Article 1 – Purpose
The present conditions govern the sales by Sarl POP MY DUKE, owner of the art gallery POP YOUR MIND with a capital of 1 000 € registered under the number B232976, represented by POP YOUR MIND, whose administrative headquarters is located 25A Boulevard Royal L-2449 Luxembourg (LU), of original works of art and serigraphs by contemporary artists marketed through its website.
Article 2 – The products
The characteristics of the products offered for sale are presented in the « Store » section of our site. Photographs are not contractual. The art gallery POP YOUR MIND cannot be held responsible for any errors. In any case, in case of non-conformity of the product delivered in relation to its description on the Site, the Customer may either exercise his right of withdrawal or implement the guarantee of conformity of Galerie POP YOUR MIND which will proceed, if necessary, either to exchange or refund the price (in whole or in part) possibly charged.
Article 3 – Prices and taxes
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In case of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not come under the jurisdiction of LA GALERIE POP YOUR MIND. They will be at your expense and are your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations of your country. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in euros.
Galerie POP YOUR MIND reserves the right to modify its prices at any time, but the product will be invoiced based on the price list in force at the time of the validation of the order and subject to availability.
Article 4 – Orders
Galerie POP YOUR MIND reserves the right not to register a payment, and not to confirm an order for any reason, especially in case of supply problems, or in case of difficulty regarding the order received.
Article 5 – Validation of your order
Any order appearing on the website www.orlinda.gallery implies the adhesion to the present General Conditions. Any order confirmation implies your full and entire adhesion to the present General Terms and Conditions of Sale, without exception or reserve.
All the data provided and the recorded confirmation will be worth proof of the transaction.
You declare to have perfect knowledge of them.
The confirmation of order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order will be communicated to you by an e-mail of confirmation of your order to the address that you will have indicated.
Article 6 – Payment
The fact of validating your order implies for you the obligation to pay the price indicated.
The payment of your purchases is made through the secure payment services provided by Paypal and Stripe or Apple Pay for credit card payments. You can pay for your order using either your PayPal account or your credit card. Credit Cards accepted: Visa, MasterCard, and American Express.
Article 7 – Withdrawal, return and refund
The Buyer has a period of 14 days as from the reception of the Product(s) ordered to exercise, with LA GALERIE POP YOUR MIND, his right of retraction, without having to justify his reasons or to pay any penalty.
The Purchaser exercises his right of retraction directly with LA GALERIE POP YOUR MIND by sending an e-mail to the address email@example.com. The Buyer will manage the return of the work and will pay the return costs within a maximum period of 14 days after receipt of the products.
Refunds from the art gallery POP YOUR MIND to the Buyer are made once the gallery has received the work.
The work must be returned in perfect condition in its original packaging (or equivalent). In case of return of a damaged product, a full refund will not be possible.
Article 8- Availability
Our products are offered within the limits of available stocks. In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically cancelled and refunded.
Article 9- shipping or click and collect
9_1 The Purchaser has the possibility of having the Work delivered to his/her home by notifying him/her at the time of placing his/her order. The work is delivered to the address provided by the Purchaser at the time of his order. In this case, the art gallery POP YOUR MIND, subject to the Purchaser having validated the availability of the Work, will pack the Work and make it available to a carrier. The transport costs will be accepted by the Purchaser at the time of the validation of his shopping cart.
Depending on the Purchaser’s delivery address, different tax rules and other charges may apply. If the Buyer has products shipped from the art gallery POP YOUR MIND, he may be required to pay import duties upon receipt of his products. The Gallery cannot know the amount of the taxes. The Buyer will be responsible for the payment of these taxes and customs duties not included directly to the carrier who will deliver the works.
The Buyer may contact his local customs office for more information before placing his order.
The art gallery POP YOUR MIND undertakes to make the ordered Work available to the carrier within the time period indicated on the Work’s form as from the date of confirmation of availability of the ordered Product; The art gallery POP YOUR MIND makes a firm commitment to make the Products available to a carrier within the time period. The Products are delivered to the address indicated by the Purchaser when placing the order and should be delivered within 20 working days after confirmation of the availability of the Product at the carrier by the Seller, the delivery time may vary according to the chosen carrier. It is the sole responsibility of the Buyer to ensure that the information that he communicates to Galerie POP YOUR MIND for this purpose is and remains correct and that it will allow him to receive the Products that he buys on the Site.
