GENERAL TERMS AND CONDITIONS OF SALE
1/ GENERAL INFORMATION
FRANÇOIS LÉAGE S.A.S. is a company specialising in the retail trade of second-hand objects in a store. The relationship between François Léage S.A.S. and the buyer is subject to the present general terms and conditions of sale. The present conditions are intended for a natural or legal person who has full legal capacity.
The website www.francoisleage-youngcollectors.com is the property of François Léage S.A.S. who is the holder of the intellectual property rights, excluding the rights attached to the photographs, which belong to Mr Thomas Hennocque, and excluding the rights attached to the creation of the website, which belong to com360.com. The website www.francoisleage-youngcollectors.com carries out sales of movable objects by electronical way only and on the Internet network. These sales comply with the legislation in force in France concerning sales by electronic means.
The following General Terms and Conditions of Sale (hereafter “GTC”) govern all sales made between the seller and the buyer via the www.francoisleage-youngcollectors.com website. These conditions apply to all these sales with the exception of sales carried out in the François Léage gallery. The GTC can be consulted by everyone and can be downloaded at any time free of charge.
The present conditions are not applicable to products sold on ANTICSTORE.
2/ SALES CONTRACT
A° The artworks are presented on the seller’s website with a description and image(s) so that any Internet user can form an opinion on the quality of the object offered, its main characteristics and its price.
B° The information relating to the artwork resulting from descriptions, reports, labels and indications, including indications given on the existence of a restoration, an accident or an incident affecting the object are only the expression by FRANÇOIS LÉAGE S.A.S. of its perception of the object, but cannot characterise the proof of a fact.
C° The absence of indication of a restoration, accident or incident in descriptions, reports, labels or verbally, in no way implies that the artwork is free of any present, past or repaired defect. The other way around, the mention of any default does not imply the absence of any other default.
D° The buyer selects the artwork(s) he wishes to acquire.
E° The buyer then decides whether he wishes the purchase to be delivered to him at the address of his choice through an external service provider or whether he wishes to take delivery himself, by collecting it from François Léage Gallery at a specific date and time window. Before collecting his artwork from François Léage Gallery, the buyer shall contact the seller to agree on a date and time window.
F° The buyer shall then determine the terms of payment that he intends to use and shall proceed to the said payment.
G° After confirming his choice, the buyer certifies that he has read and accepted the GTC.
H° The seller sends a confirmation of purchase to the buyer.
I° In the event that the same artwork is the subject of two or more simultaneous acquisitions, the contract of sale will be concluded exclusively with the first buyer. In this case, the other buyer(s) will be informed of the failure of the transaction and their account will be re-credited up to the amount of their payment.
3/ THE PRICE
A° The sale price is fixed beforehand by the seller. It is mentioned in the description of the object in euros (€) including all taxes.
B° The sale price does not include delivery costs. Delivery costs are determined according to the means of delivery chosen by the buyer, the address of the recipient, the characteristics of the artwork.
C° The price cannot be subject to any modification and is non-negotiable, unless otherwise agreed with the seller.
4/ TAXES AND IMPORTATION
A° Potential buyers are informed that in some countries the importation of artworks is subject to prohibitions or restrictions or requires a permit to import. It is up to the buyer alone to take the necessary steps to obtain information relating to imports and, where applicable, to apply for and obtain the licences and/or permits necessary for the import of the artworks he intends to acquire.
B° Customs duties, taxes and other import duties are the sole responsibility and at the exclusive charge of the buyer. Where applicable, the buyer is responsible for their declaration, payment and all related procedures.
C° FRANÇOIS LÉAGE S.A.S. shall not incur any liability if the purchaser is unable to obtain the licence or import permit for the artwork it has acquired or if, for any reason whatsoever, the artwork is seized, confiscated or sequestered by a government entity or other public authority due to the purchaser’s shortcomings, in particular if the purchaser has not complied with the applicable regulations in this regard.
A° The payment of purchases made on the website www.francoisleage-youngcollectors.com is made by bank transfer or by PayPal, using a secure payment. The buyer has the choice between the following credit cards: Visa, MasterCard or American Express. FRANÇOIS LÉAGE S.A.S. does not have access to the buyer’s confidential banking information under any circumstances. Only the chosen bank operator or PayPal have access to these information which therefore remains accessible to third parties.
B° The buyer is debited with the price of the artwork purchased, all taxes included. This price does not include the delivery costs which could be charged by external service providers for the transport of the works.
6/ DELIVERY OR COLLECTION FROM THE GALLERY
During the validation of his purchase on the seller’s website, the buyer indicates the delivery method he wishes for each objects. All possible costs relating to transport and delivery will be charged to the buyer, unless the buyer chooses the “Withdrawal from the Gallery” method.
