contact@wix.com
+123-456-789
© 2035 by The Clinic.Powered and secured by Wix
SHOP POLICY
Privé Sinclair SAS
Online Commerce - Online Art Gallery
Website Publisher: Privé Sinclair
Publication Manager: Privé Sinclair
Status: Change of legal structure in progress
Contact: via the website contact form
Website Hosting: Shopify - 151 O'Connor St, Ottawa ON K2P 2L8
Last update date: 20/01/2026
Article 1 – Subject
These terms govern sales to art lovers (hereinafter "Users") by the company Privé Sinclair on the website www.privesinclair.com (hereinafter the "Site"):
• of original works of art, art and design objects, unique or in limited editions (hereinafter: "Consignment Works"), acquired directly from the artists who created them (hereinafter: the "Artists") or their rights holders (hereinafter: the "Rights Holders").
• of original works of art, art and design objects, unique or in limited editions, acquired directly from Privé Sinclair SAS (hereinafter "Works belonging to Privé Sinclair").
Consignment Works and Works belonging to Privé Sinclair constitute all the products (hereinafter the "Products") marketed on the Site.
These general terms and conditions aim to define the terms and conditions of the online sales offered on the Site and to define the rights and obligations of the parties in this context. They also govern the services offered to Users independently of online sales (hereinafter: the "Services").
They are accessible and printable at any time via a direct link at the bottom of the Site page.
They may be supplemented, where applicable, by specific conditions of use for certain Services, which supplement these general terms and conditions and, in the event of a contradiction, prevail over the latter.
2. Operator of the Site – contact
• To any natural person at least 18 years old and having full legal capacity to commit under these general terms and conditions. A natural person who does not have full legal capacity may only access the Site and Services with the agreement of their legal representative.
• To any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
4. Acceptance of general terms and conditions
Acceptance of these general terms and conditions is evidenced by a checkbox in the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A User who does not accept to be bound by these general terms and conditions must not access the Site or use the Services.
5. Registration on the Site
5.1 User registration requires filling out the form provided for this purpose on the Site. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the User's name (hereinafter: the "Account"), giving them access to a personal space that allows them to place orders and manage their use of the Services on the Site (hereinafter: the "Personal Space").
Privé Sinclair may also ask the User to provide any document or additional information necessary for the implementation of sales and/or Services.
The User agrees to provide these documents and information as soon as possible.
5.2 The User guarantees that all information they provide to Privé Sinclair is accurate, up-to-date, sincere, and not misleading.
The User agrees to update this information in their Personal Space in the event of changes, so that it always corresponds to the aforementioned criteria.
The User is informed and accepts that the information entered for the purposes of creating or updating their Account serves as proof of their identity. The information entered by the User is binding upon validation.
The User can access their Personal Space at any time after identifying themselves using their login ID and password. The User is solely responsible for maintaining the confidentiality of their ID and password; any access to the Site using these is deemed to have been made by the User. They must immediately contact Privé Sinclair at the contact details mentioned in Article 2 herein if they notice that their Account has been used without their knowledge. They acknowledge Privé Sinclair's right to take all appropriate measures in such cases.
6. Implementation of online sales
The Site allows:
• Connecting Artists (or their rights holders) and Users for the purpose of direct sale of their works by the former to the latter, according to the terms described below.
• Marketing Works belonging to Privé Sinclair to Users.
This connection, as well as the Services described in Article 8, are provided in a form and according to the functionalities and technical means that Privé Sinclair deems most appropriate.
6.1 Identification of Sellers and Product characteristics
(i) Consignment Works
Consignment Works are offered for sale by the Artists or their rights holders, identified on the Site, with Privé Sinclair acting only as an intermediary between Artists and Users and assisting them in the context of any necessary communications between them.
(ii) Works belonging to Privé Sinclair
Works belonging to Privé Sinclair are offered for sale directly by Privé Sinclair.
Before any online order and in application notably of the provisions of Article L111-1 of the Consumer Code, the User may find out, on the Site, the characteristics
of each Consignment Work or Work belonging to Privé Sinclair they wish to order.
The reproductions and descriptions of the Consignment Works or Works belonging to Privé Sinclair offered for online sale are as accurate as possible. They only bind the Artists for what is precisely indicated.
6.2 Ordering a Product by the User
To place an order, the User must select the Products of their choice and place them in their basket. They may select Products from different Artists in the same order.
