General termes of sales

The GALERIE 44 company is registered at the chamber of commerce under company register number: 80151604800015

INTRODUCTION

The Seller is performing a retail activity under the NAF code 4690Z and is offering a retail service through its website www.galerie44.com

The following conditions (thereafter referred as « Conditions ») are defined for the consumer buyers and professionals.

GALERIE 44 reserves itself the rights to adapt, modify at any time the following General conditions of sale. In case of modification, the present terms and conditions will be applied to each order at the time of the order.

ARTICLE 1 – DEFINITIONS

The terms used in these conditions of sale will have the meaning given to them hereafter:

Buyer: the physical person purchasing Products through the Site

Order: Purchasing Order on one or more Products and approved by the Seller in application of the Conditions

Email: a computerized document that a user type, sends or reads through an online network.

Internet: the world wide web of telecommunication, connected through computers and servers, to exchange messages, multimedia content, and files. It operates through a common protocol to carry messages divided into independent packets.

Partie(s): The Buyer and/or Seller

Product: goods offered on the Site by the Seller

Site/Store: Internet site accessible at the address www.galerie44.com on which the Seller offers Products to be purchased.

Seller: GALERIE 44 company, a limited liability company with a capital of €4000, registered at the commerce and company of Villefranche sur Saône, France, under SIRET 80151604800015 which head office is located at 159, montée du moulin 01480 FAREINS

ARTICLE 2 – OBJECT

The Conditions have the purpose of defining the rights and obligations of the Seller and Buyer in the framework of the sale of Products through the www.galerie44.com website.

ARTICLE 3 – SCOPE OF APPLICATION

The general Conditions of Sale are applied to each sale of Products by the Seller to the Buyer, through the website www.galerie44.com.

ARTICLE 4 – ORDER

The Buyer makes an Order through the Site www.galerie44.com.

All the contractual information is presented in English language.

The Buyer declares being aware of the Conditions prior to placing his order and recognizes that the validation of the Order implies the agreement to the terms.

The Buyer recognizes moreover that the General conditions of sale are permanently available allowing for their conservation and copy, in compliance with article 1369-4 of the Civil Code.

In order to place an Order, The Buyer has to provide the Seller with data concerning him and fill out the online form accessible on the Site.

The sell contract between the Seller and Buyer will be fulfilled at the payment of the order.

An invoice including all the products as well as the transportation information will be sent to the Buyer before payment.

The Buyer has to provide a valid email address when he fills out the lines about his identity.

All the products displayed on the site www.galerie44.com are available and stored in a safe location.

In the event a Product ordered would become unavailable, the Seller commits to inform the Buyer via email as soon as he is informed of this unavailability.

This unavailability implies the cancellation of the Order and the immediate refund to the Buyer, with a maximum term of fourteen (14) days of the price of the order if he has been charged already.

4.1 – MANUFACTURING AND RESTORATION

The order of customized furniture are placed via email. The average terms of manufacturing are 3 to 4 weeks. For any order, a down payment of 40% is required and the full payment before shipping.

ARTICLE 5 – PAYMENT AND PAYMENT SECURITY

The price of Products shown no the website pages correspond to the price all taxes included and without shipping fees.

For antiques and second-hand furniture, VAT should not apply, according to article 297 A of C.G.I, the prices shown are all taxes included.

The Seller reserves himself the right to change prices without prior notice, mostly in the case of a mistake in labeling or typing.

Of what follows, the prices shown at the moment of the purchase are the prices applicable to the purchase. Although the website is operated with great care, it is possible the prices include mistakes. The seller is not any case bound by the offer and reserves himself the right to cancel a purchase by the client when it includes mistakes.

Foreign currencies: the prices are shown in Euro
Payment of the order will be made by:

Wire transfer: Bank account details are send to you by e-mail to manage the wire transfer

Paypal : We charge 5% more to cover Paypal fees

ARTICLE 6 – DELIVERY

The Product will be delivered to the address given by the Buyer and shown on the invoice.

The Seller commits to delivering the Products indicated by the Buyer and stated in the invoice.

The Seller commits to deliver the Products object of the Order in the agreed terms on the invoice from the day following the validation of the Order. In case of a delivery set by appointment, the delivery terms depend on the availability of the transporter. The terms indicated of the site correspond to the laps of time between the departure of the parcel from our warehouses and the appointment.

You have to :


• Unpack the parcel in the presence of the deliverer. 
•  In case of anomaly, write down by hand your reservation having it signed by the deliverer. The reservation taken by the receiver at the delivery allow to take into account and prove the existence and importance of the damages. Make sure to be accurate and complete in the drafting.

• Inform GALERIE44 via email or registered letter within a three (3) working days following the delivery.

The buyer has to specifically notify any access difficulty for the Deliverer, that he might go through during delivery.

In case of being unable to deliver on the day of the Appointment because of inaccurate information, difficulty of access or passing not mentioned prior by the Buyer or in absence of the Client at the Appointment in violation of the commitment while agreeing on the contract, fees will be charged by the Seller, who will get in contact with the Buyer for the payment of these new delivery fees before any new delivery of the Product. If the deliverer is unable to deliver, the delivery fees and return will be at the charge of the Buyer. In case of non-payment of these fees, the Seller reserves himself the right not to proceed to the reimbursement of the product. The risk of damages resulting from these constraints will also be at the charge of the Buyer.

