GENERAL TERMS AND CONDITIONS OF SALE
Between:
The company GALERIE 125, with a share capital of €240,000, registered with the Trade and Companies Register of Metz under number RCS Metz 484 333 455, represented by Mr Alexandre PAULUS, in his capacity as manager, duly authorised for the purposes hereof,
Galerie 125
8 rue de l'Église
57640 ARGANCY
France
Telephone: +33 3 87 73 30 94
Email: [email protected]
Website: https://galerie125.fr
Hereinafter referred to as "Galerie 125",
of the one part,
And any natural person or legal entity purchasing a work, an item or a product offered for sale by Galerie 125, whether the purchase is made on the website, at the gallery, by telephone, by email or by any other means accepted by Galerie 125,
Hereinafter referred to as "the Customer",
of the other part.
The following is set out and agreed:
Galerie 125 sells, in particular, works of art and related items: posters, paintings, drawings, lithographs, engravings, screen prints, books, sculptures, photographs and, more generally, any object or document related to the field of art.
The works offered may be original works, multiples, limited editions, posters, catalogues, books or artistic documents. They are described with the greatest care on the website or in exchanges with the Customer.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale set out the rights and obligations of the parties in connection with the sale of works of art, items and products offered by Galerie 125.
They apply to all sales made by Galerie 125, whether on the website https://galerie125.fr, at the gallery, by telephone, by email, by post or by any other means accepted by Galerie 125.
Any order implies the Customer's full, complete and unreserved acceptance of these General Terms and Conditions of Sale.
The applicable General Terms and Conditions of Sale are those in force on the date the order or payment is confirmed.
These General Terms and Conditions of Sale may be consulted at any time at the following address:
https://galerie125.fr/en/content/11-general-terms-and-conditions
Galerie 125 reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version on its website.
When placing an online order, the Customer confirms having read these General Terms and Conditions of Sale and accepts them without reservation by ticking the box provided for this purpose before confirming the order.
ARTICLE 2 – PRICES
The prices of works and products are stated in euros.
Prices displayed on the website include all taxes when the sale takes place within the European Union, unless otherwise stated.
Prices are stated exclusive of shipping and delivery costs, which are borne by the Customer and are specified before the order is confirmed when the order is placed online.
For products shipped outside the European Union or to certain territories subject to special tax regimes, the price may be stated exclusive of tax.
Customs duties, import taxes, clearance fees or other local taxes may be payable in the country of destination. These charges are borne solely by the Customer and are the Customer's sole responsibility. It is up to the Customer to contact the relevant authorities in their country to find out the amount and the terms.
Galerie 125 reserves the right to change its prices at any time. The applicable price is the one in force at the time the order is confirmed or the parties reach an agreement.
Delivery charges and terms are detailed on the following page:
https://galerie125.fr/en/content/1-deliveries
ARTICLE 3 – CONCLUSION OF THE CONTRACT AND ORDERS
For any online order, the Customer follows the steps indicated on the website:
selection of the work or product,
adding it to the basket,
entering the information required for the order,
choosing the delivery method when several options are offered,
accepting these General Terms and Conditions of Sale,
choosing the payment method,
final confirmation of the order.
A confirmation email is sent to the Customer once the order has been confirmed and payment or payment authorisation has been received.
For orders placed at the gallery, by telephone, by email or by post, the sale is concluded once the parties have agreed on the work, the price, any delivery charges and the payment method.
The sale is concluded subject to the actual availability of the work or product and to payment actually being received.
Galerie 125 reserves the right to refuse or cancel any order for a legitimate reason, in particular if the work is unavailable, in the event of an obvious error in the price or description, suspected fraud, a payment issue, an unusual request or a previous dispute with the Customer.
The Customer undertakes to provide accurate, complete and up-to-date information when placing an order, in particular regarding their identity, billing address, delivery address, email address and telephone number.
ARTICLE 4 – ITEMS AND WORKS SOLD
Galerie 125 offers for sale in particular posters, paintings, drawings, original lithographs, engravings, screen prints, books, publications, sculptures, photographs and other art-related items.
Works of art are original creations or multiples made by an artist, under the artist's supervision, by their representatives, publishers or successors in title, or in accordance with the customary practices of the art market.
Each work or product offered for sale is accompanied by a description enabling the Customer to learn its essential characteristics, in particular the artist, title, technique, dimensions, support, edition where applicable, general condition and price.
Illustrations and photographs are not contractually binding. They are intended to present the work or product as faithfully as possible, but may show variations due to lighting, screen display or shooting conditions.
