General Terms & Conditions of Sale
Between Société Renaud Montméat Art d’Asie
36, rue Etienne Marcel, 75002 Paris, with a share capital of 8000 €, registered in the PARIS Trade and Companies Register, under the number SIRET 478 867 534 000 32
represented by Mr. Renaud Montméat in his capacity as manager, duly authorised for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Company Renaud Montméat Art d’Asie” or the “Seller” or the “Company
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer
On the other hand, it has been set out and agreed as follows:
Preamble
The Seller is a publisher of Products and Services for the sale of art objects to consumers, marketed through its Website accessible at https://montmeat-maurel.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General provisions
The present General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or of the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://montmeat-maurel.com/fr/conditions-de-vente/
The Company also ensures that their acceptance is clear and unreserved by putting in place a checkbox.
The Company also ensures that their acceptance is clear and unconditional by putting in place a checkbox and a validation click. The Client declares that he has read of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions.
The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer is suitable for his/her needs.
The Customer declares that he/she is legally able to contract under French law or validly represent the natural or legal person for whom he/she is contracting.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the websites are indicated in Euros including all taxes and are precisely determined on the pages describing the Products. They are also indicated in Euros, including all taxes (VAT + other taxes, if any) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated including all taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the authorities, etc.).
The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, delivery costs are also payable by the Client.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to place the order:
Information on the essential characteristics of the Product; Choice of the Product and, if applicable, its options Indication of the Customer’s essential details (identification, email, address, etc.); Acceptance of these General Terms and Conditions of Sale.
Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with the confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will entail the formation of this contract. Then, instructions for the payment of the products will follow, and the order will be delivered. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
During the ordering process, the customer will have the possibility to identify during the ordering process to identify and correct any errors made in the data entry. The languages offered for the conclusion of the contract are French or English.
The professional and commercial rules to which the author of the offer intends to submit can be consulted in the “General Sales Conditions” section of these GTC, which can be consulted on the website of the Seller’s website at the following address: https://montmeat-maurel.com/fr/conditions-de-vente/.
The archiving of the communications, the order, the details of the order, as well as the order details, as well as invoices, shall be archived on a reliable and durable medium so as to constitute a faithful and in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details.
The Seller reserves the right to refuse the order, for example for any request that is abnormal request, made in bad faith or for any legitimate reason.
Some items require a certificate and an export licence. Wherever possible we try to provide these documents at the time of the sale. However, it is possible that the application to the competent authorities has been filed without the documents being issued. The authorities reserve the right to return the documents after a period of 3 to 4 months from the date of the application. The customer will be informed at the time of sale of the status of the application and the expected date of reception of the documents. The customer will therefore be informed of the possible delay before delivery of the order is made. Under no circumstances can the sale be cancelled if the documents are not available at the time of the sale.
Article 5: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the available to the buyer on the Company’s website, as well as, where applicable, the how to use the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and specific conditions of sale and performance of the services before any services before any conclusion of the sales contract. In all cases, the total amount due by the the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order, which does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer at the time of sale, and in any case at the time of the order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not executed immediately, as to the delivery dates of the products or services. The customer will receive an email as soon as possible informing him/her of this delay. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the Seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated).
Article 6 Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with Article L.217-4, the Seller delivers goods in conformity with the contract and is liable for conformity at the time of delivery. He is also liable for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: by written request (preferably by email) or by telephone call.
Article 7: Retention of title clause
The products remain the property of Renaud Montméat Art d’Asie until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address indicated at the time of the order and within the the time limits indicated. Delivery times may vary depending on the location of the item purchased and the seller’s availability at the time of sale. An approximate delivery date will be indicated to the buyer at the time of the sale. These delivery times do not take into account the time required to prepare the order.
When the Customer orders several products at the same time, these may have different delivery have different delivery times.
In the event of a delay in shipment. In the event of a delay in delivery, the Customer has the possibility of cancelling the contract in accordance with the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point indicated in the order confirmation email in order to follow up the order. The Seller reminds that at the moment when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him.
It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 9: Availability and presentation
If an item is unavailable for more than 7 working days, you will be immediately informed of the foreseeable delivery time and the order for this item may be cancelled on request. The Customer may then request a credit note for the amount of the article or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for products in pre-order. The Customer may pay by bank transfer or by cheque. Delivery will only be organised once the total amount due has been received.
Article 11: Withdrawal period
In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to retract without giving any reason, within fourteen (14) days from the date of receipt of the order.
The right of withdrawal can be exercised by contacting the Company Renaud Montméat Art d’Asie. If the right of withdrawal is exercised within the above-mentioned period, the Customer will be responsible for the outward and return delivery costs. Products must be returned in their original condition and complete; if possible, they must be accompanied by a copy of the proof of purchase.
The items must be returned to the company’s headquarters: Renaud Montméat Art d’Asie, 36, rue Etienne Marcel, 75002 Paris. Refunds will be made after receipt and verification of the original condition of the item before shipment by the seller.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and of hidden defects of the products.
The Seller shall refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed.
The Seller reminds that the consumer must inform the Seller as soon as possible of the supposed non-conformity of the item. It should be noted that the items offered are generally old and therefore show wear and tear, alterations and repairs, which will be indicated as much as possible by the Seller. The buyer should ask the seller for additional information, photos and videos in order to have the best possible knowledge of the item. The seller will not refund the item if he considers that all possible information has been given to the buyer.
Article 13: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the contact details already given.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions laid down in Title I of Book VI of the Consumer Code.
In the event that the request for a complaint to the Seller’s customer service fails, or in the the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to obtain an amicable solution.
Article 14: Termination of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: – delivery of a product that does not comply with the characteristics of the order; delivery beyond the deadline fixed at the time of the conclusion of the sale. In these cases, the buyer may demand a refund of the amount paid.
Article 15: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the seller’s obligations under these GTC shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17: Invalidity and modification of the contract
If one of the stipulations of the present contract were to be null and void, this nullity would not entail the nullity of the other stipulations which would remain in force between the parties. Any modification contract shall only be valid after a written and signed agreement of the parties.
Article 18: Protection of personal data
For more information on the management of personal data and the rights of the Customer, the Customer is invited to consult the Personal Data Notice available on the website
Article 18: Applicable law and clauses
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
Article 19: Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within the year following the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the period of the guarantee that remained to run.
This period shall run from the date of the buyer’s request for intervention or from the time the goods in question are made available for repair.
Repair of the goods in question, if this availability is subsequent to the request for intervention.
Translation for convenience of the French version available on the French version of the site.
The French version prevails.