General Conditions of Sale
The present general conditions of sale, which the Purchaser acknowledges having accepted, are applicable to any sale concluded by Laurent Granier, Gallery Granier Ancient (hereinafter GA), of which the location is established 21 rue Verderel 29250 Saint Pol de Leon, France.
1. The Buyer certifies the veracity of the information given as to his identity and certifies the lawful origin of the funds used for the payment of the price.
2- Any delivery times are only given for information and are not binding on GA.
Any delay in delivery cannot give right to compensation or to the termination of the contract except in the event of breach attributable exclusively to GA.
3- The Buyer is required to carefully examine the items before the sale is concluded, and, if necessary, to request extra photos or have them examined by an expert. No complaint or grievance generally whatsoever will be accepted after the conclusion of the sale, and a fortiori after delivery. The Purchaser also releases GA from the guarantee of hidden and apparent defects.
4- All GA invoices are payable to Laurent Granier by bank Transfer, cheque or cash on the date of the invoice, unless expressly stipulated in the invoice. Payment must be addressed to Laurent Granier at the address of GA stated above.
5- In the event of non-payment within the prescribed time limits, GA will be allowed from the due date, automatically and without prior notice, a late payment interest of 1% per month on the amount of the invoice, any month started being counted. In addition, a contractual flat-rate increase of 10% of the amount of the sums remaining unpaid, with a minimum of € 100 per object, will be due automatically and without formal notice. This compensation is intended in particular to cover extrajudicial and administrative costs caused by non-payment or late payment, compensation for the damage suffered as a result of the delay, in particular from the point of view of banking relations and the coverage of credit overruns incurred, without prejudice to the debit of all legal costs and expenses or to full compensation for the prejudice suffered if a greater prejudice can be justified by GA.
6- Orders placed by the Buyer and sales concluded are irrevocable and cannot be canceled. There is no right of withdrawal. In the event that, by way of derogation from this principle of irrevocability, GA accepts the termination of a sale or the cancellation of an order, the compensation for termination of the sale which will be due to GA by the Purchaser is fixed at a flat rate of 50% of the amount of the price, without prejudice for GA of full compensation for its damage if it can be justified for damage greater than the minimum fixed compensation.
7- Even after delivery, the goods sold will remain the property of GA until full payment. This implies that the sale will not be completed and that the ownership of the goods sold will only be transferred after full payment of the sale price including any interest, costs and contractual surcharges. As long as full payment has not been made, the Buyer is not authorized to pledge ownership the goods, to part with them, to sell them, to use them as security or to encumber them in any way. In the event of non-payment by the due date, the Purchaser may be required, on the first formal notice by GA to return to GA the goods which have been delivered. The return must be made at the premises of GA and at the expense of the Purchaser. In the event of non-return within 24 hours of the formal notice, the goods will be considered as being made available to GA which may take delivery of them and substitute for the Buyer a carrier whose costs will be borne by the Buyer.
8- Unless specific deadlines have been expressly agreed in writing, the goods sold must be collected, after payment, no later than 15 days after being made available to the Buyer. In the absence of payment and collection within these deadlines, GA will be entitled, without prior notice, and at its option, either to continue with the execution of the sale or to consider the sale to be automatically terminated. In the first eventuality, the goods will be stored for the account and at the expense and risk of the Purchaser in the stores of GA or with third parties. GA will charge the Buyer, in addition to the sale price, for all costs arising from this custody measure (with a minimum of 50 Euros per day without prejudice for GA to establish higher actual costs). In the second eventuality, article 6 of these general conditions will apply and the Purchaser will be liable for a fixed and irreducible termination indemnity equal to 50% of the sale price unless there is evidence of damage.
9- GA also reserves the right to consider the agreement as terminated as of right and without prior notice in the event of bankruptcy, notorious insolvency as well as in the event of any change in the Buyer's legal situation.
10- Unless expressly agreed in writing to the contrary, the objects are sold and delivered to the premises of GA and are legally in commerce in France. If they are transported in France or abroad, they are at the risk and expense of the Purchaser, who assumes all loss, damages to the piece, legal consequences, taxes, charges as well as customs or other formalities resulting from his desire to transport them in France, to export them outside of France or of the European Union. GA, if it intervenes in the transport only is as an agent of the Purchaser. Transport and other costs are, unless otherwise stipulated, covered or charged to the Buyer.
11. The description of the item sold is binding between the parties. The details relating to the origin or the history of the piece result from the elements provided by the original seller from whom the piece was acquired by GA and from GA provenance research. These mentions, even included on the invoice or other document related to the sale, are informative, do not form part of the description and only enter into the contractual field if it has been expressly and formally agreed between the parties in the special conditions mentioned on the invoice. Likewise, no additional document other than those expressly mentioned in the invoice may be required by the Purchaser, unless it has been expressly agreed between the parties in the special conditions set out in the invoice. In any event, no dispute linked to the description of the object, whatever the basis, cannot be taken into account if the said dispute results from scientific procedures or opinions which were not available or easily accessible at the time of the sale without risking damage to the object, and in no case more than six months after the sale.
12- In the event of a dispute, French law will be the only one applicable.