Terms and Conditions of Sale

Montpellier, 23/02/2022

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PREAMBLE

The purpose of these General Terms and Conditions of Sale (hereinafter: “GTC”) is to define the terms and conditions of online sales offered on the Alfred website (hereinafter: the “Website”), as well as to define the rights and obligations of the parties in this context. The GTC are accessible at any time by a direct link at the bottom of the Site. They apply, without restriction or reservation, to all products offered for sale on the Site. Alfred reserves the right to modify at any time the present General Sales Conditions. In this case, the applicable conditions will be those in force at the date of the Buyer’s order. In the event of a translation of these General Terms and Conditions of Sale into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.

1. OBJECT OF THE CONTRACT

The purpose of the Alfred Website is to present works of art (hereinafter: the “Products”) offered by an artist, a gallery or a merchant (hereinafter: the “Seller”) to the users of the site whether they are individuals or professionals (hereinafter: the “Buyer”). The terms and conditions also govern the Services offered to Buyers independently of online sales (hereafter: the “Services”).

Buyers can discover the Products on the Alfred Site and purchase them online directly from the Seller. Sales made through the Site are concluded directly between the Buyer and the Seller. Alfred is not a reseller of the Products offered by the Sellers through the Website. Alfred acts as a simple intermediary within the framework of the provision of the Site allowing the setting in relation of the Sellers and the Buyers. Consequently, Alfred is not a party to the sales contract which is concluded solely between the Buyer and the Seller, who is solely responsible for the obligations arising from it.

In some specific cases, when the Buyer would like to benefit from Financing Services presented on the Website, Alfred can substitute itself to the Seller by acquiring the Product from the Seller in order to resell it to one of Alfred’s financial partners in case of financing by lease with purchase option.

2. SITE OPERATION AND CONTACT

The Website is operated by SARL Alfred, registered in the Montpellier Trade and Companies Register under number 890970874, whose head office is located at 1 place Christophe Colomb, 34000 Montpellier (hereinafter referred to as “Alfred”). Alfred can be contacted at the following coordinates, especially for any complaint:

  • Postal address: Alfred, 1 place Christophe Colomb, 34000 Montpellier
  • Phone number: +33 (0)9 80 65 47 10
  • E-mail address: contact@alfred-art.com

3. ACCEPTANCE OF THE GENERAL CONDITIONS

3.1 Legal capacity

The Site and the Services are accessible:

  • Any natural person with full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the consent of his or her legal representative.
  • To any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.

3.2 Acceptance of the general conditions

The acceptance of the present general conditions by the Buyer is materialized by a box to be ticked during the order. This acceptance can only be full and complete. Any qualified acceptance shall be deemed null and void. A Buyer who does not agree to be bound by these terms and conditions should not place an order on the Site.

4. PRODUCT CHARACTERISTICS

The Products are offered for sale by artists, galleries or merchants on the Website, Alfred ensuring the intermediation between the Seller and the Buyer and assisting them in the communications that may be necessary between them.

Prior to any online order and in application of the provisions of Article L111-1 of the French Consumer Code, the Buyer may take note on the Site of the characteristics of each Product he/she wishes to order. The price and essential characteristics of each Product are described in a product sheet on the Site and provided by the Seller. Sellers agree to provide accurate information about the Products offered for sale.

The photographs and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on the Seller for what is specifically stated.

The Buyer is however informed and accepts that certain characteristics of the Products and in particular their colors may not correspond exactly to the photographs presented on the Site, due to technical constraints.

5. ORDERS

Any Buyer wishing to purchase Products online on the Site must log in to his/her Customer Account. The Buyer must select the Product(s) of his/her choice and place them in his/her shopping cart. He can access the summary of his basket at any time as long as the order is not definitively validated. Before confirming his order, the Buyer must check the information contained in the summary of the order, correct any errors in the elements entered, consult the terms and conditions and the delivery charges. The Buyer must read and accept the General Terms and Conditions of Sale by clicking on the validation button. Once the order is validated by the Buyer, it is transmitted to Alfred’s teams.

Unless expressly provided for on the Site, the Customer may not modify his or her order after it has been validated, which shall be firm and final.

