General terms and conditions of sale
Updated on 6 October 2020
SCOPE OF APPLICATION
The present general conditions of sale apply to all sales concluded by the company Nathalie Béreau acc&v, 8, rue Honoré de Balzac, 37000 Tours, registered in the Tours Trade and Companies Register, under the number 479 292 542 00038, represented by Mrs Nathalie Béreau in her capacity as manager duly authorised for the purposes hereof, with non-professional buyers wishing to acquire goods offered for sale on its website www.nathaliebereau.com.
The goods offered for sale are original, unique or limited edition works of art, as well as artists’ books.
The validation of the order by the buyer and its payment implies full and unreserved acceptance of these General Terms and Conditions of Sale (GTS).
The works are sold in very good condition unless otherwise stated. All the works presented are guaranteed authentic and delivered with a certificate of authenticity upon request of the buyer. This certificate describes the work with precision and guarantees the authenticity of the signature when it is handwritten. The photographs and descriptive notes of the works published on www.nathaliebereau.com may contain errors or omissions and are not contractual.
In case of doubt, do not hesitate to ask us for further information. Additional photographs are available on request.
Nathalie Béreau acc&v cannot be held responsible in the event of an error or omission in the drafting of a descriptive notice or on a photograph of a work published on the www.nathaliebereau.com website. Only the certificate of authenticity issued is authentic.
All prices are NET in EUROS (EUR). The Company Nathalie Béreau acc&v reserves the right to modify its prices at any time in the future.
Payments are only accepted in EUR.
The availability of the works is indicated on the descriptive sheet presented on the site. In certain cases specifically mentioned, the availability of the works must be confirmed before the validation of the order. It is possible that certain works may require a production delay (photographic print, art print for example) or a specific quote for transport. In this case, the buyer is invited to contact Nathalie Béreau acc&v to know the production delays.
The works are generally available in limited numbers, numbered and signed by the artist, or even in a single copy. The works are proposed within the limit of available stocks and for those not stocked by us, within the limit of their availability with the artists. The unavailability of one or more works cannot engage the responsibility of Nathalie Béreau acc&v.
All orders are firm and final. In order to be admissible, any modifications or cancellations requested by the buyer must be sent by email before the goods are dispatched.
CONCLUSION OF THE CONTRACT ON LINE
In accordance with the provisions of article 1127-1 of the Civil Code, the buyer must follow a series of steps to conclude the contract electronically in order to be able to complete his order:
– Information on the essential characteristics of the goods,
– Choice of the goods, if any, of its options,
– Indication of the essential details of the buyer (identification, email, address…),
– Acceptance of these General Terms and Conditions of Sale,
– Checking the control elements and, if necessary, correcting errors.
Before confirming the order, the buyer has the possibility to check the details of the order, its price, and to correct any errors, or to cancel the order. Confirmation of the order will result in the formation of this contract.
Afterwards: following the instructions for payment, payment for the goods, then delivery of the order.
The buyer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
He will receive a .pdf copy of these General Terms and Conditions of Sale if he so wishes. The terms and conditions of the offer are archived on the seller’s website.
The language proposed for the conclusion of the contract is French.
MEANS AND TERMS OF PAYMENT
Payment is made in cash prior to shipment of the order by credit card or via Paypal or bank transfer. Shipment is made after confirmation of receipt of payment and only on working days from Monday to Thursday. The seller undertakes to inform the buyer of all necessary information concerning the shipment.
PROTECTION OF PERSONAL DATA
No banking information is saved on the www.nathaliebereau.com website. With each purchase, the buyer is required to re-enter his/her bank details. All information concerning personal data is indicated in the RGPD.
The archiving of communications, order details and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.
The transfer of ownership takes place after full payment of the goods in accordance with law n° 80-335 of 12 May 1980.
TRANSPORT, CUSTOMS and INSURANCE
For the goods delivered, the delivery will be made to the address indicated by the buyer. For the purposes of proper execution of the order, the buyer undertakes to provide these true identification details. The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The cost of sending the purchased goods is the responsibility of the buyer added to the selling price. The goods are sent by La Poste (Colissimo suivi) or Fedex. Packaging and transport are provided by us and the cost of insurance is included in the shipping costs.
Where applicable, the payment of customs taxes and customs clearance fees upon arrival of the package in the country of destination is the responsibility of the buyer and under his entire responsibility.
DELIVERY TERMS AND CONDITIONS
It is up to the buyer to notify the carrier of any reservations about the goods delivered. In the event of failure or damage, it is up to the buyer to make all the necessary reservations to the carrier within the legal time limits (from 48 hours to 7 working days depending on the destination, see the carrier’s GTC, which alone are authentic).
IMPORTANT: The seller reminds you that when the buyer takes physical possession of the goods, the risks of loss or damage to the goods are transferred to him.
In the event of a delivery error, non-conformity of a work of art with the certificate of authenticity, claims must be made by email within 8 days (14 days for buyers in France and the EEC) of receipt of the parcel. In case of a return request, the shipping costs will then be at the charge of Nathalie Béreau acc&v, who undertakes to replace the work as soon as possible subject to availability, failing to proceed to its reimbursement within 7 days upon receipt of the package.
RIGHT OF RETRACTION
Any request to exercise the right of withdrawal must be made by email within 8 days (14 days for buyers in France and EEC) of receipt of the package. In accordance with the provisions of article L 221-5 of the Consumer Code.
Refund: the purchase price minus return postage, additional costs of packaging, insurance and possible customs duties will be credited to the buyer’s account within 7 days of receipt of the package.
RETURN OF GOODS
No returns will be accepted without prior agreement. After agreement (justified complaint or exercise of the right of retraction), we will ask you to replace the works with all the usual precautions for unique or limited edition works in their original packaging, the return instructions for transport will then be provided. In the event of loss or deterioration of the original packaging, the buyer must provide equivalent packaging under his own responsibility. However, we will be able to provide replacement packaging at the buyer’s expense in order to secure the return of the works.
Works that have been damaged or soiled due to the negligence of the buyer will not be taken back. We reserve the right to have the package opened by a bailiff at the expense of the buyer for the purpose of ascertaining, in the event of obvious negligence in the packaging of the works.
The responsibility of Nathalie Béreau acc&v will not be implemented if the non-execution or delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
All texts and images reproduced on the www.nathaliebereau.com website are reserved under copyright and intellectual property law and for the entire world. For this reason and in accordance with the provisions of the Intellectual Property Code, they may only be used for private use subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under the Intellectual Property Code unless prior authorisation is obtained from Nathalie Béreau acc&v.
CLAIMS AND MEDIATION
If necessary, the buyer may submit any complaint by contacting the company by email at Contact or by telephone at T +33(0)679712644.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he or she may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event of failure to make a complaint to the seller, or if there is no response within two months, the consumer may submit the dispute to a mediator who will make an independent attempt to bring the parties together with a view to obtaining an amicable solution.
APPLICABLE LAW AND JURISDICTION CLAUSE
All our sales are subject to French law whatever the country of residence of the buyer, the place of placing the order or the place of delivery.
Only the GTC written in French will prevail, if necessary, over any other foreign language version or any other contradictory document in the event of a dispute.
In the event that one of the terms of our GTC is deemed invalid, void or inapplicable for any reason whatsoever, this term will be considered as autonomous and will not affect the force and scope of the other terms of our GTC.
In the event of a dispute, the buyer will first contact Nathalie Béreau acc&v to obtain an amicable solution.
Any dispute relating to the interpretation of these GCS will, in the absence of an amicable agreement, be the exclusive competence of the Commercial Court of Tours.
The liability of Nathalie Béreau acc&v will, in any case, be limited to the amount of the order.