The User can access a summary of their basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered. In this summary, the User is informed of any delivery costs related to the order, based on the delivery address. They can then validate the order.
The User immediately receives an order confirmation email which constitutes the final validation of the order and:
(i) summarizes the elements of the order,
(ii) includes the general terms and conditions applicable to the order.
The User must ensure that the contact details provided during the order or the update of their Account are correct and that they allow them to receive the acknowledgment of receipt, cancellation, and/or confirmation emails for the order.
Privé Sinclair recommends that the User keep the information contained in the order confirmation. The order and its confirmation are considered received when the parties to whom they are addressed can access them.
6.3 Price and payment methods of the Products by the User
6.3.1 Selling price
The selling prices of the Products are displayed on the Site. They are indicated in euros, all taxes included. The applicable prices are those displayed on the Site at the time of the order.
Privé Sinclair reserves the right to modify its prices at any time, but the product will be invoiced based on the rate in effect at the time the order is validated.
The selling prices of the Products do not include any applicable delivery costs and insurance costs in case of damage or loss during transport, which are invoiced in addition to the price of the Products purchased. The amount of these costs will be indicated before the order is validated by the User.
Warning: for any delivery outside the European Union, customs duties or local taxes may be due and may be invoiced to the User by the carrier upon receipt of the package, in addition to the price paid on the Site.
These duties and taxes, the exact amount of which Privé Sinclair cannot determine in advance and therefore cannot inform the User of prior to the order, remain the responsibility of the User, who is solely responsible for the proper completion of any related declarations and/or formalities.
6.3.2 Payment methods
Unless otherwise stated on the Site, the full price of the Products is due upon ordering. Payment of the price can be made online:
• through the secure online payment service PayPal offered by Privé Sinclair on its site,
• or by any other means that will be proposed on the Site at the time of the order.
The User guarantees that they have the necessary authorizations to use the chosen payment method.
Privé Sinclair reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site. Penalties of an amount equal to one and a half (1.5) times the French legal interest rate are applicable by right to unpaid amounts upon notification of the bank payment rejection.
Our products are offered as long as they are visible on the site and within the limit of available stocks. In the event of product unavailability after placing your order, we will inform you by email or telephone. If this unavailability is temporary, you will be informed of the production times and you will have the possibility to cancel or exchange your order. In case of cancellation or permanent unavailability of the product, your order will be refunded to the payment method used during the validation of the order.
6.3.3 Retention of title
Each Artist or artist's rights holder retains full and complete ownership of the Consignment Works sold until the full payment of their price has been received by Privé Sinclair.
Privé Sinclair retains full and complete ownership of the Works belonging to Privé Sinclair sold until the full payment of their price has been received by Privé Sinclair.
6.4 Delivery of Products
Deliveries of Products are made to the address indicated during the User's order as the "delivery address" (which may be different from the billing address) and within a maximum standard period of ten (10) business days for a delivery in Paris or the Paris region, or within the period indicated on the validation page of the delivery method for a delivery in mainland France or internationally. Delivery costs are also indicated on this page.
For these deadlines to be met, the Client must ensure they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
In the event of an order for a temporarily unavailable product, the deadlines will be extended by the production time which will be communicated to you.
Failing delivery within the scheduled period, and as long as the Delivery of the Product is not effective, the User may cancel the order by registered letter with acknowledgment of receipt or by writing on another durable medium addressed to Privé Sinclair. The contract is considered terminated upon receipt by Privé Sinclair of the letter or writing informing it of this termination. Privé Sinclair cannot be held responsible for delivery delays due exclusively to the client's unavailability after several appointment proposals.
In the event of termination of the contract according to the terms above, the User will be refunded all sums paid, including delivery costs, no later than fourteen (14) days following the date on which the contract was denounced.
Privé Sinclair reserves the right, in any event, to contact the User to offer alternative solutions for refunding the price of the Products and delivery costs. The User must explicitly express their acceptance of the choice of an alternative refund method on a durable medium.
6.5 Right of withdrawal
The User has a period of 15 (fifteen) calendar days from the date of receipt of the ordered Products to withdraw without having to justify reasons or pay penalties. Return costs are the responsibility of Privé Sinclair.
The User wishing to exercise their right of withdrawal must send to Privé Sinclair, at the contact details mentioned in Article 2 herein, before the expiration of the above period, the withdrawal form attached to these general terms and conditions duly completed, or a statement clearly expressing their desire to withdraw and including the identification of the Product concerned.
