TERMS AND CONDITIONS OF SALE AND USE

GENERAL PRESENTATION, SCOPE OF APPLICATION, AND LEGAL FRAMEWORK

These Terms and Conditions of Sale and Use (“Terms”) govern the entire contractual relationship between any individual or legal entity accessing or using the website, services, artistic content, consultations, artworks, digital materials, or any related services offered through INAD Gallery, and Alescargot France Ltd, a company incorporated and operating under the laws of Ireland, with its registered address at Pod 2, The Old Station House, 15A Main Street, Blackrock, Dublin, Ireland A94 T8P8. Alescargot France Ltd is responsible for the commercial, administrative, strategic, and operational management of the INAD Gallery platform.

INAD Gallery is an international artistic platform dedicated to the presentation, promotion, commercialization, and enhancement of original works created by Inad Drauh. The exploitation, representation, distribution, and commercialization of the artworks, visual universes, artistic concepts, collections, creative materials, and related content displayed on the platform are carried out under a concession of exploitation rights granted to Alescargot France Ltd by the artist and/or the relevant rights holders.

These Terms apply to all services and interactions available through the platform, including the sale of original artworks, limited editions, artistic creations, digital content, private consultations, creative collaborations, design projects, exhibitions, appointment bookings, bespoke commissions, and all interactions with the content, services, and materials presented by INAD Gallery. Any access to, navigation of, purchase from, reservation through, or use of the website or its services constitutes full, unconditional, irrevocable, and unrestricted acceptance of these Terms.

These Terms are governed by Irish law within an international operational framework. INAD Gallery and Alescargot France Ltd operate globally and collaborate with collectors, designers, interior architects, luxury establishments, private concierges, and international partners. Users acknowledge that all artworks, artistic concepts, photographs, visuals, textures, compositions, fluid art creations, staging, editorial materials, and visual universes displayed on the platform are original artistic works protected under Irish copyright law, including the Copyright and Related Rights Act 2000, European intellectual property law, and applicable international conventions, including the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS Agreements, and treaties administered by the World Intellectual Property Organization (WIPO). Such protections apply automatically in all applicable jurisdictions without the need for registration or formalities.

EXPLOITATION RIGHTS CONCESSION AND INTELLECTUAL PROPERTY

All artworks, artistic creations, photographs, compositions, videos, visual universes, graphic elements, logos, texts, creative concepts, collections, branding materials, and content displayed on the INAD Gallery website remain at all times the exclusive intellectual property of Inad Drauh and/or the applicable rights holders. Alescargot France Ltd exploits these works under a concession of exploitation, representation, distribution, and commercialization rights granted by the artist or the relevant rights holders.

Protected visual works include original paintings, fluid art creations, artistic photographs created by the artist or for the gallery, digital images, promotional visuals, textures, compositions, photographs of artworks, and physical or digital reproductions, including limited editions, premium prints, giclée prints, and similar formats. These elements constitute protected artistic works under Irish and European law and benefit from automatic copyright protection from the moment of creation for the lifetime of the author plus seventy years in accordance with applicable legislation.

Copyright protection grants the artist and operator exclusive economic rights, including the right to reproduce, distribute, display, adapt, transform, commercialize, communicate publicly, and exploit the artworks and related materials across all forms of media, whether physical or digital. The artist also retains moral rights, including the right of attribution and the right to oppose any distortion, modification, or use that could damage the integrity, reputation, or spirit of the artwork.

No purchase, reservation, consultation, or interaction with the website transfers any intellectual property rights to the user. The acquisition of a physical or digital artwork grants only ownership of the acquired medium and a strictly personal, private, and non-commercial right of use and display. No right of reproduction, commercialization, adaptation, derivative creation, NFT exploitation, tokenization, editorial use, advertising use, professional decorative use, or use within artificial intelligence systems is granted without prior written authorization from the artist and/or Alescargot France Ltd.

