General Purchasing Terms and Conditions
Preamble
Unless otherwise agreed with the vendor, the purpose of these General Purchasing Terms and Conditions (“GPTC”) is to stipulate the general provisions applicable to all purchases of works of art (hereinafter referred to as the “Work” or “Works”) made through ArtEra S.A.S.
Acceptance of the general purchasing terms and conditions
By purchasing a work through ArtEra, the purchaser acknowledges having taken note and accepted all of the General Purchasing Terms and Conditions detailed below and accepting them.
These GPTC constitute, together with the T & Cs, a binding agreement between ArtEra and the Purchaser.
ArtEra is capable of modifying its GPTC, so any potential purchaser is advised to consult them before making any purchase through ArtEra. The conditions which will prevail between ArtEra and the Purchaser are those in force at the time of purchase, namely, at the time when the purchaser communicates to ArtEra his acceptance of the proposed sale offer or formulates a counter-offer.
These GPTC supplement the general terms and conditions of use, which they do not replace.
These GPTC constitute, together with the T & Cs, a binding agreement between ArtEra and the Purchaser.
ArtEra is capable of modifying its GPTC, so any potential purchaser is advised to consult them before making any purchase through ArtEra. The conditions which will prevail between ArtEra and the Purchaser are those in force at the time of purchase, namely, at the time when the purchaser communicates to ArtEra his acceptance of the proposed sale offer or formulates a counter-offer.
These GPTC supplement the general terms and conditions of use, which they do not replace.
Sale Price
The Sale Price means the price paid by the Purchaser for the purchase of the Work, excluding VAT and/or any other taxes that may be applicable, and includes the ArtEra commission.
Reservation of ownership
The Purchaser only becomes the owner of the Work sold after full and effective payment of the Sale Price on receipt of the funds by ArtEra, and any commissions and taxes and/or fees that may be due.
Payment
The payment of the Sale Price and commissions and taxes and/or fees that may be due will be expressly made upon receipt of the purchase invoice. The Purchaser can be deemed to be in default if he does not make the payment within 72 hours of the conclusion of the purchase contract.
Payment can be made by credit card or by bank transfer in the currency in which the work was offered. Any bank charges and possible exchange charges will be borne by the Purchaser.
Payment can be made by credit card or by bank transfer in the currency in which the work was offered. Any bank charges and possible exchange charges will be borne by the Purchaser.
Purchaser commission
A commission equal to 10% (excluding taxes) of the Selling Price (net price perceived by the Seller) will be included in the Sale Price payable by the purchaser.
VAT
The Sale Price is understood to be exclusive of VAT, with any VAT payable by the Purchaser being added thereto.
Any VAT invoiced will only be refunded to non-residents of the European Union on condition that they make a written request within three days of the sale, and on presentation of the customs export document.
Any VAT invoiced will only be refunded to non-residents of the European Union on condition that they make a written request within three days of the sale, and on presentation of the customs export document.
Payment default
In the event of payment default within the period granted, ArtEra and/or the Vendor can pronounce the termination of the sale or file proceedings against the defaulting Purchaser for payment of amounts due for the Sale, plus interest, as well as damages.
In this event, ArtEra will have the option of revealing the name of the Purchaser to the Vendor, which the Purchaser acknowledges and accepts.
In this event, ArtEra will have the option of revealing the name of the Purchaser to the Vendor, which the Purchaser acknowledges and accepts.
Withdrawal
The Work can only be delivered after full payment of its price.
The Work can be shipped by a carrier at the Purchaser's expense as from full payment of the Sale Price.
The Work can be shipped by a carrier at the Purchaser's expense as from full payment of the Sale Price.
Viewing
In the event where the Work is sent for a viewing in a place accepted by the Vendor and the potential Purchaser, the costs inherent to the nail-to-nail safekeeping, transport and insurance of the Work until the withdrawal of the Work by the purchaser or upon return of the Work to the Vendor will be charged to the potential Purchaser.
Insurance and Liability
At the time of the viewing and as from the full payment of the Sale Price, commissions and eventual fees and/or any taxes by the Purchaser, the Work will be insured until it is withdrawn by the Purchaser or loaded by a carrier.
ArtEra will ensure the completion of the formalities concerning the taking-out of the insurance, which will be taken out on behalf of the Vendor at the declared value corresponding to the net to vendor price for the time when the agent shall have the Work in its custody, with the insurance premium being paid by the potential Purchaser, who will be responsible for any improper behaviour on his part or that of any person he has authorised to attend the viewing, with the exception of the agent.
ArtEra will ensure the completion of the formalities concerning the taking-out of the insurance, which will be taken out on behalf of the Vendor at the declared value corresponding to the net to vendor price for the time when the agent shall have the Work in its custody, with the insurance premium being paid by the potential Purchaser, who will be responsible for any improper behaviour on his part or that of any person he has authorised to attend the viewing, with the exception of the agent.
Export
The export of Works outside French territory and their importing into a third country may require obtaining authorisations and the payment of taxes. The Purchaser is responsible for carrying out these procedures and the payment of any amounts relating thereto.
Translations
The French version of the general conditions prevails over any version in a foreign language in the event of any discrepancy.
Conflict
In the event of conflict of the provisions of these general purchasing terms and conditions with the general terms and conditions of use, the provisions in question of the general purchasing terms and conditions shall prevail.
Governing law and competent jurisdiction
The Site, the Application, the T & Cs and GPTC and any contract concluded between a customer and ArtEra through the Site and/or the Application are governed by French law.
Any dispute concerning in particular the interpretation, performance, and validity of the GPTC and any contract concluded between the Customer and ArtEra through the Site or Application shall be subject to the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal.
Any dispute concerning in particular the interpretation, performance, and validity of the GPTC and any contract concluded between the Customer and ArtEra through the Site or Application shall be subject to the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal.