USER AGREEMENT on the use of materials and services of the Internet site


Public Offer / Terms of Sale
Last updated: [date]
This document constitutes the terms governing the sale of artworks by [Company Name], LLC, a [State] limited liability company (the "Seller," "Gallery," "we"), to any individual or legal entity (the "Buyer," "you") through zvgrgallery.com (the "Website"). By submitting an inquiry and subsequently confirming an order as described below, you agree to be bound by these Terms.
1. Eligibility
By placing an order, you confirm that you are at least 18 years of age and legally capable of entering into a binding contract.
2. Nature of the Artworks
Each artwork offered through the Website is an original, one-of-a-kind work by the artist Éruel, unless otherwise stated. No two pieces are identical; each carries unique surface texture, material variation, and handmade characteristics inherent to its medium.
3. Order Process
The Website does not offer instant self-service checkout. All purchases follow this process:
(a) Inquiry — the Buyer submits an inquiry via the "Make an Inquiry" form or email, specifying the artwork of interest.
(b) Confirmation Exchange — the Gallery responds with detailed photographs, exact dimensions, materials, condition, and full pricing including any applicable shipping estimate. The Buyer reviews this material and confirms in writing (by email) that the artwork, its images, dimensions, and description are satisfactory and that they wish to proceed with the purchase.
(c) Invoice and Payment — upon the Buyer's written confirmation, the Gallery issues a secure Stripe Invoice or Stripe Checkout link for the agreed price. The order is considered final and binding upon receipt of full payment.
(d) Shipment — the artwork is prepared and shipped only after full payment has been received, in accordance with our Delivery & Returns page.
4. Price and Payment
Prices are quoted in US dollars (USD) or euros (EUR) and, unless otherwise stated, do not include shipping, insurance, or import duties and taxes. Payment is processed securely through Stripe. Title to the artwork passes to the Buyer only upon receipt of full payment.
5. Buyer's Confirmation as Basis of Sale
Because each artwork is unique and because the Buyer reviews full photographic documentation, exact measurements, and a written description prior to payment, and expressly confirms in writing that this material is satisfactory before any invoice is issued, the sale is concluded on the basis of the Buyer's informed, specific confirmation of this particular artwork. This confirmation step constitutes the Buyer's request for the Gallery to prepare and ship that specific, unique, non-interchangeable item, consistent with the exemption for goods made or prepared to the consumer's specifications under applicable consumer protection law, including Article 16(c) of EU Directive 2011/83/EU.
6. Order Cancellation Before Payment
The Buyer may withdraw from an inquiry or decline to confirm the order at any point before payment is made, without obligation or cost. Once payment is received following the Buyer's written confirmation as described in Section 3(b), the order is final, subject to Section 7 below.
7. Returns
As each artwork is unique and sold only following the Buyer's documented review and written confirmation, returns are accepted solely in the following cases: (i) the artwork is damaged in transit, or (ii) the artwork received materially differs from the photographs, dimensions, or description confirmed in writing by the Buyer prior to payment. Claims must be submitted within 14 days of receipt, accompanied by photographic evidence of the artwork and its packaging. Returned artworks must be shipped back in their original, undamaged condition.
8. Delivery and Customs
Delivery is arranged following full payment, in accordance with our Delivery & Returns page. For shipments within the European Union, applicable VAT is calculated based on destination country regulations. For shipments to the United States, the Buyer is responsible for any applicable import duties or sales tax assessed upon entry. For all other destinations, the Buyer is responsible for any customs duties, import taxes, or related fees imposed by the destination country.
9. Risk of Loss
Risk of loss or damage to the artwork passes to the Buyer upon delivery to the carrier, except where the Gallery has arranged insured shipping, in which case any claim must be filed with the insurer in accordance with the carrier's procedures.
10. Intellectual Property
Purchase of an artwork transfers ownership of the physical object only. All copyright, reproduction rights, and intellectual property in the artwork remain the exclusive property of the artist, Éruel, unless otherwise agreed in writing.
11. Limitation of Liability
To the maximum extent permitted by applicable law, the Gallery's liability arising from any order shall not exceed the purchase price paid for the relevant artwork. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of [State], USA, without regard to conflict of law principles. Any dispute shall first be addressed through good-faith negotiation between the parties.
13. Contact
For questions regarding these Terms, contact: zvgrgallery@gmail.com
By going to the Site, the User confirms that he accepts the terms of this Agreement, as well as the Site Privacy Policy, which is an integral part of this Agreement and is located on the page at: https://zvgrgallery.com/terms/.