1. PREAMBULE

2. PURPOSE

3.ACCESS TO THE SITE - DELIVERY AREAS

4. CONTRACTUAL DOCUMENTS

5. ORDERING

6. ORDER CONFIRMATION

7. DURATION OF THE OFFER

8. PRICE AND INVOICE

9. PAYMENT TERMS AND CONDITIONS

10. DEFAULT OF PAYMENT - RESERVATION OF TITLE

11. TRANSFERT OF RISKS

12. EXECUTION OF ORDERS

13. DELIVERY

14. WITHDRAWAL OF THE PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER

15. CLAIMS

16. RIGHT OF WITHDRAWAL

17. GUARANTEE

18. PERSONNAL INFORMATION

19. ELECTRONIC SIGNATURE

20. PROOF

21. INTELLECTUAL PROPERTY

22. ENTIRE AGREEMENT

23. NON-WAIVER

24. NULLITY

25. AMENDMENTS

26. LANGUAGES OF THE TERMS AND CONDITIONS

27. MEDIATION PROCEDURE

28. GOVERNING LAW AND JURISDICTION


1. PREAMBLE

The website www.ganeshartindia.com (hereinafter: the "Site") allows art enthusiasts (hereinafter: the "Buyer") to discover and acquire works of art, art objects and handicraft products from India. The general terms and conditions are accessible and may be printed at any time using the link at the top of every page of the Site. The Site is operated by Ganesh Art India, a company registered with the St Romans Trade and Companies Registry under number 495 070 971 00033, whose registered head office is located at 23 rue des Cigales 26110 Nyons France Ganesh Art India can be contacted at the following address, in particular for claims: Postal address: 23 rue des Cigales 26110 Nyons France Telephone: 33 (0)7 84 27 42 78 Email: contact@ganeshartindia.com SIRET : 495 070 971 00033

2. PURPOSE

The purpose of these general conditions is to outline the terms and conditions for online sales offered on the Site and define the rights and obligations of parties involved. Upon confirmation of an order, Buyer are obliged to accept these general terms and conditions. Acceptance must be full and complete. Any membership that is subject to certain conditions is considered null and void. Buyer who do not agree to be bound by these terms and conditions may not access the Site.br />

3. ACCESS TO THE SITE - DELIVERY AREAS

3.1 Legal capacity

The Site and Services are accessible:
- To any natural person aged 18 or older having full legal capacity to agree to the present general terms and conditions. Any natural person who does not have full legal capacity can only access the Site and Services with the consent of their legal representative. - Any legal person acting through the intermediary of a natural person having legal capacity to enter into contracts in the name and on behalf of the legal person.

3.2 Delivery areas

The Works are offered for sale and can be delivered worldwide.

4. CONTRACTUAL DOCUMENTS

This contract is made up, in descending order of legal value, of the following documents:
- These general terms and conditions of sale
- Annex: Withdrawal formbr /> The pictures illustrating the products on the Site do not enter into the contractual field. If errors or alterations resulting from the processing of these pictures are introduced, the responsibility of Ganesh Art India cannot, in any case, be engaged as a result.

5. ORDERING

Any purchase order signed by the click of validation constitutes an irrevocable commitment of the customer which can only be called into question in the cases restrictively provided for in this contract in the articles "Right of withdrawal" and "Execution of the order".br /> The Buyer can access the content of his shopping cart at any time as long as the order is not definitively validated and can correct any errors in the elements entered. He is informed, in this summary, of the possible delivery costs relating to his order, according to his delivery address (outside the EU). He can then validate his order.

6. ORDER CONFIRMATION

The conclusion of the contract will only occur at the time of confirmation of the order by Ganesh Art India. The customer will receive an email acknowledging receipt confirming the order with all the elements of the contract (products ordered, price, estimated delivery time, shipping costs if applicable, etc...).
The Buyer must ensure that the contact details provided when placing an order are correct and that they enable him/her to receive emails acknowledging receipt, cancellation and/or confirmation of the order. If the latter are not received, the Buyer must contact Ganesh Art India at the address mentioned in article 1.

Ganesh Art India reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of products or a problem concerning the order received.

7. DURATION OF THE OFFER

The offers contained in this Site are valid as long as the related products remain online.