The product must imperatively be returned directly to Privé Sinclair, in its original packaging, without excessive delay and no later than 15 (fifteen) calendar days following the communication by the User of their desire to withdraw. It must be accompanied by a copy of the corresponding purchase invoice. The User is deemed responsible in the event of deterioration of the product during its return to Privé Sinclair.
The User will be refunded as soon as possible for all sums paid for their order. Privé Sinclair reserves the right, however, to defer this refund until the actual recovery of the product.
When the User's order relates to products from several Artists, each purchase of a given product constituting a separate sales contract, the right of withdrawal is exercised according to the same terms as above, product by product.
The right of withdrawal is not applicable to products made to the user's specifications or clearly personalized.
6.6 Legal guarantees
It is reminded that when acting under the legal guarantee of conformity, every user:
• has a period of two years from the delivery of the goods to act;
• can choose between repair or replacement of the product, subject to the cost conditions provided for by Article L217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the product before the sale during the twenty-four months following its delivery, except in the case of a second-hand product where the defect is observed more than six months after its delivery.
It is also reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Every consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between the termination of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.
6.7 Disputes
Any user has the possibility to report by sending an email to Privé Sinclair at contact@privesinclair.com, within 15 calendar days from receipt of the product, any claim concerning a damaged product (damaged or broken).
Depending on the case, the declared dispute will lead to either the restoration or replacement of the product as far as possible, or the return of the product and the full refund of the user.
If the restoration or replacement of the product is impossible, the User will be refunded the full price paid for this product as well as the corresponding delivery costs, by any useful means. This refund will occur as soon as possible and no later than 15 (fifteen) calendar days following the date on which Privé Sinclair informed the user of the impossibility of restoring or replacing the product, and subject to the return of the product.
The Client can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, particularly in the case of cross-border disputes.
7. Services for the benefit of Users
Independently of the possibility of purchasing Products according to the terms described above, Users can subscribe to the Privé Sinclair newsletter.
Privé Sinclair reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate.
8. Obligations of Users
Without prejudice to the other obligations provided for herein, Users agree to respect the following obligations.
8.1 The User, if they are a professional, is solely responsible for implementing the resale right (droit de suite) if they decide to proceed with the subsequent resale of the product.
8.2 The User is solely responsible for the accuracy, completeness, and updating of the information they provide to Privé Sinclair for the purposes of implementing the Services, in particular their contact details.
8.3 The User agrees to make strictly personal use of the Site and Services. They consequently forbid themselves from assigning, granting, or transferring all or part of their rights or obligations under these terms to a third party, in any way whatsoever.
8.4 The User must take the necessary measures to back up by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
9. Prohibited behaviors
9.1 It is strictly forbidden for Users to copy and/or hijack for their own purposes or those of third parties the concept, technologies, or any other element of the Privé Sinclair Site.
9.2 The following are also strictly prohibited:
(i) any behavior of a nature to interrupt, suspend, slow down, or prevent the continuity of the Services
(ii) any intrusions or attempted intrusions into Privé Sinclair's systems
(iii) any misappropriation of the Site's system resources
(iv) any actions of a nature to impose a disproportionate load on the latter's infrastructure
(v) any breaches of security and authentication measures
(vi) any acts of a nature to harm the financial, commercial, or moral rights and interests of Privé Sinclair or the users of its Site, and finally more generally
(vii) any breach of these general terms and conditions.
9.3 It is strictly forbidden to monetize, sell, or grant all or part of the access to the Services or the Site, as well as the information hosted and/or shared there.
10. Sanctions for breaches
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a violation of the laws and regulations in force by a User, Privé Sinclair reserves the right to take any appropriate measure and in particular to:
(i) suspend access to the Site and Services of the User, author of the breach or violation, or having participated in it,
(ii) delete their Account,
(iv) publish on the Site any information message that Privé Sinclair deems useful,
(v) warn any concerned authority,
(vi) initiate any legal action.
11. Liability and guarantee of Privé Sinclair
11.1 Privé Sinclair agrees to provide the Services with diligence and according to professional standards, it being specified that it is bound by an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
Furthermore, Privé Sinclair cannot be held responsible for damages resulting from misuse of the purchased product.
Finally, Privé Sinclair's liability cannot be engaged for all inconveniences or damages inherent to the use of the Internet network, in particular a service break, an external intrusion, or the presence of computer viruses.