Dimensions are given for guidance only. Unless otherwise stated, they refer to the dimensions of the support: the sheet, board, canvas, panel or any other support of the work.
The Customer is informed that certain works, particularly older, original, paper-based or framed pieces, may display particularities, signs of age, irregularities, fragility or distinctive features linked to their nature, technique, age or history. These elements form an integral part of the work when they are consistent with its description.
The availability of the works shown on the website is updated regularly. However, because they are often unique or produced in limited numbers, a work may on rare occasions become unavailable. In that case, Galerie 125 will inform the Customer as soon as possible and will refund in full all sums paid, without any further compensation.
ARTICLE 5 – RETENTION OF TITLE
The works, items and products sold remain the exclusive property of Galerie 125 until the price has been paid in full, including costs, taxes and accessories.
ARTICLE 6 – DELIVERY
6.1 Delivery terms
Works and products are delivered to the address given by the Customer when placing the order.
The delivery costs displayed on the website correspond to the rates usually applicable to standard shipments. Given the diversity of the works offered, and their dimensions, weight, value and fragility, the possible presence of glass, the way they are packed and the constraints specific to certain destinations, it is not practically possible to determine a specific shipping rate in advance for each work or product.
The delivery terms, options and rates usually applied can be viewed at the following address:
https://galerie125.fr/en/content/1-deliveries
Some works may require special packaging, a made-to-measure shipping crate, additional insurance, a particular mode of transport or the use of a specialist carrier. In such cases, Galerie 125 reserves the right to submit an additional quotation reflecting the actual cost of shipping. The Customer is free to accept or decline this quotation. If it is declined, the order may be cancelled and any sums already paid will be refunded in full.
Delivery times do not include the time needed for preparation, inspection, packing, any framing, or any other operation required to ship the work safely.
Shipments are handled by carriers selected by Galerie 125, in particular Colissimo, DPD, UPS, DHL, FedEx, or any other specialist carrier or logistics provider suited to the transport of works of art.
Where several shipping methods are offered, the Customer may state a preference regarding the delivery method or carrier. This preference is given for guidance only and does not constitute a contractual commitment on the part of Galerie 125.
The final choice of carrier rests exclusively with Galerie 125, which selects the most suitable solution according to the destination, weight, volume, value of the work, its fragility, logistical constraints, any customs constraints and the transport conditions available at the time of shipment.
Express shipments are carried out in particular via DHL, UPS, DPD or FedEx. The carrier is chosen by Galerie 125 in order to ensure the best conditions of safety, tracking and speed. Choosing express delivery therefore does not guarantee the use of a specific carrier.
Galerie 125 reserves the right to change the shipping method originally planned when it considers that another carrier, another type of packaging or another logistical solution offers better guarantees of safety, reliability or protection for the work.
Galerie 125 also reserves the right to refuse, postpone or cancel a shipment when it considers that the transport conditions do not allow the safety of the work to be ensured, in particular because of its nature, dimensions, fragility or value, the destination, regulatory restrictions, the absence of a suitable transport solution or any other legitimate reason related to the preservation of the work. In such a case, an alternative solution may be proposed to the Customer. Failing agreement between the parties, the order will be cancelled and any sums already paid will be refunded in full.
6.2 Guarantees and transport insurance
Galerie 125 takes particular care in the packaging and protection of the works it ships.
Galerie 125 may take out specific insurance, or insurance adapted to the transport of works of art, depending on the nature of the shipment, the value of the work, the destination and the terms offered by the carriers or logistics providers.
This insurance does not relieve the Customer of the obligation to check the condition of the parcel upon delivery and to make the necessary reservations in the event of any anomaly.
6.3 Receipt of parcels
Upon receipt of the order, the Customer is asked to check the condition of the parcel immediately and, where possible, its contents.
In the event of damage, a damaged parcel, an opened parcel, a missing parcel, visible deterioration or any other anomaly, the Customer must state precise, dated and signed reservations to the carrier at the time of delivery.
General statements such as "subject to unpacking", "packaging intact", "noted upon unpacking" or any imprecise wording may not be recognised as valid by the carrier or its insurer.
The Customer must inform Galerie 125 as soon as possible and provide any information useful for the handling of the claim, in particular photographs of the parcel, photographs of the packaging, photographs of the work, the transport waybill, the reservations made and any document provided by the carrier.
In accordance with Article L133-3 of the French Commercial Code, any substantiated protest must, where applicable, be sent to the carrier within the applicable legal time limits.
6.4 Delivery times
Delivery times are given for information only. They may vary depending on the destination, the carrier selected, customs formalities, logistical constraints, carriers' periods of activity or any event beyond the control of Galerie 125.
