TERMS OF SALES
ARTICLE 1 – PREAMBLE
1.1 The MAISON CONTEMPORAIN Company, individual company in the legal form Personal trader registered with the DRAGUIGNAN RCS under number 451 282 511, whose registered office is located at 983 POMPIDOU ZONE INDUSTRIELLE SAINT-HERMENTIAIRE – 83 300 DRAGUIGNAN, FRANCE (hereinafter referred to as MAISON CONTEMPORAIN), is the publisher of the website www.maison-contemporain.com
Through its website www.maison-contemporain.com, MAISON CONTEMPORAIN is consultant, seller and editor of works of art. There is brokerage activity related to the sale of objects and works of art, public relations and communication advice.
1.2 The Purchaser is defined as an Internet user, with a functional e-mail address, natural person or representative of a legal, professional or private person, endowed with the means useful for the use of the services offered and of which he will make his business and will bear the associated costs.
1.3 These general conditions of online sale govern the contractual relations between MAISON CONTEMPORAIN and the Buyer, as part of a distance selling system, both parties accepting them wholehearted.
1.4 These conditions can be viewed online at the main address mentioned and will prevail over all other reproduction media.
1.5 The Buyer declares to have read the following terms before placing an order.
By concluding an online sales contract, the Buyer expressly and unquestionably accepts the terms set out below.
Any contrary condition opposed by the Purchaser will, therefore, in the absence of express acceptance, be unenforceable against MAISON CONTEMPORAIN regardless of the time it may have been brought to its attention.
1.6 The fact that MAISON CONTEMPORAIN does not boast itself at some point of any of these general conditions of sale cannot be interpreted as a renunciation of claim on invoking any of the said conditions.
1.7 The Buyer declares that he has the capacity to conclude this contract, that is to say that he is of legal age and that he is not under guardianship if he is a natural person.
If he represents a legal person, he has the power to bind the legal person under the sales contract of the customer supplier type.
1.8 These general conditions of sale expressly provide in its article 12 the terms and conditions of the sale and delivery of works in the event that the sale is carried out directly in one of the establishments of the Company MAISON CONTEMPORAIN or in the Storage of the Artist owner of the work (s) of art object (s).
ARTICLE 2 – ACCEPTANCE OF AN ORDER
MAISON CONTEMPORAIN declares prior to any order that it has been mandated by the artist owner of the work to sell it, objects hereof.
MAISON CONTEMPORAIN declares in advance of the information concerning the description of the work subject hereof.
In the event that MAISON CONTEMPORAIN is the owner of the work, MAISON CONTEMPORAIN declares the accuracy of the information concerning the description of the work.
In order to allow the Buyer to return to his order before confirming it definitively, the order is validated in two stages:
2.1 1st Step: – Confirmation of the order
Once MAISON CONTEMPORAIN has made information available to the Buyer, and in particular the summary of the order, the Buyer can confirm his order after having read and accepted the general conditions of sale.
This confirmation must be go along with payment for the order.
The order will not be considered until the receipt of payment. In the absence of payment within the time limit, the order is considered void and the work (s) is / are put back on sale and delivery cannot take place.
2.2 Step 2 – Order form – Invoicing
After confirmation of the order, an order summary is automatically drawn up by MAISON CONTEMPORAIN, proof of the Buyer’s order and sent to the latter.
The Purchaser will be provided with the order summary by any means possible, in priority by a simplified copy of the text format automatically sent as an e-mail attachment to the address provided by the Purchaser during registration and on request. express of the Purchaser by fax or post.
The order is considered firm from the date on which MAISON CONTEMPORAIN to the Purchaser takes possession of the order summary.
The order summary by MAISON CONTEMPORAIN is valid as of the date of purchase.
MAISON CONTEMPORAIN will also provide to the buyer an original invoice the work of art in the delivery.
To establish useful evidence, MAISON CONTEMPORAIN will keep the full details of the Buyer, as well as the email address that will have allowed him to place an order for a period of 2 to 10 years.
ARTICLE 3 – SALE PRICE
3.1 The sales price listed on the website MAISON CONTEMPORAIN is expressed in Euros, all taxes included, excluding delivery charges applied on the day of the order.
For countries outside the European Union and for the DOM/TOM, this price does not include customs duties, local taxes or import duties which remain the responsibility of the Buyer and which he may be aware of by contacting the competent authorities of the country.
3.2 Delivery costs are indicated to the Purchaser when the acknowledgement of receipt of the order form is sent (article 2 § 2.1).
Any change in the VAT rate or delivery costs may be passed on to the price of the work(s).
Except in the case of a special request from the Purchaser justifying the right to benefit from special VAT rules, in particular due to his justified geographical location, the French VAT applicable to online services will be due.
3.3 The proof of the final price of the order is recorded in the order form, recorded and this information is stored securely by MAISON CONTEMPORAIN. The price thus defined is definitive and firm.
3.4 After payment of the full price, MAISON CONTEMPORAIN will provide the Buyer with an invoice.
3.5 The Buyer located outside metropolitan France is invited to inquire about import duties or taxes that may be applicable in this case and will assume responsibility for their declaration and payment.
ARTICLE 4 – PAYMENT AND SECURITY OF TRANSACTIONS
The price of the order is payable by credit card (Visa/Mastercard). MAISON CONTEMPORAIN has set up on its website www.maison-contemporain.com a secure payment system proposed by its online payment module STRIPE.