11.2 Liability and guarantee specifically relating to Consignment Works
Privé Sinclair acts as an intermediary in that it makes available to Artists (or their rights holders) and Users tools and technical means allowing them to enter into a relationship for the purpose of buying and/or selling Works through the Site. Its responsibility is limited to providing these means, as described herein, and connecting the Artists (or their rights holders) and the Users.
Privé Sinclair acts in its own name and does not perform any legal act in the name and on behalf of the Artists (or their rights holders) and the Users, who contract directly between themselves.
Privé Sinclair is not a party to the contracts concluded between the Artists (or their rights holders) and the Users and cannot under any circumstances see its liability engaged for difficulties that may occur during the conclusion or execution of these contracts, nor be a party to any potential disputes whatsoever between an Artist (or their rights holders) and a User concerning in particular the guarantees, declarations, and any other obligations to which the Artist (or their rights holders) or the User would be held.
However, in a concern for constant improvement of the quality of the Services, Privé Sinclair invites Users to share any comments and information they may wish to bring to its attention regarding the quality of transactions carried out through the Services.
11.3 Liability and guarantee specifically relating to Works belonging to Privé Sinclair.
Privé Sinclair is the seller of the Works belonging to Privé Sinclair marketed on the Site.
As such, it is fully responsible for the transaction with the User.
11.4 Privé Sinclair agrees to regularly perform checks to verify the functioning and accessibility of the Site. As such, Privé Sinclair reserves the right to momentarily interrupt access to the Site for maintenance reasons. Similarly, Privé Sinclair cannot be held responsible for momentary difficulties or impossibilities of access to the Site that originate from circumstances external to it, force majeure, or that are due to telecommunications network disturbances.
11.5 In any event, the liability that may be incurred by Privé Sinclair under these terms is expressly limited to only the proven direct damages suffered by the User.
12. Intellectual Property
The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) operated by Privé Sinclair within the Site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copies, and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of Privé Sinclair, or the Artists (or their rights holders) as the case may be, are strictly prohibited and may be subject to legal prosecution.
13. Advertising
Privé Sinclair reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Privé Sinclair will be the sole judge.
14. Links and third-party sites
Privé Sinclair cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) which the User may access through the Site.
Privé Sinclair assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites and mobile applications, which are reminded to be governed by their own terms of use.
Privé Sinclair is also not responsible for transactions between the User and any advertiser, professional, or merchant (including its potential partners) to which the User may be directed via the Site and cannot under any circumstances be a party to any potential disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are held.
15. Duration of Services, unsubscription
15.1 Services are subscribed for an indefinite period.
15.2 The User can unsubscribe from the Site at any time by sending a request to this effect to Privé Sinclair by email, at the contact details mentioned in Article 2.
This unsubscription is effective within a maximum period of 7 (seven) days from the request.
It results in the automatic deletion of the User's Account.
15.3 When the User's unsubscription is due to their refusal to accept the modification of these general terms and conditions as provided for in Article 19, the general terms and conditions previously accepted by the User will remain applicable until the effective date of their unsubscription.
15.4 Privé Sinclair can terminate the User's access to the Services, without having to justify a reason, by registered letter with acknowledgment of receipt, subject to one week's notice.
16. Personal data
Information and data concerning the User are processed by Privé Sinclair. Unless otherwise stated, they are essential for managing their account and access to the Services. This information and data are also kept for security purposes, to comply with the legal and regulatory obligations incumbent, as the case may be, on Privé Sinclair, and to allow it to improve and personalize the services offered and the information sent to the user.
In accordance with the law n° 78-17 known as "Information Technology and Liberties" of January 6, 1978, the user has a right of access to the data, as well as a right of modification and deletion of these, under the conditions provided for by law.
17. Modifications
Privé Sinclair reserves the right to modify these general terms and conditions at any time.
Users will be informed of these modifications by any useful means or, in any case, through access to the modified general terms of sale during any order placement following the entry into force of these modifications.
A User who does not accept the modified general terms and conditions must unsubscribe from the Site according to the terms provided for in Article 18 and not place an order.
Any User who places an order or uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
18. Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
19. Mediation
The User has the right to resort free of charge to a consumer mediator for the amicable resolution of any dispute relating to the execution of these terms that may oppose them to Privé Sinclair, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
20. Governing Law and Jurisdiction
These general terms and conditions are governed by French law.
In the event of a dispute over the validity, interpretation, and/or execution of these general terms and conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless mandatory rules of procedure state otherwise.