At the end of his order, the Buyer receives by e-mail a confirmation of the order which summarizes the essential characteristics of the Product(s) ordered, the total price and the conditions of delivery. This e-mail will also indicate a tracking number for the Customer’s order. By placing an order on the Site, the Buyer will be able to access his invoice that the Seller will have previously downloaded in the Customer area.

In case of absence of an invoice on the Customer space, the Buyer must contact Alfred at the address mentioned in Article 2. Alfred recommends that the Buyer keep the information contained in the order confirmation. The order confirmation is deemed to be received by the Buyer when it can be accessed.

The Seller also reserves the right not to accept or to cancel the order of any Buyer who would have provided erroneous information, who would not proceed to the payment of the Products, with whom would exist a dispute relating to the payment of a previous order or who would present an abnormally high level of order.

6. AVAILABILITY OF PRODUCTS

The Products are offered for sale on the Site by the Seller, subject to their availability. The sales contract concluded between the Buyer and the Seller is subject to the resolutive condition that the Product is available or that its offer is accepted. The Buyer will be informed by e-mail of the availability of the work, of the acceptance and validation of his order within 48 hours. In the event that the Product is no longer available, an e-mail informing the Buyer will be sent within 48 hours, resulting in the cancellation of the order.

In the absence of confirmation of the availability of the Product(s) and of the order within the above-mentioned period, the contract concluded between the Buyer and the Seller is automatically terminated and each of the parties is released from its obligations.

7. SALE PRICE

The selling prices of the Products displayed on the Site are set by the Seller. They are indicated in Euros, all taxes included. For any delivery in France or in the European Union, the delivery is offered. For deliveries to overseas territories and outside the European Union, delivery charges will be calculated according to the characteristics of the Products and the delivery address and will therefore be invoiced in addition to the sale price. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.

Outside the European Union and in the French Overseas Departments and Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to the Seller. These duties and taxes, the exact amount of which cannot be determined in advance and of which it is therefore not possible to inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or formalities relating thereto.

8. PRICING AND PAYMENT TERMS

The Buyer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of the price of the Products under the conditions mentioned above. The payment of the totalitý of the price must be realized́ during the order. At no time, the sums paid can be considered as deposits or down payments. Payment is madé online by the Buyer at the time of ordering. The Buyer guarantees that he/she has the necessary authorizations to use the chosen payment method.

Orders can be paid online using one of the following payment methods:

  • Payment by credit card: the payment is made directly on the secure bank servers of Alfred’s bank, the Buyer’s bank details do not pass through the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties. The Buyer’s order is validated upon acceptance of payment by the bank. The Buyer’s account will be debited with the corresponding amount only when the data of the credit card used has been verified and the debit has been accepted by the bank that issued the credit card. The impossibility of debiting the amounts due will result in the immediate nullity of the sale. In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
  • Payment in installments: our partner Crédit Agricole Consumer Finance offers a financing solution that allows you to pay for your purchases from 150€ to 2.000€ in 2, 3 or 4 installments with your bank card. For more information on this solution, please consult the specific 3xCB Terms and Conditions.
  • Payment by bank transfer: the Buyer can pay his order by bank transfer. At the time of the order, Alfred will communicate the details of the account on which to make the transfer, as well as the order reference to be indicated in the transfer order.
  • Payment by Paypal e-wallet: if the Buyer already has an account on the e-wallet used by Alfred, the Buyer can use this account and pay his order safely without communicating his bank details.

The Buyer may also choose any other payment solution that would be proposed on the Site at the time of the order.

Alfred reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any amount due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud related to the use of the Website. Penalties of an amount equal to 1.5 times the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment. Purchase invoices will be sent by the Seller once payment has been made.

Each Seller retains full ownership of the Products it has sold until full payment has been received. In case of non-payment of the totality of the price, the sale will be automatically cancelled, and the work will be put back on sale on the Alfred website.

9. SERVICES FOR THE BENEFIT OF BUYERS

Independently of the possibility to buy Products according to the above described modalities, the Buyers can ask for financing solutions from Alfred’s financial partners.

Alfred has developed financing solutions and services with financial partners directly accessible from the Site.

For professional Buyers (companies, liberal professions…), thanks to its partnership with FranFinance of Société Générale (the “Lessor”), Alfred offers lease financing solutions: lease with purchase option (hereafter: “LOA”). In case of lease financing (LOA), the general LOA conditions of the Lessor will apply and must be accepted by the Buyer at the time of signing the said LOA contract. The LOA contract will be concluded between the Buyer and the Lessor. Financing offers are always subject to acceptance by our financial partners.

