is considered final.
The Buyer receives an order confirmation email, stating that their order has been accepted by the Gallery.

The conclusion of the contract of sale between the Buyer and the Gallery is subject to the conditions (i) that the artwork is available and (ii) that payment has been received by the Gallery. If the Work is unavailable after the order has been placed, the Buyer will be informed as soon as possible and will be refunded in full within 14 days.

4.4 Reservation and deposit

The reservation of a work is only effective upon written confirmation from the Gallery and receipt of a deposit of 30% of the work’s price. The balance is due prior to dispatch or collection of the work. The purchase is definitively concluded upon receipt of full payment and the Buyer’s signature on the sales receipt provided by the Gallery.

The deposit paid will be retained by the Gallery if the buyer withdraws without valid reason or fails to make payment within 30 days of confirmation.

If the sale cannot be completed for reasons attributable to the Gallery, the deposit will be refunded in full to the buyer.

Article 5 — Dispatch and transport

5.1 Principle: transport based on a quote or by your own means

The transport of works of art requires expertise and special care. For this reason, Galerie Loo&Lou does not offer a standardised transport rate: each dispatch is subject to an individualised quote, drawn up after confirmation of the purchase by the buyer. The transport quote is sent to the buyer within 5 working days of confirmation of the purchase. Dispatch is arranged following the buyer’s written acceptance of the quote and payment of the corresponding costs.

The buyer may also choose to use a carrier of their own choosing. In this case, the Gallery shall not be held liable for the delivery of the artwork and this Article 5 shall not apply.

5.2 Our quality standards

The Gallery works exclusively with carriers and packing specialists who are experts in the transport of works of art. Each work is packed with the care and materials appropriate to its nature (bespoke crates, acid-free packaging, protective foam, humidity control for sensitive works).

For large-scale works or sculptures, a specialist art carrier will always be engaged. The Gallery cannot accept that the fragility of a work should be compromised by attempts to save on transport costs.

5.3 Components of the quotation

The transport quotation takes the following parameters into account:

— Nature, dimensions and weight of the artwork

— Type of packaging required (wooden crate, climate-controlled crate, roll, reinforced tube, etc.)

— Destination and accessibility of the delivery location

— Desired delivery time (standard or express)

— Transport insurance taken out (see clause 5.5)

— Any customs formalities (outside the EU)

5.4. International Delivery

For all shipments outside France, export and import formalities are handled by the Gallery in consultation with the buyer. Customs duties, import taxes, clearance fees and other charges applicable in the country of destination are the sole responsibility of the buyer and are not included in the transport quote. The Gallery undertakes to deliver the artwork as soon as possible, subject to payment of customs charges by the buyer. In the event of non-payment of customs duties by the buyer, the Gallery cannot be held liable for non-delivery of the product or any delay in delivery. These charges are the responsibility of the buyer and may under no circumstances be considered grounds for a claim or for returning the product.

Some countries impose restrictions on the import of works of art or require specific permits. It is the buyer’s responsibility to familiarise themselves with the regulations in force in their country of residence. Galerie Loo&Lou cannot be held liable for any delay, seizure or rejection attributable to local customs authorities.

5.5. Transport insurance and transfer of risk

Any artwork dispatched by Galerie Loo&Lou is insured for its purchase value, from the point of packing until delivery to the recipient. The cost of insurance is included in the transport quote. In the event of damage noted on receipt, the buyer must make specific reservations on the delivery note and contact the Gallery within 24 hours by email at contact@looandlougallery.com, providing supporting photographs. Any damage reported after this deadline will not be covered.

All risk of loss or damage to the goods passes to the buyer at the moment the buyer or a third party designated by the buyer takes physical possession of the goods. If the buyer entrusts the artwork to a carrier other than that proposed by the Gallery, the risk of loss or damage to the artwork passes to the buyer upon handover of the goods to the carrier.

5.6 Delivery Times

Delivery of the items ordered will take place within the timeframes communicated by the Gallery and, in the absence of any indication, in any event no later than 30 days from the date of signing the quotation, subject to full payment of the price. Any delivery times communicated by the Gallery are provided for information purposes only. Furthermore, the Gallery is not liable for delays beyond its control. If delivery of the items is delayed by an event beyond the Gallery’s control, you will be contacted as soon as possible to inform you, and the Gallery will take steps to minimise the impact of the delay.

5.7 Collection from the Gallery

The buyer may choose to collect their artwork directly from the Loo&Lou Gallery by appointment. Collection is possible during the Gallery’s opening hours, upon presentation of the sales receipt and proof of identity. The Gallery offers, upon request, a packing assistance service for collections from the Gallery.

Article 6 — Payment

The purchase price is collected by the Gallery on behalf of the artist.

In-gallery: Payments are made by bank transfer, cheque or credit card for in-gallery transactions.
Online: Accepted payment methods are credit card (Visa, Mastercard, American Express) and bank transfer. Credit card payments are processed by a PCI-DSS certified secure service provider via SSL protocol. The Gallery does not retain any bank details.
For remote purchases, bank transfer is the preferred method of payment for amounts exceeding €5,000. Bank details are provided on the sales contract. The transfer must be made before the artwork is dispatched, within 5 working days of the order date.

In accordance with anti-money laundering regulations, all cash payments are limited to €1,000 for French residents and €10,000 for non-residents. The Gallery reserves the right to request any supporting documentation necessary to verify the source of funds for transactions involving significant amounts.

Article 7 — Transfer of ownership and resale right

The transfer of ownership of the artwork takes effect on the date of full payment of the agreed price. Until that time, the artwork remains the property of Galerie Loo&Lou, even if it has been physically handed over to the buyer.