No object will be handed over to the buyer or his representative until full payment has been received. The presentation of the identity card of the buyer and, if applicable, of his representative, as well as the paid invoice for the objects is required when the objects are handed over.
The buyer shall inform the seller when he wishes to collect the objects by proxy: his representative shall present his identity document, his proxy and a copy of the buyer’s identity document as well as the paid invoice for the objects when they are handed over.
A° The buyer may choose the delivery method of his choice. It is up to the buyer to transmit to the carrier of his choice all information necessary for the delivery to be made as soon as possible.
B° If the buyer chooses his own carrier, he selects on the website the delivery method “Collection from the Gallery” and contacts the seller to inform him of his choice. FRANÇOIS LÉAGE S.A.S. cannot be held responsible for the obligations incumbent on any transport company.
C° The seller allows the buyer to be put in contact with the external service provider Convelio on its website. When he chooses this method of delivery “via Convelio”, the buyer will notify this during the purchase phase on the seller’s website. FRANÇOIS LÉAGE S.A.S. cannot be held responsible for the obligations incumbent on Convelio S.A.S.
D° Sold object is made available to the buyer or the carrier within a reasonable period of time. The seller undertakes to inform the buyer of the said period.
6.2/ WITHDRAWAL AT THE GALLERY BY THE BUYER
A° The buyer may choose the “Withdrawal at the Gallery” delivery method: he shall contact the seller to agree on a collection date and time window, then he shall collect his object at François Léage Gallery on the date and at the time window determined.
B° The seller specifies to the buyer the time from which the object will be available for withdrawal at the gallery.
7/ RIGHT OF CANCELLATION
A° In accordance with the legal provisions in force, the buyer has a period of 14 days from the withdrawal of his object to exercise his right of cancellation without having to justify his reasons or pay a penalty. After communication of his decision to exercise his right of cancellation within this 14-day period, the buyer has another 14-day period to return the object concerned by his cancellation. The postmark of the post office or proof of shipment via a carrier must be provided to the seller by the buyer. The terms and conditions for exercising the right of cancellation shall run from the withdrawal of the object concerned by the cancellation.
B° The buyer may exercise his right of cancellation by informing FRANÇOIS LÉAGE S.A.S. of his wish to retract without any ambiguity, in particular with regard to the object concerned by this cancellation.
C° In the event of exercising the right of cancellation within the mentioned period, the buyer is responsible for the cost of returning the object and the value of the returned object. The object must be returned in the exact condition in which it was at the time of its delivery to the buyer by the seller. In the event of depreciation of the object, the buyer will be obliged to compensate the seller for the damage and, where applicable, the buyer may be held liable. The return is made on presentation of a copy of the purchase invoice and the buyer’s identity document.The amount of the compensation and the means of payment for the object shall be decided by the seller on a case-by-case basis.
D° In the event of exercising the right of cancellation, if the returned object is considered to be in its original condition by the seller, the seller shall refund the amounts paid within 30 days from the date of receipt of the object subject to cancellation.
A° The seller undertakes to deliver a quality service to the buyer. Nevertheless, any buyer has the possibility to inform the seller, within 7 days of receipt of the object, of any complaint concerning the latter. The buyer may indicate that he has not received the object or that the object does not conform to his request.
B° According to the rules governing these GTC, it is the buyer’s responsibility to give the seller formal notice to fulfil its commitments within a reasonable period of time.
8.1/ DETERIORATION OF THE OBJECT
The seller shall not be liable if the object or part of the latter is delivered to the buyer in a condition that does not conform to the condition in which they were acquired. FRANÇOIS LÉAGE S.A.S. cannot be held responsible for the obligations incumbent on any transport company.
9/ PERSONAL DATA
A° The buyer’s personal data is used solely for the purpose of processing online purchases on the www.francoisleage-youngcollectors.com website.
B° The seller undertakes to ensure the security of the buyer’s personal data that it collects for the completion and follow-up of orders.
C° Any person registered with FRANÇOIS LÉAGE S.A.S. has the right to access and rectify any personal data provided to FRANÇOIS LÉAGE S.A.S. under the conditions of the Law ofJuly 6th, 1978, brought into conformity by the General Data Protection Regulation (GDPR), with the European regulation of April 27th, 2016, directly applicable in all European countries since May 25th, 2018.
10/ PARTIAL NULLITY CLAUSE
If one or more provisions of these GTC can be held to be invalid pursuant to a law or a decision of a competent court, this shall not result in the inapplicability of the other stipulations, which shall remain in full force and effect.
11/ APPLICABLE LAW
French law alone governs these GTC. Any protest relating to their existence, validity, opposability and execution will be decided by the competent court of the jurisdiction of Paris (France).