The photographs, visuals, and artistic representations displayed on the website are themselves protected works. Any screenshot, copying, reproduction, publication, social media sharing, catalog use, website use, design integration, promotional exploitation, or commercial distribution is strictly prohibited without prior written authorization or licensing agreement.

Professional licenses for architecture, luxury hospitality, interior decoration, editorial publication, and related professional uses may be granted upon request under separate contractual agreements and specific pricing structures.

Any unauthorized reproduction, exploitation, copying, distribution, commercialization, or misuse of artworks or website content may result in legal proceedings, injunctions, claims for damages, and international intellectual property enforcement actions.

ARTWORK PROTECTION, AI PROHIBITION, AND ANTI-SCRAPING POLICY

All artworks, images, photographs, videos, textures, artistic compositions, written descriptions, editorial materials, and visual elements presented on INAD Gallery are protected against automated extraction, scraping, indexing, algorithmic analysis, or exploitation within artificial intelligence systems.

It is strictly prohibited to mass-download content from the website, use artworks or visuals to train artificial intelligence systems or machine learning models, create datasets, vectorize artworks, analyze artistic styles algorithmically, reproduce the artistic identity through automation, use visuals within generative AI systems, or employ bots, crawlers, scripts, or automated extraction technologies for commercial or technological purposes.

Any automated or algorithmic exploitation of the website content constitutes a serious violation of these Terms and a direct infringement of intellectual property rights. INAD Gallery and Alescargot France Ltd reserve the right to initiate any legal, technical, commercial, civil, or criminal action necessary to protect the artworks and platform content internationally.

CONDITIONS OF SALE FOR ARTWORKS AND ARTISTIC CREATIONS

The artworks offered by INAD Gallery may include unique pieces, original artworks, fluid art creations, limited editions, artistic photographs, premium prints, and bespoke artistic creations. Certain editions may be signed, numbered, and accompanied by certificates of authenticity issued by the artist or the gallery.

Each artwork is handcrafted or produced through an original artistic process. Slight variations in texture, reflections, depth, finishes, contrast, or color perception may exist between the digital presentation of the artwork and the final piece received by the collector. Such variations form part of the authenticity, uniqueness, and artistic nature of the work and shall not be considered defects.

All artworks are offered subject to availability. INAD Gallery reserves the right to modify, replace, update, or withdraw artworks at any time without prior notice.

Prices displayed on the platform may also be modified without notice. Shipping fees, transportation costs, insurance charges, customs duties, import taxes, local VAT, and similar international charges remain the sole responsibility of the buyer unless expressly stated otherwise.

CERTIFICATES OF AUTHENTICITY AND ARTISTIC NATURE

All artworks presented, sold, exhibited, or distributed through INAD Gallery are accompanied by a certificate of authenticity issued by the artist, INAD Gallery, or an authorized representative designated by Alescargot France Ltd. This certificate confirms the authenticity, provenance, and artistic integrity of each work and forms an integral part of the artwork’s identification and value.

Collectors acknowledge that artistic value, emotional significance, rarity, prestige, or collector appeal do not constitute financial guarantees, investment promises, or speculative assurances.

INAD Gallery does not guarantee future appreciation, resale value, investment performance, or financial profitability associated with any artwork. All artworks reflect a subjective, emotional, and artistic universe unique to the artist.

CUSTOM COMMISSIONS AND ARTISTIC PROJECTS

INAD Gallery may offer bespoke creations, custom commissions, private collaborations, luxury artistic projects, and exclusive design partnerships. Such projects may require preliminary consultations, written approvals, specific production timelines, and advance payments or deposits.

Deposits paid for custom artistic projects are non-refundable once the creative process has begun. The artist retains full artistic freedom and interpretation within the agreed creative direction. Unless otherwise agreed in writing, INAD Gallery reserves the right to present commissioned works within portfolios, exhibitions, publications, social media, and promotional materials while respecting applicable moral rights.