On request, Galerie 125 can provide an estimate of the delivery time depending on the chosen carrier and the destination.
In accordance with the applicable provisions of the French Consumer Code, in the event of late delivery for a sale concluded with a consumer, the Customer may, after having called upon Galerie 125 to deliver within a reasonable additional period, terminate the contract in the manner provided by law if delivery has not taken place within that period.
ARTICLE 7 – TRANSFER OF RISK
For consumer Customers, the risk of loss or damage to the work passes at the time when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the work.
For professional Customers, the risk passes as soon as the work is handed over to the carrier, unless otherwise agreed in writing between the parties.
ARTICLE 8 – PAYMENT
Payment is due at the time of order, unless otherwise agreed in writing between Galerie 125 and the Customer.
The Customer may pay for the order by any of the payment methods offered by Galerie 125, in particular bank card, bank transfer or any other payment solution available on the website.
Galerie 125 reserves the right to suspend or cancel any order in the event of a declined payment authorisation, a payment incident, suspected fraud, or total or partial non-payment.
The order will only be shipped once the total price, including delivery costs, has actually been received, unless otherwise agreed in writing.
ARTICLE 9 – RIGHT OF WITHDRAWAL
For consumer Customers residing in the European Union, the Customer has a statutory period of fourteen days from receipt of the work or product in which to exercise the right of withdrawal, without having to give any reason.
The right of withdrawal may be exercised by sending an unambiguous statement to Galerie 125:
by post to the following address:
Galerie 125
8 rue de l’Église
57640 ARGANCY
France
or by email to the following address:
After notifying its withdrawal, the Customer must return the work or product in its original packaging or in equivalent packaging providing adequate protection.
Return costs are borne by the Customer, unless mandatory provisions provide otherwise.
Returns are made at the Customer's expense and risk. Given the particular nature of works of art, it is recommended to use a secure, tracked and insured means of transport.
The work or product must be returned complete, in its original condition, together with all documents provided at the time of sale, in particular the certificate of authenticity, invoice, proof of purchase, provenance documents or accessories.
Works returned damaged, soiled, folded, creased, stained, marked or showing any deterioration attributable to the Customer may be refused a refund, or the refund may be reduced to reflect the loss in value observed.
Once the return has been received and checked, Galerie 125 will issue the refund in accordance with the applicable legal provisions.
For buyers located outside the European Union, sales are considered firm and final, subject to any mandatory provisions that may apply in the Customer's country.
ARTICLE 10 – LEGAL GUARANTEES
Galerie 125 is bound by the applicable legal guarantees, in particular the legal guarantee of conformity and the guarantee against hidden defects.
The consumer Customer benefits from the rights provided for by the French regulations in force.
The legal guarantee of conformity applies under the conditions set out in the French Consumer Code.
The guarantee against hidden defects applies under the conditions set out in Articles 1641 et seq. of the French Civil Code.
Any claim under these guarantees must be sent to Galerie 125, together with any element that allows the claim to be assessed: photographs, a precise description, the invoice, any certificate and any other relevant document.
ARTICLE 11 – COMPLAINTS
The Customer may send any complaint to Galerie 125:
by post:
Galerie 125
8 rue de l’Église
57640 ARGANCY
France
by email:
or by telephone:
03 87 73 30 94
Galerie 125 will endeavour to reply as quickly as possible.
ARTICLE 12 – FORCE MAJEURE
The performance of Galerie 125's obligations may be suspended in the event of force majeure within the meaning of French law, or of any event beyond its control that prevents or delays the normal performance of its obligations.
Galerie 125 will inform the Customer of the occurrence of any such event as soon as possible.
ARTICLE 13 – SEVERABILITY
If any clause of these General Terms and Conditions of Sale is declared null, unenforceable or unwritten, the remaining clauses shall remain fully applicable.
Any specific contractual amendment is valid only after written agreement between the parties.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
The personal information collected in connection with the order is necessary for processing it, issuing invoices, delivering the works and products, managing the customer relationship and complying with the legal obligations of Galerie 125.
Failure to provide the required information may make it impossible to validate or fulfil the order.
Personal data is processed in accordance with the applicable regulations, in particular the General Data Protection Regulation, GDPR.
The Customer has the right of access, rectification, erasure, objection, restriction of processing and, where applicable, the right to data portability.
The Customer may exercise these rights by sending a request to:
Galerie 125 undertakes not to sell or transfer its Customers' contact details to third parties for commercial purposes.
However, data may be passed on to the service providers needed to fulfil an order, in particular carriers, payment providers, IT providers or advisers of Galerie 125, solely to the extent necessary for them to carry out their duties.
