TERMS OF SALE
CLAUSE N° 1: PURPOSE
The general conditions of sale described below detail the rights and obligations of Claire Thibaud-Piton Rose Studio Art Gallery and her client in the context of the sale of artworks.
Any service performed by Claire Thibaud-Piton Rose Studio Art Gallery therefore implies the buyer’s full acceptance of these general conditions of sale.
CLAUSE N° 2: PRICE
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated all taxes included. Consequently, transport costs will be applicable on the day of the order.
Claire Thibaud-Piton Rose Studio Art Gallery reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated during the registration of the order.
CLAUSE N° 3: DISCOUNTS AND REBATES
The proposed prices include the discounts and rebates that Claire Thibaud-Piton Rose Studio Art Gallery would have to grant given its results or the assumption by the purchaser of certain services.
CLAUSE N° 4: DISCOUNT
No discount will be granted in the event of early payment.
CLAUSE N° 5: PAYMENT TERMS
Payment for orders is made:
- either by Bank Transfer
- either by credit card ;
When registering the order, the buyer must pay 100% of the total amount of the invoice.
CLAUSE N° 6: LATE PAYMENT
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Claire Thibaud-Piton Rose Studio Art Gallery a late payment penalty equal to three times the rate of legal interest.
The legal interest rate used is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the date of expiration of the price without any prior notice being necessary. In addition to the compensation for delay, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
CLAUSE N° 7: CANCELLATION CLAUSE
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may be entitled to the allowance of damages for the benefit of Claire Thibaud-Piton Rose Studio Art Gallery.
CLAUSE N° 8: RETENTION OF TITLE CLAUSE
Claire Piton-Thibaud Rose Studio Art Gallery retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a receivership or a compulsory liquidation, Claire Thibaud-Piton Rose Studio Art Gallery reserves the right to claim, as part of the collective procedure, the goods sold and remained unpaid.
CLAUSE N° 9: DELIVERY
Delivery is made:
- either by direct delivery of the goods to the buyer ;
- either by sending a notice of provision in store to the attention of the buyer
- either at the place indicated by the buyer on the order form
The delivery time indicated when registering the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the buyer:
- compensation for damages
- cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter AR.
CLAUSE N° 10: FORCE MAJEURE
The responsibility of Claire Thibaud-Piton Rose Studio Art Gallery cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
CLAUSE N° 11: COMPETENT COURT
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Paris Commercial Court.