8. PRICES AND INVOICE

The sale prices of the Works are displayed on the Site. They are indicated in Euros. All taxes are included. The applicable prices are those displayed on the Site at the time of ordering.
The sale prices of the Works do not include any applicable delivery charges for countries outside EU. The amount of the applicable delivery charges will be indicated before validation of the order by the Buyer. For deliveries made within EU, the transport costs are free of charge, regardless of the amount of the order.
VAT is not invoiced under Article 293B of the CGI.
Ganesh Art India may modify its prices at any time but undertakes that the products will be invoiced on the basis of the rates in force at the time of the order registration subject to availability at that date and its effective payment. An invoice will be issued by Ganesh Art India. The customer will have to specify the address for sending the invoice.
Warning: for deliveries to countries outside the European Union, customs duties or local taxes may be payable and invoiced upon receipt of the package by the Buyer, in addition to the price paid on the Site. Ganesh Art India cannot determine the exact amount of these duties in advance and therefore cannot inform the Buyer prior to ordering; they are the responsibility of the Buyer, who is solely liable for the proper implementation of any declarations and/or formalities relating thereto.

9. PAYMENT TERMS AND CONDITIONS

Unless otherwise indicated on the Site, the entire price is due at the time of the order. Payment can be made online:
- through the secure online payment services Paypal or bank transfer proposed on the Ganesh Art India website.
- or by any other means proposed on the Site at the time of ordering.
The Buyer guarantees that he/she is authorised to use the chosen payment method.

10. DEFAULT OF PAYMENT - RESERVATION OF TITLE

Ganesh Art India reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum due by the Buyer, in the event of a payment issue, or in the event of fraud or attempted fraud relating to the use of the Site. Penalties equal to one and a half times (1.5 times) the French legal interest rate shall automatically be applied to unpaid amounts as soon as the bank payment is rejected.

Control of the transaction

Upon validation of payment by the banking center, the order becomes effective. An order confirmation email will be sent to the Buyer upon confirmation of payment. In the event of a bank refusal, Ganesh Art India will automatically cancel the order in progress and the Buyer will be notified by email.
Ganesh Art India reserves the right to cancel an order in the event of a dispute over payment of a previous order or suspected credit card fraud, or for any other legal reason.
It is up to the Buyer to save and print their payment certificate if they wish to keep their banking and transaction details.
Securing
The ganeshartindia.com site uses the Paypal payment system and any other payment system available on the site in order to most effectively protect all sensitive data related to means of payment. Ganesh Art India does not have access to your bank details.

11. TRANSFERT OF RISKS

The transfer of risks to the customer takes place upon delivery of the products by Ganesh Art India to the transporter. The products travel at the risk of the Buyer. It is the same in the event of shipment or return of products made carriage paid. During the withdrawal period, the Buyer is responsible for this as a guardian. In case of deterioration or destruction of the product during the custody of the Buyer, the latter will suffer all the consequences.

12. EXECUTION OF ORDER

Each order is prepared on demand. Our delivery times will be communicated to you upon confirmation of your order by Ganesh Art India. Delivery will take place within an average of 10 working days following confirmation of the order, subject to the availability of the product ordered and unless specifically agreed between the parties. In case of unavailability of the ordered product, Ganesh Art India undertakes to inform the Purchaser as soon as possible and to offer him a related work. The Buyer will confirm by e-mail he/his choice either to opt for a related work or to be refunded.

