General Terms and Conditions of Sale
Article 1 - Scope of application
The purpose of the present general conditions of sale (the " CGV ") is to define the terms of execution and the conditions under which the sales of works of art (the "Artworks ") are concluded, as defined in the attached Order Form, between the company Stéphane Renard Fine Art (" SRFA ") and any customer acting for his professional or personal needs (the " Customer "), jointly designated as the " Parties " or individually as a " Party ". For the entire duration of the contractual relationship between the Customer and SRFA, these GTC constitute the contract concluded between the Parties and prevail over all other documents, in particular any general terms and conditions of purchase of the Customer, unless otherwise expressly accepted by SRFA.
Article 2 - Purpose of the GTC - Authenticity of the Artworks
2.1. The GTC apply to all sales of Artworks, i.e. all works of art, offered for sale by SRFA (i) in its gallery, (ii) on its website www.stephanerenard-fineart.com (the "Site"), (iii) in its catalogue (the " Catalogue ") or (iv) at exhibitions or trade fairs.
2.2. SRFA communicates to the Customer the information it has in its possession concerning the nature, composition, origin and age of the Works sold. In accordance with the provisions of decree no. 81-255 of March 3d, 1981, SRFA may indicate in its Catalogue or on the Site an express reservation as to the authenticity of an Artwork. Under these conditions, SRFA provides no guarantee as to the authenticity of the Artwork and the Customer undertakes not to resell the said Work under conditions that may be prejudicial to SRFA.
Article 3 - Order - Cancellation - Withdrawal
3.1 Any Customer wishing to purchase an Artwork appearing on the Site and/or the Catalogue must send a signed order form to SRFA by any means at his convenience, specifying his surname, first name and/or name, address, e-mail address, telephone number, R.C.S. number (if applicable), as well as the number of the chosen Artwork and its designation (title, author, etc.).
3.2. Any sale of Artworks will only be complete and final after express written acceptance of the Customer's order by SRFA and after full payment of the price in accordance with article 4.2 of these GCS. SRFA will communicate to the Customer in the event of acceptance of the order, by any means at its convenience, a written and signed confirmation indicating the Artwork(s) for which the order is accepted as well as the method and indicative deadline for making the Artwork(s) available. The Customer expressly acknowledges that SRFA is free to accept or refuse the order, or to accept it only partially. Furthermore, SRFA reserves the right to request that the Customer provide any supporting information concerning the order, his financial situation, his identity, etc., in order to verify the order.
3.3. Any order accepted by SRFA is firm and definitive and may not be modified without its written agreement. In the event of cancellation of the order at the request of the Customer after its acceptance, for any reason whatsoever, the sums paid in respect of the order will remain the property of SRFA and may not give rise to any reimbursement whatsoever.
3.4. Notwithstanding the provisions of article 3.3. above, when (i) the Customer is considered to be a consumer within the meaning of the French Consumer Code and (ii) the sale of the Artwork is concluded at a distance, the Customer has a period of fourteen days from the date of availability to exercise his right of withdrawal as defined in article L.221-18 of the French Consumer Code, using the form available on the Site and in the Catalogue. The Artwork must be returned within fourteen (14) days following the sending of the withdrawal decision, by the intermediary of delivery companies specialising in the transport of works of art, the costs of which are borne by the Customer. The Customer loses any right of withdrawal in the event that the Artwork ordered has been damaged, spoiled or preserved in conditions that do not allow its preservation, including during transport. This right of retraction does not apply to sales of Artworks made at the gallery and/or during exhibitions or fairs.
Article 4 - Prices - Payment - Penalty for late payment
4.1. Unless otherwise expressly agreed between the Parties, the Artworks are sold at the price indicated by SRFA and/or the Catalogue (the " Prix "). The Prices are expressed in Euros and include all taxes. The costs related to all taxes, duties, customs duties, freight forwarder's fees, shipping costs, insurance and other costs and taxes applicable in application of the legislation in force are not included and remain the responsibility of the Customer.
4.2. The invoice prepared by SRFA is sent or given to the Customer on the date the Artworks are made available. The invoice mentions the Price of the Works and the terms of payment of the Price. Payment of the Price by the Customer is made in full at the time of the order or, at the latest, on the date of availability, and, in any event, before collection by the carrier or the Customer.
Payment means the actual cashing of the amount of the cheque or transfer by SRFA. In the case of a bank transfer, the Customer must provide a transaction notice justifying that his bank account has been debited and that the transfer has been executed by his bank. No discount is applied in the event of early payment.
4.3. Any failure to pay the Price of the Artworks ordered that is not settled within thirty (30) days from the date of availability shall automatically and without prior formal notice result in the cancellation of the sale. Any sums received by SRFA shall be retained by SRFA by way of damages, without prejudice to any other damages that may be due by the Customer.
4.4 In the event of late payment by the Customer, SRFA reserves the right to suspend the availability of any new order accepted until full settlement of any unpaid invoice.
Article 5 - Availability - Deadline - Receipt - Complaint
5.1. Delivery is made by handing over the Artworks ordered to the Customer or to his carrier, at the delivery address mentioned in the order form. SRFA does not intervene in the packaging, transport and delivery operations, which remain the responsibility of the Customer, and must be carried out by delivery companies specialising in the transport of works of Art.
5.2. The Customer undertakes to take delivery of the Artworks or to have them collected by his carrier on the date mentioned on the order form. Failing this, SRFA may take all necessary measures to store the Artworks at the Customer's expense after sending a formal notice to remove the Artworks.