ARTICLE 15 – GOVERNING LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the parties will first seek an amicable solution.
Failing an amicable agreement, the competent French courts will hear the case in accordance with the applicable legal rules.
ARTICLE 16 – COPYRIGHT IN WORKS OF ART
The author of a work remains the holder of the copyright attached to his or her creation, unless these rights are expressly assigned in writing.
The purchase of a work from Galerie 125 does not entail any transfer of the rights of reproduction, representation, distribution, adaptation or exploitation of the work.
The Customer's rights in the work acquired are limited to a right of material ownership and private use, unless the author, his or her successors in title or the relevant rights holders have given prior written consent.
The photographs, texts, descriptions, visuals and reproductions on the website https://galerie125.fr are protected. They may not be reproduced, distributed, sold, used or exploited by any means whatsoever without prior authorisation.
ARTICLE 17 – CERTIFICATE OF AUTHENTICITY
Galerie 125 may issue a certificate of authenticity, a certificate of provenance or any accompanying document, depending on the nature of the work and the information available at the time of sale.
This certificate attests to the facts known to Galerie 125 at the time of sale, in particular the provenance, the documents held, the invoices, the descriptions or the information provided by previous owners, publishers, rights holders or any experts.
Unless expressly stated otherwise, a certificate issued by Galerie 125 does not constitute a judicial, scientific or adversarial expert appraisal. It is an opinion on authenticity or provenance, drawn up on the basis of the information available at the time of sale.
ARTICLE 18 – NEWSLETTER SUBSCRIPTION
Customers or prospective customers may be subscribed to the Galerie 125 newsletter in order to receive information about new arrivals, offers, exhibitions, available works or gallery news.
Under no circumstances are email addresses sold or transferred to third parties for commercial purposes.
The Customer may unsubscribe at any time, either by clicking the unsubscribe link at the bottom of each email or by sending a request to Galerie 125 by email.
ARTICLE 19 – PAYMENT IN INSTALMENTS WITH ALMA
Payment in 2, 3 or 4 instalments is available through our partner Alma for eligible purchases, under the conditions displayed at the time of payment.
This payment facility is generally reserved for private individuals, being adults, who reside in the eligible geographic areas and hold a payment method accepted by Alma.
Approval of the financing is subject to Alma's acceptance. At the time of payment, the Customer is redirected to Alma's secure platform.
Should Alma refuse the application, the Customer will not be able to benefit from instalment payment and will have to pay for the entire order by another payment method accepted by Galerie 125.
Paying in several instalments via Alma may incur fees, which are clearly indicated when the payment is confirmed.
By choosing to pay via Alma, the Customer also accepts Alma's general terms of use, available at the following address:
The payment service offered by Alma is used for the settlement of purchases and the execution of payment, provided that the Customer accepts the instalment or deferred payment agreement offered by Alma.
Alma may charge fees according to the conditions applicable at the time of the transaction.
Any refusal by Alma to grant instalment or deferred payment may render the purchase agreement null and void, unless the Customer agrees to pay the purchase amount in full by another payment method accepted by Galerie 125.
In the event of cancellation of the sale, the instalment or deferred payment agreement concluded with Alma will be terminated automatically, in accordance with Alma's applicable conditions.
If the Customer withdraws from the instalment or deferred payment solution used for payment, the sale may be cancelled automatically, unless the Customer pays the purchase amount in full by another payment method accepted by Galerie 125.
If the artwork or product has already been shipped, the Customer must return it under the conditions set out in these General Terms and Conditions of Sale.
The Alma complaints page is available at the following address:
ARTICLE 20 – LANGUAGES AND LEGAL VALUE OF TRANSLATIONS
The Galerie125.fr website can be viewed in several languages in order to make its content more accessible to an international audience.
However, despite the care taken with automatic or manual translations of the texts, differences, inaccuracies or translation errors may remain.
Accordingly, the French version of the website, including all of its content, General Terms and Conditions of Sale, product pages, artwork descriptions, information, articles, communications and contractual documents, is the only version that is authoritative and legally binding.
The current French version of these General Terms and Conditions of Sale is available at the following address:
https://galerie125.fr/en/content/11-general-terms-and-conditions
In the event of any discrepancy in interpretation between the French version and a translated version, the French version shall prevail.
ARTICLE 21 – CONTACT DETAILS AND REFERENCES
Galerie 125
8 rue de l’Église
57640 ARGANCY
France
Telephone: +33 3 87 73 30 94
Email: [email protected]
Website: https://galerie125.fr
Metz Trade and Companies Register (RCS Metz) 484 333 455
Share capital: €240,000