ARTICLE 5 – RIGHT OF RETRACTION
5.1 As from the delivery of the order, the Buyer has a period of 14 days to retract.
5.2 The Buyer must notify MAISON CONTEMPORAIN of his willingness to withdraw by mail with AR within 14 days from the date of delivery.
5.3 The delivered work(s) must be sent back within three days from the withdrawal to MAISON CONTEMPORAIN at the address of the artist owner of the work or at the address of the headquarters of MAISON CONTEMPORAIN, if the latter is the owner.
5.4 The buyer will have to justify the date of delivery to be able to benefit from the withdrawal period.
5.5 The Buyer is obliged to organize the return of the work(s) at his own expense.
5.6 Upon receipt of the goods, and after verification of their good condition by the artist or MAISON CONTEMPORAIN, MAISON CONTEMPORAIN will refund the sums received for the returned work(s), with the exception of shipping and return costs.
ARTICLE 6 – DELIVERY
6.1 Delivery terms and deadlines
The Buyer has the possibility to withdraw or have the work(s) withdrawn from the storage of the artist who owns the work and in this case there is no delivery.
The work(s) is/are delivered to the delivery address indicated by the Buyer when ordering. Delivery costs are at the expense of the purchaser and are indicated to him/her when sending the acknowledgement of receipt of the reservation referred to in Article 2§2.1.
For non-bulky pieces up to and including 30 kg, the work must be shipped within a maximum of 10 days from receipt of payment.
Above 30 kg and for bulky pieces, the work must be shipped within 4 weeks of receipt of payment.
In case of delay in shipment, an email will be sent to the Purchaser informing him/her that as long as the work(s) is/are not shipped, cancellation of the order is always possible.
In this case, the applicable refund conditions are those applicable to the withdrawal terms set out in Article 5 of the General Terms and Conditions of Sale.
Delivery times are indicated for information only and are not guaranteed by the Company MAISON CONTEMPORAIN.
No liability action can be taken against MAISON CONTEMPORAIN if the work (s) has been damaged during delivery.
The complaints on the apparent defects or on the non-conformity of the delivered product to the ordered product or to the dispatch note, must be formulated in writing by registered letter with acknowledgement of receipt within 3 days of the delivery according to the modalities enacted in articles 7 and 8 of the General Conditions of Sale.
The work(s) travel(s) at the risk and peril of the Buyer, to whom it is incumbent in the event of damage or failure to make all necessary observations and to confirm its reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
ARTICLE 7: RECEIPT
7.1 Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or about the non-conformity of the product delivered with the product ordered or the dispatch note must be made in writing within three days of delivery;
7.2 It shall be up to the Buyer to provide any justification as to the reality of the defects or anomalies observed. He will have to leave MAISON CONTEMPORAIN any facility to proceed to the observation of these defects and to remedy them. He will refrain from intervening himself or a third party for this purpose.
ARTICLE 8 – RETURN
8.1 Terms and Conditions
Any return of the work(s) must be the subject of a formal agreement between the seller and the buyer.
Any product returned without this agreement will be held at the disposal of the purchaser and will not give rise to the establishment of a credit note. The costs and risks of the return are always borne by the purchaser.
The Purchaser is obliged to arrange the return of the work(s) at his own expense. Returned goods must be accompanied by proof of the delivery date and must be in the condition in which the Seller delivered them. Returns must be addressed to the storage address of the artist who owns the work.
Any return accepted by MAISON CONTEMPORAIN will lead to the establishment of a credit note in favor of the buyer, after qualitative and quantitative verification of the returned products; returns not complying with the above procedure will be punished by the loss for the buyer of the sums he has paid.
ARTICLE 9- DATA PROTECTION AND FREEDOM OF INFORMATION ACT – PERSONAL DATA
9.1 The information requested from the Buyer when registering his details are necessary for the processing of his order by MAISON CONTEMPORAIN.
9.2 In application of the law “Informatique et Liberté” of January 6, 1978 amended, the Purchaser has a right of access and rectification of data concerning to MAISON CONTEMPORAIN. This right can be exercised by simple written request or email with AR addressed to MAISON CONTEMPORAIN.
ARTICLE 10 – INTELLECTUAL PROPERTY
All elements of the site MAISON CONTEMPORAIN are and remain its exclusive intellectual property. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any single link or hypertext link is strictly prohibited without the express written consent of MAISON CONTEMPORAIN.
ARTICLE 11- APPLICABLE LAW AND SETTLEMENT OF DISPUTES.
The special conditions and general conditions of sale are interpreted in accordance with French law. The nullity of one of the conditions herein does not entail the nullity of the general conditions of sale itself. In the event of a dispute, the French courts shall have jurisdiction.
ARTICLE 12 – SALE AND DELIVERY OF THE WORK DIRECTLY TO THE HEAD OFFICE OF THE COMPANY MAISON CONTEMPORAIN OR TO THE STORAGE OF THE ARTIST WHO OWNS THE WORK.
In the event that the Buyer decides in agreement with the Company MAISON CONTEMPORAIN to go to its establishment located at 983 POMPIDOU ZONE INDUSTRIELLE SAINT-HERMENTIAIRE – 83 300 DRAGUIGNAN, FRANCE in order to purchase the works, the sale will be declared perfect without possibility of retraction when the Buyer gives the price of the said work and when MAISON CONTEMPORAIN sends an invoice mentioning the description of the work and its price including all taxes. Under such conditions, MAISON CONTEMPORAIN disclaims any liability and the provisions of these terms and conditions of sale are not enforceable against it.