Resale right: in accordance with European Directive 2001/84/EC and French law, living artists or their beneficiaries are entitled to a resale right upon any resale of an original work by a professional in the art market. This right, calculated on the resale price, is payable by the seller at the time of the subsequent sale of the work. Galerie Loo&Lou undertakes to inform its collectors of this legal obligation.

Article 8 — Right of withdrawal

This article applies exclusively to consumers who have entered into an online sale or a distance sale with the Gallery. It does not apply: (i) to sales in the gallery, (ii) to professional buyers, nor (iii) to works made to order or personalised.

In accordance with Articles L.221-18 et seq. of the French Consumer Code, private buyers have a period of 14 calendar days from receipt of the artwork to exercise their right of withdrawal, without having to provide a reason.

To exercise this right, the buyer must notify their decision unequivocally by email to contact@loolougalerie.com before the expiry of the period. The artwork must be returned in its original packaging, in perfect condition, accompanied by its certificate of authenticity, via a specialist carrier approved by the Gallery. Return costs are the responsibility of the buyer. The buyer is liable for any damage to the artwork during return transport. The refund will be issued within 14 days of receipt of the notice of withdrawal.

Article 9 — Guarantees

Loo&Lou Gallery guarantees the authenticity of every work sold and undertakes, in the event of a valid dispute, to exchange the work or refund the full purchase price, provided the certificate of authenticity and the work are returned. This guarantee is strictly personal to the purchaser and is not transferable to beneficiaries or subsequent purchasers.

 

For non-professional buyers – Statutory guarantee of conformity

The Gallery guarantees that the artwork complies with the description provided online or in any medium (catalogue, online product sheet, gallery label, certificate).

The Gallery may inform the buyer that the artwork has certain defects (minor restorations, accidents, repainting, etc.). If the buyer expressly accepts these defects, they may not rely on them under the guarantee of conformity.

The consumer has a period of two (2) years from the delivery of the item to invoke the statutory guarantee of conformity should a lack of conformity arise. They may choose between repair or replacement of the artwork, or, if these solutions prove impossible or disproportionate, obtain a price reduction or the termination of the contract, under the conditions set out in Articles L. 217-8 et seq. of the Consumer Code.

For second-hand goods, the period of the legal guarantee of conformity is reduced to 1 year.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable under the warranty for hidden defects in the work sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have purchased it, or would have paid only a lower price for it, had they been aware of them. In the event of a duly established hidden defect, the buyer may choose between the return of the artwork against a refund of the price or the retention of the artwork against a partial refund of the price, within a period of two (2) years from the discovery of the defect.

Article 10 — Personal Data

Galerie Loo&Lou collects and processes the personal data of its customers and members of the Cercle in strict compliance with the General Data Protection Regulation (GDPR — EU Regulation 2016/679) and the French Data Protection Act.

The data collected is used exclusively for processing purchases, managing relations with collectors and, with your explicit consent, sending information about the Gallery’s programme. It is never disclosed to third parties for commercial purposes.

In accordance with the GDPR, you have the right to access, rectify, erase, data portability and object. To exercise these rights: contact@looandlougallery.com.

For further information, please refer to the Privacy Policy available on our website.

Article 11 — Intellectual Property

The purchase of a work transfers ownership of the physical object to the buyer, but not the rights to reproduce, adapt or exploit the work. These rights remain the exclusive property of the artist, in accordance with the Intellectual Property Code.

Any reproduction, even partial, of the work for commercial purposes is subject to the prior written authorisation of the artist or their successor in title. Galerie Loo&Lou may assist with this process upon request.

All content on the Gallery’s website (text, images, artwork descriptions, artist biographies) is protected by copyright. Any reproduction without authorisation is strictly prohibited.

Article 12 — Liability

Galerie Loo&Lou shall not be held liable in the event of force majeure, failure on the part of the carrier, network disruptions, or any event beyond its control affecting the proper execution of a transaction.

The Gallery accepts no liability for the preservation of the artwork after it has been handed over to the buyer. It is the buyer’s responsibility to ensure that the storage conditions (light, humidity, temperature) are suitable for the nature of the artwork purchased. Upon request, the Gallery may provide specific preservation recommendations for each artwork.

The limitations and exclusions of liability set out in this article do not apply: (i) in the event of personal injury; (ii) in the event of fraud or gross negligence; (iii) in cases where the Gallery’s liability cannot be limited or excluded under applicable law.

Article 13 — Complaints and amicable settlement

Any complaint must be addressed in writing to contact@looandlougallery.com.Afin. To enable the Gallery to handle the complaint under the best possible conditions, the buyer is invited to submit their complaint as soon as possible after the grounds for the complaint have been identified, and to attach any relevant supporting documents (photographs, description of the defect found, sales receipt, etc.).

In the event of a dispute, the parties undertake to seek an amicable solution before resorting to legal proceedings.

Pursuant to Article L. 612-1 of the French Consumer Code, “Any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a trader.” Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely contractual disputes concerning the performance of a contract for the sale of goods or the provision of services, between a consumer and a trader. The text covers both domestic and cross-border disputes. Within one year of submitting your request to our services, in accordance with Article R. 616-1 of the Consumer Code, you may have your request examined by a mediator whose contact details are provided below, bearing in mind that, barring exceptions, a dispute may only be examined by a single mediator:

[Mediator’s details]

[Mediator’s website URL]

For business customers, any dispute not resolved amicably will be referred to the competent courts.

Article 14 — Governing law and jurisdiction

These T&Cs are governed by French law. In the absence of an agreement reached in accordance with the provisions of Article 15, the dispute shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal, unless otherwise required by mandatory legal provisions.

For consumers residing in the European Union, the European Commission provides an online dispute resolution platform, accessible at: https://ec.europa.eu/consumers/odr.

Galerie Loo&Lou

contact@loolougalerie.com · www.looandlougallery.com