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General Terms and Conditions of Sale – Armel Soyer Editions
DISCLAIMER: This translation of the General Terms and Conditions of Sale is provided solely for the purpose of comprehension and is therefore not binding in any way. For any interpretation purposes or for any dispute arising between the Parties, only the French version of these GTCs shall be deemed applicable.
1.1 These General Terms and Conditions of Sale (hereinafter “GTCs”) apply to the relationship between the company Armel Soyer Editions, a limited liability company, registered with the Paris Trade and Companies Register under number 535 367 767, with share capital of 13, 000.00 euros, whose registered office is located at 19 rue Chapon 75003 Paris, represented by Mrs. Armel Pernet (hereinafter the “Seller”) and any natural or legal person (private individual or professional) (hereinafter the “Client”) who orders and purchases one or more works of art (hereinafter the “Work” or the “Works”) online on its Internet site www.armelsoyer.com (hereinafter “the Website”).
1.2 Any online order or purchase made on the Website is subject to prior knowledge and acceptance without reservation of the entirety of these GTCs. Unless otherwise agreed, these GTCs exclude any consideration of the Client's general terms and conditions.
1.3. The Seller's offers are intended exclusively for private individuals and professionals acting as final consumers. The commercial resale of the Works is prohibited. The Seller retains the right to refuse contractual purchase proposals if they appear to be intended for commercial resale.
1.4. The Seller reserves the right to modify these GTCs at any time by publishing a new version on the Website. The GTCs are those in effect on the date of the placing the order for the Work.
1.5. The Website is accessible in French, which is the applicable language for the conclusion of the sale contract.
The Works accessible on the Website for order and purchase are:
The Works may be immediately available and in stock or may be available to order and subject to a maximum production time of 14 weeks. The immediate availability or production time for each of the Works is specified for each of said Works on the Website.
The Works are presented on the Website in different categories: Furniture; Lights; Decorative objects; Sculptures; Murals; Miscellaneous.
Each of the Works is accessible on the Website in the form of a dedicated page, including photographs, a precise description of the related Work, namely, materials, weight, dimensions, fabrication process, if applicable, and the purchase price.
The information regarding the Works available on the Website enable the Client to know the essential characteristics of the Work s/he wishes to order and purchase and to ensure that it corresponds to his/her expectations and, in particular, its place of destination.
3.1 The order and purchase process of the Work involves the following steps:
3.2. In general, the order and contact process take place by e-mail and by means of automated procedures. The Client must ensure the accuracy of the e-mail address s/he indicates for the execution of his/her order in such a way as to be able to receive at this address the e-mails sent to him/her by the Seller. In particular, a Client who uses anti-SPAM filters must ensure that s/he can receive all the e-mails sent by the Seller or by third parties authorized by the Seller to carry out the order.
3.3 After validation of his order, the Client receives from the Seller a summary confirmation e-mail of the order. The Seller sends the Client a written confirmation of acceptance of the order by e-mail; the Client’s receipt of the confirmation of acceptance of the order is binding. The contract is formed as soon as the Seller sends this confirmation to the Client.
3.4 Refusal to process an order
The Seller reserves the right to remove at any time any Work displayed on the Website and to replace or modify any content or information on the Website. Despite the Seller's best efforts to meet its clients’ expectations, it is possible that the Seller might have to refuse to process an order after sending the Client the confirmation e-mail summarising the order.
The Seller shall not be held liable to the Client or a third party for the harmful consequences of the removal of a Work from the Website, or for the replacement or modification of any content or information appearing on the Website, or for a refusal to process an order after sending the e-mail confirming the order.
The Seller also reserves the right to refuse or cancel an order from a Client with whom it has a dispute over payment for a previous order or an objective suspicion of fraud.
4.1. The purchase prices of the Works are set by the Seller. Unless otherwise stated by the Seller in the description of the Works, the prices displayed are total prices in euros including the applicable VAT, excluding delivery costs. Any additional delivery and shipping costs are fixed after the order, based on quotations provided by the Seller at the Client's request.
In the event that customs duties, local taxes or import duties are payable, they shall be exclusively at the Client’s expense and are his/her sole responsibility. It is the Client's responsibility to make the declarations and payments required by the competent authorities and/or organisations. It is the Client's responsibility to check with the competent authorities before ordering the Works.
4.2. Payment for the order and purchase of the Works is made via the Website. Payment is made by credit card and is executed with the Seller via Banque Populaire's CYBERPLUS PAYMENT service.
4.3. The Seller shall provide the Client with the invoice corresponding to the purchase as well as the certificate of authenticity of the Works concerned at the time of delivery of said Works.
The transport and delivery of the Works to the Client will be the subject of a separate quotation after the Works have been ordered.
Once the order has been validated by the Client, the Seller will contact the Client to submit to the latter a quotation for the delivery and transport of the Works purchased.
The quotation for transport and delivery will be sent to the Client within a maximum of seven (7) days from validation of the order.
The Client is free to accept or refuse the quotation proposed by the Seller. In the event that the Client refuses the quote proposed by the Seller, it shall be up to the Client to organise the removal, transport and delivery of the Works from the place of storage of the Works indicated by the Seller to the place of destination and address of its choice.
As the Works sold on the Website are unique and fragile products, they are subject to specific delivery and transport conditions requiring the use of special packaging and transport methods, which may only be entrusted to professionals in the sector concerned.
It is recalled that in the case of a delivery abroad, the applicable local tax rules may require the declaration and payment of specific taxes, such as customs duties. The Client shall be responsible for the declarations and payments of applicable taxes and customs duties.