Galerie POP YOUR MIND undertakes to transmit to the Purchaser the name of the carrier that has taken charge of the transport of the Product to the Purchaser, as well as the number of the package, in order to allow the Purchaser to follow the status of his/her order on the carrier’s website, provided that the carrier offers a tracking service.
In this context, the Products travel at the risk of the Gallery which ensures the transport.
Upon receipt of the Products, the Buyer shall immediately ensure the integrity of the packaging and the integrity of the Product. In case of doubt, he shall either refuse the package or specify on the delivery note any problems found. Without any remark from the buyer to the carrier, Galerie Orlinda will not be able to commit itself to reimburse a destroyed or damaged product. In case of total or partial destruction of the product the buyer agrees to take photos and to keep the destroyed packaging and the destroyed product while waiting for instructions from Galerie POP YOUR MIND.
9.2 Click and collect at Gallery POP YOUR MIND
The Purchaser may also collect the products ordered on the Site directly from the point of sale of Galerie Orlinda in Mulhouse 33 rue des 3 rois. After validation of the order and after full receipt of payment, Galerie Orlinda will contact the Buyer by email to set up an appointment to allow the Buyer to withdraw his product.
The Buyer indicates for each Work the delivery method (shipping or withdrawal from the Seller) that he chooses during the validation process of his order on the Site. In the case of a withdrawal at the gallery, the Buyer will select the option withdrawal at the point of sale.
In the case of a withdrawal from the gallery, the Buyer will not be required to pay the shipping costs.
The Orlinda Gallery will deliver the artwork as well as the invoice and the certificate of authenticity to the Buyer after verifying the identity of the Buyer.
Article 10 – Customer Service
For any information or question
– By postal mail: Galerie POP YOUR MIND, 33 rue des Trois Rois – 68100 MULHOUSE- FRANCE
– By email: firstname.lastname@example.org
By phone: +33 (0) 9 50 89 59 93 from Monday to Saturday from 10 am to 7 pm
Article 11 – Applicable law in case of disputes
Any order automatically implies the customer’s acceptance of the general terms and conditions of sale. The present conditions of sale are subject to French law. In case of dispute, the French courts will have sole jurisdiction.
Article 12 – Intellectual property
All the elements of the site www.orlinda.gallery are and remain the intellectual and exclusive property of the art gallery POP YOUR MIND. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any single link or hypertext link is strictly forbidden without the express written consent of Galerie POP YOUR MIND.
Article 13 – Responsibility
The art gallery POP YOUR MIND cannot be held responsible for any inconveniences or damages inherent to the use of the Internet network, including but not limited to a break in service, an external intrusion or the presence of computer viruses.
Article 14 – Personal data
The art gallery POP YOUR MIND reserves the right to collect personal information and personal data about you. They are necessary to manage your order, as well as to improve the services and information we send you.
They also allow us to send you loyalty operations and promotions by e-mail that have not been opposed to it, on products similar to those ordered and on other products offered by The art gallery POP YOUR MIND.
They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of payment services, namely Paypal and Stripe.
The categories of data kept by the gallery POP YOUR MIND is the following:
Identity: civility, surname, first name, address, delivery address, telephone number, e-mail address,
Order data: transaction number, purchase details, purchase amount, invoice settlement data (payments, outstanding payments, discounts), product returns.
Data required for loyalty and prospecting actions: purchase history.
Data relating to means of payment: credit card number, expiry date of the credit card, visual cryptogram are not accessible to Galerie POP YOUR MIND and are the sole responsibility of Paypal and Stripe.
The data necessary for the management of orders and billing are kept for the duration of the business relationship and ten (10) years for accounting obligations.
The data necessary for the realization of loyalty actions and prospecting are kept for the entire duration of the commercial relationship and three (3) years from the last purchase.
The data concerning the lists of apposition to receive prospecting are kept for three (3) years.
This information and data is also kept in a file for security purposes in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and object to the nominative information and personal data concerning you by simple request addressed to The art gallery POP YOUR MIND by email at email@example.com .