5.3. The transfer of risks (in particular of loss or deterioration) to the Customer occurs as of the removal of the Artworks by the Customer or his carrier. In any event, it is the responsibility of the Customer or its carrier to check the condition of the Artworks at the time of their removal, and to report any damage to the Artworks to SRFA without delay.
5.4. The transfer of ownership of the Artworks takes place as of the payment of the Price. Consequently, the Artworks remain the property of SRFA until full payment of the Price by the Customer.
5.5. As from the date of removal of the Artworks, the Customer has a period of five (5) days to send any reservations to SRFA about any non-conformity of the Artworks by registered letter with acknowledgement of receipt. In the event of reservations, the Customer must provide all the evidence required to establish that the Artworks do not conform. In the event of non-compliance of the Artworks being established between the Parties, the Customer shall benefit, unless otherwise expressly agreed between the Parties, from a credit note or a refund of the sums paid to SRFA.
5.6. With the exception of the cases referred to in article 3.4 above, any return must be the subject of a formal agreement between the Customer and SRFA. Failing this, the Price received by SRFA will be retained by SRFA. Unless otherwise agreed between the Parties, the costs and risks of the return are always borne by the Customer. Unless otherwise agreed between the Parties, any return accepted by SRFA will result in the establishment of a credit note in favour of the Customer only after verification of the condition of the Artworks returned, it being specified that the amount of this credit note may not exceed the amount already paid by the Customer to SRFA. The return of the Artwork must be carried out by delivery companies specialising in the transport of works of art, the costs of which are to be borne by the Customer.
Article 6 - Guarantee - Liability - Insurance
6.1. The Artworks benefit from the legal guarantee against hidden defects. The natural deterioration of the Artworks resulting from their use, storage, packaging, transport or conservation in conditions likely to alter their structure or qualities does not constitute a hidden defect. The guarantee is implemented under the following conditions: as soon as the defect appears, the Customer must report it to SRFA within eight (8) days at the latest by registered mail with acknowledgement of receipt. Failure to do so will result in this warranty no longer being invoked by the Customer. SRFA undertakes, as soon as it is informed of the defect, to take all steps to confirm its existence, in particular by carrying out a counter-assessment, if necessary. If the defect is established, its obligation will consist either in reimbursing the Price of the Artworks or in giving a credit note for a value equivalent to the Price paid. Excluded from the guarantee are all Artworks that have suffered physical deterioration, any deterioration or defects caused by poor conservation, abnormal use, accident or abnormal environmental conditions that have damaged the Artworks, or by the intervention of a third party on the Artworks, damage caused by force majeure, as well as apparent defects that the Customer must claim upon receipt of the Artworks and which, failing this, remain under his sole responsibility.
6.2. SRFA's liability is strictly limited, for all damages related to an order, to the value of the Artworks ordered and paid for by the Customer.
6.3. The Customer must insure the Artworks for their declared value from the time they are made available against all risks, in particular damage and loss. The Customer must also take out an appropriate insurance policy with a first-rate insurance company covering any damage that may arise from his civil and professional liability, where applicable. The Customer must be able to provide SRFA, at any time, with a certificate of insurance.
Article 7 - Force majeure
SRFA may not be held liable for failure to perform its contractual obligations if such failure is due to the occurrence of a case of force majeure, as defined by article 1218 of the French Civil Code or recognised as such by case law.
Article 8 - Intellectual property
8.1. The content of the Site and the Catalogue published by SRFA remains the property of the latter and is protected by French and international intellectual property laws. Any total or partial reproduction of the content of the Site and/or the Catalogue is strictly forbidden and is likely to constitute an offence of counterfeiting.
8.2. Any mention or use of trademarks, names, logos, or other marks belonging to or registered by SRFA on any medium whatsoever and for any purpose whatsoever must be submitted to SRFA's prior written approval.
Article 9 - Applicable law
These GCS and the contractual relations between the Parties are governed solely by the provisions of French law, to the express exclusion of the Vienna Convention on International Sales of Goods and to the exclusion of any conflict of law rules that may lead to the application of laws other than French law.
Article 10 - Disputes
SRFA reserves the right to amend these GTC at any time. The applicable GTCs are those in force on the date of the order sent to SRFA by the Customer. In the event that any of the provisions of these GCS are declared null and void or deemed unwritten, all other provisions shall remain applicable.
In the event of a dispute, the Customer may address his complaint in writing to SRFA, at the address of its registered office.
If the dispute persists in spite of his written complaint, the Customer considered as a consumer within the meaning of the Consumer Code may, in an attempt to settle it, refer the matter to a consumer mediator at the following address:
FCD12
rue Euler
75008 Paris
The procedure for referring cases to the mediator is described on his website: https://mediateur.fcd.fr/mediateur/.
The Customer must refer the matter to the mediator within a maximum period of one (1) year from the date of his written complaint to SRFA.
Any dispute or disagreement relating to the validity, interpretation and/or execution of these GCS or linked to them, which cannot be resolved amicably, will be exclusively submitted to the competent courts of the Paris Court of Appeal, subject to the provisions applicable to individual customers. In the event of a dispute, the French version of the GTC will prevail.
Article 11 - Pre-contractual information
The Customer acknowledges having received, at the conclusion of the contract, these GTC, as well as all the necessary information and details from SRFA.