6.1. Pursuant to Articles L. 221-18 et. seq. of the French Consummation Code, consumers have, as a matter of principle, a right of withdrawal.
The Client has a period of fourteen (14) clear days to declare that s/he wishes to return the Work(s) that does not suit him, without having to justify his decision. This period starts from the date of receipt of the Work(s) by the Client or any third party designated by the Client.
A Client who wishes to exercise his/her right of withdrawal must send the Seller, before the expiry of the above period, an e-mail to the following e-mail address: (to be completed).
This e-mail must clearly express the Client's wish to withdraw his/her order, as well as the order number and the references of the Work purchased.
6.2. The Client must return the Work to the Seller no later than 14 days following the transmission of the withdrawal request.
The Client shall return the Work to the following address:
Galerie Armel Soyer
19, rue Chapon
The Work must be returned to the Seller in perfect condition in its original packaging. The package must be accompanied by the corresponding purchase invoice as well as the certificate of authenticity of the said Work.
The Client shall be deemed liable in the event of damage to the Work when it is returned to the Seller.
6.3. The Seller shall refund the full amount paid for the purchase of the Work, including the cost of delivery of the said Work, once it has notified the Client of the proper receipt of the returned Work and no later than fourteen days from the date on which it is informed of the Client's decision to withdraw.
In the event that the Seller executes the order before receipt of payment for the said order, the Seller reserves title of the Work until full payment has been made of the price owed to him by the Client.
8.1. All of the Works on sale on the Website are covered by the legal guarantee of conformity (hereinafter "Conformity Guarantee") as defined in articles L. 217-4 et. seq of the French Consummation Code on the one hand and the guarantee against hidden defects (hereinafter "Hidden Defects Guarantee"), as defined in articles 1641 et seq. of the French Civil Code on the other hand, allowing the Client to return defective or non-conforming Works delivered free of charge.
8.2. Legal Guarantee of Conformity
Article L. 217-4 of the French Consummation Code: "The seller is obliged to deliver a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation if this was made at its expense pursuant to the contract or was carried out under its responsibility".
Article L. 217-5 of the French Consummation Code: "To be in conformity with the contract, goods must:
1) Be fit for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; b) present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. »
Article L271-12 of the French Consummation Code: "An action resulting from the lack of conformity is prescribed after two years from the delivery of the goods. »
8.3. Warranty against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee due to the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if s/he had known about them".
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".
8.4. Consequences of legal warranties
Within the terms of the Legal Guarantee of Conformity, the Seller undertakes, at the Client's discretion, to provide:
Within the terms of the Warranty against hidden defects, the Seller, at the Client's discretion, undertakes, after evaluation of the defect:
8.5. Exclusion of guarantees
The guarantee does not apply to Works modified, repaired, integrated or added by the Client. The guarantee will not apply to apparent defects. The guarantee will not cover the Work(s) damaged during transport after delivery or as a result of misuse.
8.6. Manifest damages caused by installation and transport
The Seller shall not be liable for the following damages:
The Client is invited to make a reclamation to the delivery company if the Work(s) delivered presents manifest damage caused by transport; he is also invited to inform the Seller on the matter. The omission of this complaint by the Client shall have no effect on his statutory or contractual rights resulting from the defects.
The Seller's liability in respect of any Work purchased on the Website is strictly limited to the purchase price of the Work and delivery charges. The Seller shall not under no circumstances be liable for any of the following losses, regardless of their origin:
The documents, descriptions and information relating to the Works appearing on the Website are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law as mentioned in article 8 hereof.
The Seller is only required to deliver Works in accordance with the contractual provisions. The Works are considered to be in conformity with the contractual provisions if the following conditions are met:
(i) they must conform to the description and have the characteristics set out on the Website;
(ii) they must be suitable for the purposes for which such Works are generally designed;
(iii) they must meet the criteria of quality and resistance which are generally accepted for Works of the same genre and which the Client may reasonably expect.
The Seller shall not be liable for non-performance of these GTCs due to force majeure, in particular:
All the Works available on the Website are protected by French intellectual property rights and/or by a design and model title pursuant to the provisions of the French Intellectual Property Code.
The purchase of a Work on the Website in no way grants the Client the right to exploit the intellectual property rights protecting the Work. Consequently, the Client expressly prohibits himself from reproducing and representing the Work, such acts being subject to the prior written authorisation of its author pursuant to the provisions of the Intellectual Property Code.
In addition, all texts, comments, photos, trademarks, logos, illustrations and images of the Works on the Website, the graphic charters, software, without this list being exhaustive, are protected by intellectual property and for the entire world.
Any reproduction or representation, in whole or in part, of the Website of any of these rights and of the Works, without the express authorisation of the Seller is strictly prohibited and shall be considered as a counterfeiting act prohibited by the French Intellectual Property Code.
Consequently, the Client is prohibited from any behaviour and any act likely to directly or indirectly infringe the intellectual property rights of the Seller and the authors of the Works.
These GTCs and the contractual relationship between the Seller and the Client are subject to French law.
In the event of a dispute with the Seller concerning the execution of these GTCs, the Client has the right to resort to a consummation mediator with a view to the amicable resolution of the said dispute in accordance with article L. 612-1 of the Consummation code.
The list of mediators is available at the following link: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
In the absence of an amicable settlement, any dispute relating to the interpretation of the GTCs, the execution or termination of a sale, the interpretation, execution or termination of the present contract shall be submitted, in the absence of an amiable agreement, to the legally competent French courts.