Effective Date: March 14, 2026
This User Agreement and Privacy Policy governs all access to and use of the website, online services, digital platforms, and physical premises operated by Ricardo Fernandes Gallery, a company established in Paris, France.
By accessing our website, creating an account, participating in online auctions, purchasing artworks, or engaging with any of our services, you acknowledge that you have read, understood, and agreed to be legally bound by this Agreement.
If you do not agree, you must immediately discontinue use of our services.
For any inquiries, please contact: contact@ricardofernandes.biz
Ricardo Fernandes Gallery may update this Agreement at any time. Updated versions become effective immediately upon publication on our website.
1. Eligibility and Legal Capacity
Our services are available only to individuals and legal entities capable of entering into binding contracts under applicable French and EU law.
• Users must be 18 years or older.
• Minors may only use our services under the supervision of a parent or legal guardian.
• By using our services, you confirm that all information provided is accurate and lawful.
2. Services, Fees, Pricing, and Auctions
Visiting our website is free of charge.
• Prices, service fees, and auction terms may be communicated upon request or published on our website.
• All prices are listed in Euros (€) unless otherwise specified.
• Ricardo Fernandes Gallery may modify prices, fees, or service conditions at any time.
• Temporary promotional pricing becomes effective upon publication on our website.
• Online auctions are governed by this Agreement and applicable EU and French commercial regulations.
3. Fraud Prevention and Compliance
Ricardo Fernandes Gallery reserves the right to suspend, restrict, or terminate any business relationship if fraudulent, abusive, or unlawful activity is suspected.
This includes, but is not limited to:
• Identity fraud
• Payment fraud
• Misrepresentation of provenance or ownership
• Violations of international trade or sanctions regulations
We cooperate with competent authorities in accordance with EU and French law.
4. User Information and Data Protection (GDPR Compliance)
4.1 Definition of User Information
“User Information” includes any personal data or content you provide through our website, email, online auctions, or physical interactions.
4.2 Legal Basis for Processing
We process personal data in accordance with:• Regulation (EU) 2016/679 (GDPR)
• Directive 2002/58/EC (ePrivacy Directive)
• French Data Protection Act (Loi Informatique et Libertés)
Processing is based on:
• Contractual necessity
• Legal obligations (e.g., invoicing, anti‑fraud, VAT compliance)
• Legitimate interests (gallery operations, security, client management)
• Explicit consent where required (e.g., newsletters)
4.3 Data Use and Storage
We do not sell or rent personal data to third parties.
We may share data only with:
• Payment processors
• Shipping and logistics partners
• Legal or tax authorities when required
• IT and security providers under strict confidentiality obligations
Data is stored on secure servers located within the European Union, protected by industry‑standard technical and organizational measures.
4.4 International Transfers
If data must be transferred outside the EU, we apply:
• Standard Contractual Clauses (SCCs)
• Adequacy decisions issued by the European Commission
• Additional safeguards where required.
4.5 User Rights
Under GDPR, you may request:
• Access
• Rectification
• Erasure
• Restriction
• Portability
• Objection to processing
All requests may be sent to contact@ricardofernandes.biz
5. Independent Contractor Relationship
Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency between you and Ricardo Fernandes Gallery. All parties remain independent contractors.
6. Intellectual Property and Copyright
All content on this website—including texts, images, videos, catalogues, and artworks—is protected by:
• French Intellectual Property Code (Code de la Propriété Intellectuelle)
• International copyright treaties
You may not reproduce, distribute, or publish any content without prior written authorization from Ricardo Fernandes Gallery. Unauthorized use may result in civil and criminal liability.
7. Liability and Disclaimers
To the fullest extent permitted by French and EU law:
• Ricardo Fernandes Gallery is not liable for direct or indirect damages arising from website use, service interruptions, data loss, or inaccuracies.
• We do not guarantee uninterrupted access to our website or online auction systems.
• Users are responsible for ensuring compatibility of their devices and internet connection.
This limitation does not apply to liability that cannot be excluded under French law (e.g., gross negligence, personal injury).
8. Online Auctions — Additional Terms
Participation in online auctions implies acceptance of:
• Auction rules published on our website
• Payment deadlines
• Buyer’s premium (if applicable)
• Shipping and insurance conditions
• Provenance and authenticity guarantees as defined by French commercial law.
Bids are binding and cannot be withdrawn once submitted.
9. Governing Law and Jurisdiction
This Agreement is governed by:
• French law, including the Civil Code and Commercial Code
• Applicable EU regulations, including the GDPR, Digital Services Act (Regulation (EU) 2022/2065), and Consumer Rights Directive (Directive 2011/83/EU)
Any dispute shall be submitted exclusively to the competent courts of Paris, France, unless mandatory consumer protection rules provide otherwise.
10. Contact
For all legal, privacy, or compliance inquiries please send us a message to admin@ricardofernandes.biz