13. DELIVERY

As soon as your order is received, it will be processed as soon as possible..
Deliveries of the works are made to the address indicated at the time of the Buyer's order as "delivery address" (which may be different from the invoicing address) and within the time limit indicated in the order confirmation email.
If delivery is not made within the set deadline, the Buyer may cancel the order, by registered letter with acknowledging of receipt or in writing by another means addressed to Ganesh Art India.(SEE article 1).The contract in this case will be considered terminated upon receipt by Ganesh Art India of the letter or written notice informing them of this termination.
The information provided by the buyer when placing an order commits the latter. In the event of an error or of an incomplete mention in the wording of the recipient's contact details, Ganesh Art India cannot be held responsible for the impossibility of making delivery within the deadlines indicated when ordering. The products are delivered to the address indicated by the Buyer on the order form, subject to accessibility. If the address proves to be inaccessible to the carrier, costs must be invoiced for a second delivery.
Delivery is deemed to have been made upon delivery of the product to the carrier. The delivery slip given by the carrier, dated and signed by the Buyer upon delivery of the product will constitute proof of transport and delivery.
Upon delivery, the Buyer must check the content, compliance and condition of the product (s). In the event of delays, damage, total or partial losses or any other problem, it is up to the customer to exercise any recourse with the carrier without the responsibility of Ganesh Art India can never be called into question. Therefore, upon delivery, Ganesh Art India recommends that the customer confirm the condition of the products delivered before signing the acknowledging of receipt of the package.
If he finds anomalies, he must refuse delivery of the products or issue handwritten, precise and dated reserves. These reserves must be confirmed with the carrier by registered letter with acknowledging of receipt within three (3) working days of delivery of the products. A copy will be sent to Ganesh Art India.

14. WITHDRAWAL OF THE PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER

In the event of the Buyer's absence at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Buyer. The buyer will have to contact the carrier again in order to arrange a new appointment, according to the terms indicated by the carrier. In case of non withdrawal within the time limit set by the carrier, the products will be returned to Ganesh Art India which reserves the right to refund the price of the products, the shipping costs remaining the responsibility of the client.

15. CLAIMS

As such, any Buyer has the possibility to report, by sending an email, a non-conformity by indicating the nature of the non-conformity or damage found: for this purpose, the Buyer will attach any useful justification, including in the form of photograph(s) to Ganesh Art India at the following address: contact@ganeshartindia.com, and this immediately upon receipt of any work, any claim concerning the works ordered, according to the following criteria:
Non-conforming product: the product received does not correspond to the product ordered.
Damaged product: the product received is damaged or broken.
Attention: The statues sold on the site are art work made in a traditional way with wax casts. They are unique pieces: the photos on the Site are intended to present the works as faithfully as possible but cannot give an account of all the details. The customer will not be able to evoke the notion of defect because it is normal that a handcrafted statue presents imperfections, slight scratches, small and varied marks which come from the manufacturing process. These various points will not be able to be evoked to claim a case of damaged product.
The Buyer must keep the packaging and the delivery slip. The Buyer undertakes to return the said product or products concerned within 7 days of receipt to Ganesh Art India in their original condition and packaging with the accompanying documents.
In case of non-conforming product: upon receipt of the product in due form, Ganesh Art India will return to the Buyer, at its expense, the product initially ordered.
In case of damaged product: upon receipt of the product in due form, Ganesh Art India will offer the Purchaser a related work or a refund of the product concerned. The Buyer will confirm by e-mail his choice either to opt for a related work or to be refuned.

16. RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, within the framework of a purchase made from a professional Seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he himself is a national of this area, has a period of 14 days from receipt of the work(s) ordered to exercise, with the said Seller, his right of withdrawal, without having to justify his reasons or pay a penalty.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent)
Notification of withdrawal :
Prior to any return of a product, the Customer must notify his intention to withdraw by returning the withdrawal form duly completed and signed to the following address: 23 rue des Cigales 26110 Nyons. See : ANNEX at the bottom of the page

Methods of product return by the Customer in case of non-conformity or exercise of the right of withdrawal:
In accordance with the provisions of Article L 121-21-3 of the Consumer Code, the Purchaser must return the product within fourteen days of communication of his decision to withdraw.
The Buyer must return his product to the following address:
Ganesh Art India
23 rue des Cigales
26110 NYONS
FRANCE
The costs of returning products are the responsibility of the Buyer.
The transport of the products thus returned is the responsibility of the Buyer.
The price to be paid for the return of the product by the Buyer will depend on the carrier chosen by the Buyer to return the product.
The refund of the Purchaser will be made by any means of payment within fourteen days from the receipt by Ganesh Art India of the request for exercise of the right of withdrawal by the Purchaser, if the product concerned has been received by Ganesh Art India within this period.
However, in accordance with paragraph 2 of Article L 121-21-4 of the French Consumer Code, this refund period is deferred until the product is recovered by Ganesh Art India.
The return of all the products ordered will give rise to a refund equal to the totality of the sums paid by the Buyer, i.e. the purchase price of the product(s) purchased and any delivery costs (excluding return costs)
In order to fully benefit from the conditions of the Right of Withdrawal, the Buyer must return the product to Ganesh Art India 23 rue des Cigales 26110 NYONS - FRANCE
In order to simplify and facilitate the processing of product returns and possible refunds, it is strongly recommended that the Purchaser follow the procedure described below:
- the products must be properly protected, in their original packaging if possible, in perfect condition for resale (not damaged, damaged or dirty) accompanied by any accessories and documentation.
accompagné de la facture de vente de façon à permettre - accompanied by the sales invoice so as to allow the latter to identify the Buyer (order number, last name, first name, address).br /> If the Buyer opts for another return method than the procedure described above, it is essential that Ganesh Art India can identify the Buyer who makes this return in order to be able to refund. Also it is necessary to attach to your returned product all documents allowing you to identify yourself (copy of your order summary or copy of the invoice).br /> Any returned item damaged and / or out of its original packaging and / or without all of its accessories will not be subject to a refund.
Please complete and return the form only if you wish to withdraw from the contract. See: ANNEX at the bottom of the page