PRIVATE CONSULTATIONS, APPOINTMENTS, AND COLLABORATIONS

INAD Gallery may offer private consultations, artistic guidance, creative collaborations, collector meetings, aesthetic direction services, and strategic artistic discussions. Appointments and consultations may require prior approval or validation.

Any cancellation occurring less than twenty-four hours before a scheduled consultation may result in the forfeiture of fees paid. All concepts, artistic directions, recommendations, creative ideas, and strategic discussions shared during consultations remain protected by intellectual property rights and confidentiality obligations.

SHIPPING, TRANSPORTATION, AND TRANSFER OF RISK

Artworks are shipped using specialized art transportation providers or appropriate logistics services. Delivery timelines are provided for informational purposes only and may vary due to customs procedures, transportation delays, weather conditions, logistical constraints, international activity periods, or force majeure events.

Risk transfers to the buyer upon delivery of the artwork to the carrier. Collectors are responsible for inspecting shipments immediately upon receipt and notifying both the carrier and INAD Gallery of any issue within the legally applicable timeframe.

FINANCIAL CONDITIONS AND REFUND POLICY

Any validated order irrevocably commits the buyer to full payment of the applicable amounts. Payments may be made through credit cards, bank transfers, secure payment platforms, or any other payment method accepted by INAD Gallery.

Original artworks, limited editions, digital creations, consultations, custom commissions, and artistic services are considered highly personalized products and services. Except where mandatory law provides otherwise, all sales are final and non-refundable. Any exceptional request must be submitted in writing and may be reviewed without obligation of acceptance.

LIABILITY AND LIMITATIONS

INAD Gallery and Alescargot France Ltd shall not be held liable for display variations caused by screens or devices, color discrepancies between digital presentations and physical artworks, transportation delays, indirect damages, financial losses, improper preservation of artworks, customs restrictions, import regulations, taxes, duties, or events beyond their reasonable control.

The maximum liability of INAD Gallery shall never exceed the amount effectively paid for the artwork or service concerned.

IMAGE, BRAND, AND REPUTATION

The names “INAD Gallery,” “Inad Drauh,” associated logos, artistic universes, branding materials, slogans, marketing assets, visual identities, and artistic presentations constitute protected intellectual property assets.

Any unauthorized use of the gallery’s identity, artworks, branding, reputation, or visual materials is strictly prohibited. Users agree not to damage, undermine, or harm the reputation, image, credibility, or integrity of the gallery, the artist, or the operator.

CONFIDENTIALITY AND DATA PROTECTION

Personal data collected through the website is used exclusively for customer relations, orders, consultations, communications, administrative processing, legal obligations, and service delivery. INAD Gallery undertakes to process personal information discreetly and in compliance with applicable data protection regulations.

Personal information is never sold to third parties.

JURISDICTION, ELECTRONIC SIGNATURE, AND ENTIRE AGREEMENT

These Terms are governed by Irish law. Any dispute relating to the interpretation, validity, execution, or enforcement of these Terms shall fall under the jurisdiction of the competent Irish courts unless mandatory legal provisions provide otherwise.

Electronic validations, online payments, digital signatures, acceptance clicks, and electronic confirmations shall have the same legal value as handwritten signatures.

These Terms constitute the entire agreement between the parties and replace all prior exchanges, discussions, representations, or agreements relating to the same subject matter.

MODIFICATIONS AND UPDATES

INAD Gallery and Alescargot France Ltd reserve the right to modify, adapt, update, or revise these Terms at any time in order to reflect legal, technological, artistic, operational, or strategic developments.

The latest published version available on the website shall prevail over any previous version. Continued use of the website or services after modifications have been published constitutes acceptance of the updated Terms.

CONTACT

INAD Gallery, operated by Alescargot France Ltd, may be contacted through the official INAD Gallery website or by email at [email protected].

Registered Address: Alescargot France Ltd, (INAD GALLERY), Pod 2, The Old Station House, 15A Main Street, Blackrock, Dublin, Ireland A94 T8P8.