The present General Terms and Conditions of Sale (the “GTC”) are binding on Galerie PJ. Société par actions simplifiée au capital de 10 000 euros, having its head office at 6 rue Mazelle 57000, Metz, France registered in the RCS of METZ under the number 882 217 003, – Tel: (33) 3 87 68 52 40- email: email@example.com, (the “Seller”).
The Seller’s activity is the purchase, exhibition and sale of works of contemporary art (originals and editions) as well as the sale of articles (especially literary) related to the art world.
In particular, the Seller markets the above-mentioned goods through the https://www.galerie-pj.com/boutique/ website (the “Site”). The list of goods offered for sale online by the Seller may be consulted on the Site.
Customers (the “Customer(s)”) may be both consumers (the “Consumer Customer”) and professionals (the “Professional Customer”) within the meaning of the introductory article of the French Consumer Code.
Any service performed by the company PF JSS Galerie PJ implies the buyer’s unreserved adherence to these general conditions of sale.
The Seller reserves the right to modify the GTC at any time by publishing a new version on the Site. The applicable GCS are those in force on the date of validation of the Customer’s order.
The photographs of the goods for sale on the Site have no contractual value.
1.1. The terms and expressions referred to below shall mean, where preceded by a capital letter, for the purposes of the interpretation and execution hereof :
“Article”: the Good(s) that is/are the subject of the Order;
“Good”: any product offered for sale on the Site;
“Order”: request for Goods made by the Customer to the Seller with a view to their purchase;
“Delivery Time”: period between the date of Order Confirmation and the date of Delivery of the Order to the Customer;
“Delivery Costs”: the amount of the costs incurred by the Seller to send the Order to the Delivery address indicated by the Customer;
“Delivery”: transfer to the Customer of the physical possession or control of the Article;
“Delivery Method”: means any standard or express Delivery method offered on the Site at the time of the Order;
“Party(ies)”: in the singular, the Seller or the Customer; in the plural, the Seller and the Customer;
“Price”: the unit value of a Good; this value is understood to be inclusive of all taxes and exclusive of Delivery Costs;
“Total Price”: the total amount of the cumulative Prices of the Goods that are the subject of the Order; this amount includes all taxes;
“All-Inclusive Price” means the Total Price plus the price of the Delivery Charges, which amount includes all taxes;
“Territory” has the meaning given to that term in Article 3.4;
“Transfer of Ownership” means the transfer of ownership of the Physical Property only after payment in full of the All-Inclusive Price;
“Validation of the Order”: meaning given to this term in Article 4.1;
“Online Sale”: marketing of the Seller’s Goods via the Site.
1.2. References to Articles are references to the Articles of the GTC, unless otherwise stated.
The purpose of the GCS is to define the rights and obligations of the Parties within the framework of the Online Sale of the Goods offered for sale by the Seller to the Customer.
3.1 To place an order on the Site, the Customer must be of legal age and/or have legal capacity and use this Site in accordance with the GTC.
3.2 The essential characteristics and Prices of the Goods sold electronically are available on the Site.
3.3 The GTC are applicable to all sales of Goods by the Seller through the Site.
3.4 The Items may be delivered to the following countries (the “Territory”):
Bosnia and Herzegovina
United Arab Emirates
Papua New Guinea
Syrian Arab Republic
Central African Republic
Republic of Moldova
Democratic Republic of Congo
Lao People’s Democratic Republic
Islamic Republic of Iran
Democratic People’s Republic of Korea
United Republic of Tanzania
Saint Pierre and Miquelon
Holy See (Vatican City State)
Svalbard and Jan Mayen Island
Trinidad and Tobago
Wallis and Futuna
3.5 The Customer shall be responsible for payment, customs duties or other local taxes or import duties or state taxes. These duties and sums shall be borne by the Customer and are his sole responsibility both in terms of declarations and payments to the competent authorities and bodies of his country. The Seller advises the Customer to obtain information on these aspects from the competent local authorities.
4.1 In order to complete the Order, the Customer must follow the following steps:
(1) Login to the Site ;
(2) Select the Good(s) and put them in the basket. In the event of prolonged inactivity during connection, it is possible that the selection of the Goods chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods from the beginning;
(3) Verify the Goods ordered (including their Price) and, if necessary, identify and correct any errors;
(4) Fill in the delivery and billing details, if applicable ;
(5) Select Delivery Mode ;
(6) Read and accept the GTC ;
(7) Verify the Order, the Total Price and the All-Inclusive Price, choose the method of payment and definitively validate the Order by agreeing to pay the price;
(8) Follow the instructions of the online payment server to pay the All-Inclusive Price (the “Order Validation”).
(9) The Customer shall then receive an electronic confirmation of acceptance of payment for the Order without delay.
4.2 The Customer shall also receive by electronic means and without delay an acknowledgement of receipt (the “Order Acknowledgement”).