In case of delay in the delivery following the shipment of the Product, it cannot be entitled to liquidated damages, nor withholding nor cancellation of the order.

The return of Products or the reimbursement of the Buyer will happen according to the conditions under article 7 « Cancellation – Retraction - Reimbursement ».

ARTICLE 7: CANCELLATION– RETRACTION - REIMBURSEMENT

The right to retract doesn’t apply to physical persons. In compliance with law n° 2014-344 of March 17th of 2014 relative to consumption, the Buyer has a fourteen-day (14) term to return at his expense, the products which do not suit him, without any motive for his decision.

This term runs from the day the parcel is received by the Buyer.

Only Products sent in their entirety will be, complete and intact and fit to be resold.

The Seller will reimburse the Buyer in the legal term of fourteen (14) days (LOI n° 2014-344 du 17 mars 2014 relative to consumption).

To exercise cancellation rights of an Order, the buyer has to send an email prior to the seller and await for a confirmation of the cancellation.

The items returned which are incomplete, damages or stained by the client will not be accepted or exchanged.

Besides, in compliance with article L.121-20 of the consumption Code

The « tailor-made» orders or goods fitted specifically for the consumer exclude the possibility of retraction.

ARTICLE 8 – WARRANTY

The Buyer is specifically informed that the Seller is not the manufacturer of products displayed on the site and the seller declines any responsibility for flawed products. Therefore, in case of damages caused to a person or a good due to a flaw in the product, only the manufacturer is liable.

If the product received by the Buyer doesn’t match the Product appearing in the Order, this Product will be replaced or repaired, according to the wish expressed by the Buyer, except if the wish entails a disproportionate cost all things considered.

If the wish expressed by the Buyer cannot be executed in the term of a month following the claim, or if this repair or replacement are impossible, the Buyer will have the possibility to return the Product and to be reimbursed the price of the Product if the payment is already completed, or to keep the Product and to be reimbursed only a part of the price.

Besides, without giving prejudice to the right of retraction, cancellation and guaranty of conformity pre-stated, the Buyer benefits from a guarantee on the Product for hidden flaws as stated in article 1641 to 1649 of the Civil Code.

This guarantee are without any further charge for the Buyer. The return fees are at the charge of the Seller.

ARTICLE 9 – LIABILITY

The Seller is liable in full right to the Buyer of the good execution of the Order.

Nevertheless, the liability of the Seller will not be committed if brings proof of the non-execution or bad execution of obligations incumbent upon the Buyer, to unpredictable facts and unsurmountable from a third stranger to the service provision planned in the Conditions or due to major force cause.

The Seller shall not be liable for damages resulting from the fault of the Buyer while using the Product

The liability of GALERIE44 shall not be committed in case of non-compliance with the legislation of the country where products are delivered. It is incumbent upon you to check with your local authorities the possibility to import or use products and service that you wish to order.

ARTICLE 10 – INTELLECTUAL PROPERTY

All of the elements edited on the site, such as sounds, images, photographies, videos, writings, animations, programs, graphical charts, databases, software are protected by dispositions in the Civil Code of Intellectual Property and belong to the Seller.

The Buyer or any moral or physical person withholds the right to infringe upon to intellectual property rights related to these elements and mostly to reproduce, represent, modify, adapt, translate, extract and/or reuse qualitative or quantitative part to the exclusion of usual and necessary actions in their compliant and normal use.

The Seller forbids any opposition of hypertext link directing to the Site.

The Seller forbids any opposition of a deep hypertext link to the destination of the Site using the technique of transclusion.

ARTICLE 11 – PERSONAL DATA

The Buyer is informed that, during browsing and in the framework of his Order, data with a personal character concerning him are collected and treated by the Seller while enquiring about a product or order.

This data are not to be transmitted to a third party.

Complying with the « informatique et libertés» law of January 6th, 1978, modified in 2004, you benefit from a right to access and to rectify information involving you. You can exercise that right by contacting us at GALERIE 44 – 159, montée du moulin 01480 F-FAREINS, France.

You can also, for legitimate reasons, oppose to the treatment of information concerning you.

ARTICLE 12 – CONVENTION SUR LA PREUVE

It is specifically agreed that the Parties can communicate via email for the needs of Conditions, under the condition that technical measures for security to guarantee confidentiality of the data exchanged is put in place.

The two Parties agree that the emails exchanged between them prove in substance the content of the exchange, and if not, their commitment, mostly concerning the transmission and acceptance of the Orders.

ARTICLE 13 – PARTIAL INVALIDITY

If one or more of the stipulations of Conditions are judged illegal or null, this nullification will not have the effect of nullifying of other dispositions in Conditions, except if these dispositions are not dissociable with the invalidated stipulation.

ARTICLE 14 – LOI APPLICABLE

Conditions are under French Law

ARTICLE 15 – LITIGATION

Parties agree that in case of litigation that might arise from the execution or interpretation of the Conditions, they will strive to find an amicable solution.

In case this amicable solution intent fails of the dispute, it will be brought to the competent Courts.