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General terms and conditions of sale

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Clause 1: Purpose and Scope

These general terms and conditions of sale ("Terms") form the basis of the commercial agreement and are systematically provided to each buyer to enable them to place an order.

The general terms and conditions of sale described below set out the rights and obligations of Mr. Yves Rovere and his client in connection with the sale of the following goods: Sculptures and paintings.

Any acceptance of the quote/purchase order, including the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale," constitutes the buyer's unreserved acceptance of these general terms and conditions of sale.

Clause 2: Price

The prices of the sculptures or paintings sold are those in effect on the day the order is placed. They are stated in euros, calculated net of taxes, exclusive of customs duties. They will be increased by the shipping costs applicable on the day of the order.

Mr. Yves Rovere reserves the right to modify his prices at any time. However, he undertakes to invoice ordered goods at the prices indicated at the time the order is recorded.

Clause 3: Discounts and Rebates

The prices offered include any discounts and rebates that Mr. Yves Rovere may grant based on his results or the buyer's assumption of certain services.

Clause 4: Early Payment Discount

No discount will be granted for early payment.

Clause 5: Payment Terms

Payment for orders is made either:

  • by check; or

  • by credit card on the website.

Clause 6: Late Payment

In the event of total or partial non-payment of delivered goods by the due date, the buyer must pay Mr. Yves Rovere a late payment penalty equal to three times the statutory interest rate.

The statutory interest rate applied is the one in effect on the date of delivery of the goods.

As of January 1, 2015, the statutory interest rate is revised every six months (Order No. 2014-947 of August 20, 2014).

This penalty is calculated on the total amount owed, including VAT, and accrues from the payment due date without any prior formal notice being required.

In addition to late payment penalties, any unpaid amount, including any deposit, will automatically incur a flat-rate indemnity of €40 for collection costs.

Articles 441-10 and D. 441-5 of the French Commercial Code.

Clause 7: Termination Clause

If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically terminated and may give rise to damages payable to the company... (company name).

Clause 8: Retention of Title Clause

Mr. Yves Rovere retains ownership of the goods sold until full payment of the price, principal and incidental costs, has been received. Accordingly, should the buyer become subject to receivership or judicial liquidation, Mr. Yves Rovere reserves the right to reclaim, within the collective proceedings, any goods sold and remaining unpaid.

Clause 9: Delivery

Delivery can only take place after full and irrevocable payment of the order, by one of the following means:

  • direct handover of the goods to the buyer;

  • notice of availability for collection in-store, addressed to the buyer;

  • delivery to the address designated by the buyer;

  • deposit of the goods at the location indicated by the buyer on the purchase order.

The delivery time indicated when the order is recorded is provided for information only and is not guaranteed in any way.

Consequently, any reasonable delay in the delivery of products shall not entitle the buyer to:

  • the award of damages;

  • the cancellation of the order.

The buyer bears full responsibility for the risk of transport.

In the event of missing or damaged goods during transport, the buyer must state all necessary reservations on the delivery note upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt addressed to Mr. Yves Rovere, failing which they will not be taken into account.

Clause 10: Force Majeure

Mr. Yves Rovere shall not be held liable if the non-performance or delayed performance of any of his obligations described in these general terms and conditions of sale results from a case of force majeure. Force majeure is understood to mean any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the French Civil Code.

Clause 11: Competent Court

Any dispute relating to the interpretation and performance of these general terms and conditions of sale is governed by French law.

Failing an amicable resolution, the dispute will be brought before the Commercial Court of Montélimar, 26, France.

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