4.3 The Customer shall receive confirmation of the dispatch of the Order electronically.
4.4 Delivery shall take place to the delivery address indicated by the Customer at the time of the Order.
4.5 The Seller undertakes to fulfil the Order only within the limits of available stocks of the Goods. If the Goods are not available, the Seller undertakes to inform the Customer.
4.6 However, in accordance with Article L. 122-1 of the French Consumer Code, the Vendor reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning payment of a previous order.
The payment of the All-Inclusive Price by the Customer is made by VISA or MASTERCARD or XXXXXX.
6.1. Delivery Method: the Customer chooses one of the Delivery Modes offered on the Site at the time of the Order.
6.2. Delivery Address: The Customer shall choose a Delivery address that is necessarily located within France (see article 3), failing which the Sales Order shall be rejected. The Customer shall be exclusively responsible for any failure to deliver the Products due to a lack of information at the time of placing the Sales Order.
6.3. Amount of the Delivery Charges: the amount of the Delivery Charges depends on the amount of the Order, the delivery method chosen by the Customer and the country of destination. For certain countries, it will be necessary to request the price of transport by clicking on a link. The Seller will then send another link by e-mail which will allow the Customer to complete his Order online. In any event, the amount of the Delivery Costs shall be indicated to the Customer before the Order is validated.
6.4. Delivery Times: Delivery Times depend on the Delivery Methods:
Normal transport: The Seller will use the services of the Post Office. Delays vary according to the place of delivery and the weight of the parcel, and are generally between 5 and 15 working days.
Express Transport: In this case, the Seller delivers via a carrier such as Fedex or UPS. Delivery times vary and depend on the place of delivery, but generally do not exceed 72 working hours.
For Special Items (in terms of size, volume, fragility…), specific conditions, particularly in terms of Delivery Time, may be agreed on a case-by-case basis.
Delivery times are in working days and correspond to the average time taken to prepare and deliver the Order.
Following the Order, the Seller shall communicate a tracking number to the Customer so that he can follow the progress of his Order.
6.5. Late Delivery: the Seller, to the best of its knowledge, informs the Customer by e-mail that Delivery will be late. The Customer may then decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by e-mail. In the event that the Order has not yet been dispatched when the Seller receives the Customer’s cancellation notice, the Delivery shall be blocked and the Customer shall be reimbursed any amounts debited within fourteen days of receipt of the cancellation notice. If the Order has already been dispatched, Galerie PJ cannot be held responsible for any delay in delivery that is not its fault.
6.6. Transfer of risks: as of Delivery, the risks affecting the Articles are transferred to the Customer.
6.7. Checking the Order on arrival and reservations: the Customer is required to check the condition of the packaging and the Articles on receipt. It is up to the Customer to express the reservations and claims that he considers necessary on the delivery note, or even to refuse the Article, when the Article is obviously damaged on Delivery.
The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of receipt of the Articles.
The Customer must also send a copy of this letter to the Seller and notify the Seller of any anomalies in the Delivery by e-mail (firstname.lastname@example.org). Failure to make a claim within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Items delivered to it correspond to the Order. In the event of non-compliance of the Items in kind or in quality with the specifications mentioned in the Delivery Note, the Customer must inform the Seller by e-mail (email@example.com) and return the Goods to the address indicated in Article 7.2.
7.1 The Consumer Customer has a right of withdrawal which he may exercise within a period of 14 (fourteen) calendar days following the date on which the Consumer Customer, or a third party other than the carrier and designated by the Consumer Customer, takes physical possession of the Article(s). In the event that this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended to the first following working day.
7.2 In order to exercise the right of withdrawal, the Consumer Customer must notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address :
Galerie PJ, 6 rue Mazelle – 57000 Metz (France) email: firstname.lastname@example.org,
7.3 The consumer Customer may, but is not obliged to, use the following model withdrawal form:
Attention: Galerie PJ. Simplified joint-stock company, with registered office at 6 rue Mazelle, 57000 Metz (France) – registered in the METZ Trade and Companies Register under number 882 217 003, with a capital of 10,000 euros – Tel: (33) 3 87 68 52 40 – email: email@example.com,
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of goods (*)/provision of services (*) below:
Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper)
Date (*) Delete as appropriate.
7.4 The consumer Customer who wishes to exercise his right of retraction must return the Article(s) within the aforementioned period, in its (their) original packaging, complete, new at the address indicated in Article 7.2. L(es)’. Article(s) returned without its (their) original packaging or incomplete, damaged or soiled by the Consumer Customer is (are) not taken back.
7.5 It will be up to the consumer Customer to keep any proof of this return, which supposes that the Customer(s)’. Article(s) must be returned by registered mail, or by any other means giving a definite date.
7.6 The Seller shall refund to the Consumer Customer the price of the returned Item(s) and the initial shipping costs (the costs of return shall be borne by the Consumer Customer) within 14 (fourteen) days of receipt of the Item(s) or of receipt of proof of shipment of the Item(s) (whichever is earlier). This refund shall be made using the same means of payment that the consumer Customer used for the Order, unless a different means of payment has been expressly agreed; in any event, this refund shall not incur any costs for the consumer Customer.
7.7. Products for which the right of withdrawal does not apply: in accordance with the provisions of Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to :
Items likely to deteriorate or expire quickly;
audio or video recordings or computer software when they have been unsealed by the consumer Customer after Delivery ;
newspapers, periodicals or magazines.
8.1. Consumer CustomerThe
Seller is subject to the legal warranty conditions provided for in Articles L.217-4; L.217-5 and L.217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Article L.217-4 of the French Consumer Code states: “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility. »
Article L.217-5 of the French Consumer Code states: “The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter. »
Article L.217-12 of the French Consumer Code states: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code states: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 1648 of the Civil Code states: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity. »
The foregoing provisions are not exclusive of the application of the legal guarantee for hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.
The consumer Customer may exercise his rights by sending his request to :
Galerie PJ, 6 rue Mazelle – 57000 Metz (France) email: firstname.lastname@example.org
When the Consumer Customer acts as a legal guarantee of conformity, he :
– has a period of two years from the date of delivery of the property to act;
– may choose between repairing or replacing the goods subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code ;
– he is exempt from furnishing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
The guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Consumer Customer may also decide to implement the warranty for hidden defects within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancelling the sale or reducing the sale price (Article 1644 of the Civil Code).
8.2. Professional CustomerThe
Seller’s guarantee, for all Articles, against all material and manufacturing defects, is for 12 months from the date of delivery. The Seller must be notified immediately in writing of any defect. The guarantee clause does not apply in the event of abnormal wear and tear due to faulty or negligent use, excessive stress or external causes. The guarantee does not cover any costs incurred in replacing defective Articles. In particular, the costs of labour, travel, storage, etc.
are excluded from the scope of the guarantee. The guarantee thus granted by the Seller is strictly limited to the above and is in particular exclusive of any compensation for any damage whatsoever, whether direct or indirect. In general, except in the case of fraud or gross negligence, the Vendor’s liability, engaged on any legal basis whatsoever, is limited to direct and foreseeable damage at the date of the Order Confirmation, and compensation by the Vendor for immaterial damage and/or indirect damage (such as, but not limited to, operating loss, damage to brand image, etc.) is excluded.
THE GOODS REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT OF THEIR PRICE. THE SELLER IS ENTITLED TO OBTAIN RESTITUTION OF THE GOODS IN CASE THEY ARE NOT PAID ON THE DUE DATE. THE CUSTOMER UNDERTAKES NOT TO PROCESS OR INCORPORATE THE PRODUCTS, NOR TO RESELL OR PLEDGE THEM UNTIL FULL PAYMENT OF THE PRICE, ON PAIN OF IMMEDIATE RECLAIMING OF THE PRODUCTS BY THE SELLER.
Should any of the provisions of the GTC be null and void, such nullity shall not entail the nullity of the other provisions of the GTC, which shall remain in force between the Parties.
Article 11 – Claims and amicable settlement of disputes
11.1. For any difficulty, the consumer Customer is invited to contact the Seller Galerie PJ, 6 rue Mazelle – 57000 Metz (France) email: email@example.comTél.: (33) 3 87 68 52 40 Only complaints relating to the Online Sale of the Articles will be taken into account.
11.2 In the event of a dispute that the Parties are unable to settle amicably and pursuant to the provisions of Article L. 612-1 of the French Consumer Code, the Consumer Customer has the right to use the services of a mediator free of charge in the event of a dispute.
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are the disputes defined in Article L. 611-1 of the said Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In the year following the Consumer Customer’s request to the Seller, the Consumer Customer may thus, pursuant to Article R. 616-1 of the Consumer Code, have his request examined by a mediator.
The Seller is a member of the Fédération du e-commerce et de la vente à distance (FEVAD) and the e-commerce mediation service (60 rue la Boétie 75008 Paris – firstname.lastname@example.org – http://www.mediateurfevad.fr). At the European level, the Consumer Customer may consult the http://ec.europa.eu/consumers/odr/ website in order to select the mediator of his choice. The consumer Customer may, at his own expense, be assisted by an adviser.
THE CGV ARE GOVERNED BY FRENCH LAW WITHOUT PREJUDICE TO THE APPLICATION OF THE LAW OF THE COUNTRY OF RESIDENCE OF THE CONSUMER CUSTOMER IN APPLICATION OF REGULATION (EC) NO. 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXCLUDED.
WITHOUT PREJUDICE TO THE PROVISIONS OF PUBLIC POLICY GOVERNING JURISDICTION OVER CONSUMER CUSTOMERS, ANY DISPUTE ARISING FROM THE FORMATION, INTERPRETATION OR EXECUTION OF THE GENERAL TERMS AND CONDITIONS OF SALE BETWEEN THE SELLER AND A PROFESSIONAL CUSTOMER SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THIRD PARTIES.