17. GUARANTEE

The products sold benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the French Civil Code. For the implementation of the guarantee, the buyer returns the product to Ganesh Art India at his own expense, enclosing the original invoice. The product will be exchanged for a related product or refunded and sent to the customer at the expense of Ganesh Art India.
Disclaimer of guarantee
Products modified, repaired, integrated or added by the Buyer are excluded from guarantee. The guarantee will not apply to apparent defects. The guarantee will not cover products damaged during transport or misuse.

18. PERSONAL INFORMATIONS

Ganesh Art India has a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy Policy", which the Buyer is expressly invited to read.

19. ELECTRONIC SIGNATURE

The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.

20. PROOF

The computerized registers, kept in Ganesh Art India's computer systems under reasonable security conditions will be considered as proof of communication, orders and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.

21. INTELLECTUAL PROPERTY

Ganesh Art India is the holder of the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the electronic store and in particular the pictures. Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalog, their use and their making available to third parties are strictly prohibited.

22. ENTIRE AGREEMENT

These general terms and conditions of sale express the entire obligations of the parties. No other general or specific conditions communicated by the client may be incorporated into or depart from these general conditions.

23. NON-WAIVER

Ganesh Art India's failure to take advantage of a breach by the client of any of its obligations shall not be construed as a waiver of the obligation concerned and to take advantage of such breach at a later date.

24. NULLITY

If one or more stipulations of these general conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.

25. AMENDMENTS

Ganesh Art India reserves the right to modify these general terms and conditions at any time.
Buyer will be informed of these changes by the appropriate means or by accessing the modified general terms and conditions of sale at the time of any order placement following the implementation of these changes.
Any Buyer who orders after the amended terms and conditions come into force must have accepted these modifications.

26. LANGUAGE OF THE TERMES AND CONDITIONS

In the event of a translation of these general terms and conditions into one or more languages, French will be used for any interpretation in the event of contradiction in terms and dispute on the meaning of any concept and provision.

27. MEDIATION PROCEDURE

The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present terms and conditions that may oppose him/her to Ganesh Art India, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.

28. GOVERNING LAW AND JURISDICTION

These general terms and conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless there are mandatory procedural rules indicating the contrary.
ANNEX - WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from a contract.)
To the attention of :
Ganesh Art India
23 rue des Cigales
26110 NYONS
Email : contact@ganeshartindia.com
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale below:

Work:
Address of the Buyer(s):
Signature of the Buyer(s):
(Only if this form has been printed for a paper version)
Date :
(*) Delete as appropriate.

Customer reviews

« I have just acquired a real masterpiece of tribal art "The pregnant woman with her baby". The statue moved me, you can feel the hand of the artist, the emotion that emanates from this woman.

Bertrand Bellaize is a passionate gallery owner who gave me lots of advice and explanations. I can only recommend! » (Martine M)
 
« I have just received the Kubera statuette: thank you very much, it is very beautiful!

Thank you for the care you have taken in the packaging and in the presentation of the work of the families who create these statuettes, for the historical context of this art. » (Stephane M)
 
« Excellent site. Everything went well again for this second order. » (Eric D.)
 

Product certified authentic

International shipping

Secured payment