10. DELIVERY

The delivery of the Products ordered on the Site will be made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned. Delivery is possible all over the world. Shipping costs are free for all deliveries in France and in the European Union. Delivery costs are at the expense of the Buyer for deliveries outside of metropolitan France and outside of the European Union. In this case, different delivery methods may be possible, depending on the categories of Products and their weight. The Buyer will be informed before the validation of his order of the mode of delivery, the carrier and the expenses of delivery. The Buyer shall provide all information necessary for the effective delivery of the Product.

The carrier(s) selected by Alfred will take care of the packaging of the Products according to strict and precise specifications that will ensure optimal protection of the artwork during the entire transport and until the actual delivery of the artwork for any artwork whose value is equal or superior to 5.000€, all the necessary precautions to ensure the safety of the artwork during the transport and to avoid any damage to the artwork during the delivery. The obligations concerning the delivery of the order, namely the respect of the announced deadlines, the quality of the packaging of the work, the protection in case of damage of the work during transport, as well as the conformity of the work, are the sole responsibility of the carrier(s) selected by Alfred, and Alfred cannot be held responsible in case of failure of the carrier. The Buyer is obliged, upon receipt of the order, to check the condition of the work, and to express any reservations in writing and without delay, at the latest within 48 hours, to the carrier.

The carrier undertakes to send the order to the Buyer as soon as possible, i.e. within 14 to 21 working days following the order. For any question relating to the delivery, the Purchaser can contact directly the carrier whose coordinates will be communicated to him in the e-mail of confirmation of order.

11. RETENTION OF TITLE AND TRANSFER OF RISK

The Seller remains the exclusive owner of the Products ordered on the Site until the full price of the Products has been received by the Seller.

12. RIGHT OF WITHDRAWAL

Pursuant to Article L121-21 (Law of March 17, 2014 relating to consumption) of the Consumer Code, the Buyer has a period of 14 working days, from the date of receipt of the Products ordered, to withdraw without having to give reasons or pay penalties, except for the return costs which remain at his expense and which he will have to pay. The Buyer who wishes to exercise his right of withdrawal for one or several Products must contact Alfred and submit a statement clearly expressing his will to withdraw and including the identification of the Product concerned. Alfred will then deal with the Buyer’s request for withdrawal and will proceed to reimburse the Buyer within 14 days following the date on which Alfred was informed of the Buyer’s right of withdrawal.

The Products must be returned to the Seller in their original packaging, without undue delay and no later than 14 calendar days following the communication by the Buyer of his desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. Buyer shall be deemed responsible for any deterioration of the Products upon their return to Seller. The Buyer will be reimbursed as soon as possible and at the latest within 14 days from the date of effective receipt by the Seller of the request for withdrawal of the entire amount paid for his order, less any return shipping costs, which remain the responsibility of the Buyer. However, Alfred reserves the right to defer this reimbursement until the effective recovery of the Products by the Seller.

The return shipping costs are at the charge of the Buyer. The Buyer remains free in the choice of the carrier. Nevertheless, Alfred will advise him a carrier specialized in the transport of works of art.

Concerning the professional Buyers, the Article L121-16-1 of the Code of consumption extends the rules applicable to the relations between consumers and professionals and stipulates that the right of retraction between professionals is applicable only when the three following cumulative conditions are respected

  • The contract must be concluded off-site,
  • The subject matter of the contract must not fall within the company’s core business,
  • The number of employees in the company must be less than or equal to 5.

The professionals who do not respect the above-mentioned cumulative conditions do not have the right of withdrawal.

The buyer must send a letter of withdrawal by e-mail or by mail according to the model suggested below:

To the attention of Alfred Customer Service1 Place Christophe Colomb, 34000 Montpellier

Name, first name,company (if professional)
Address
Postal code
City

Date of order
Order number
Invoice number
Total amount including VAT

Place and Date

Subject: Purchase cancellation

Madam, Sir,

I have purchased (indicate the product(s) purchased) on your platform, and I wish to take advantage of my right of withdrawal, in accordance with the provisions of Article L121-18 and following of the Consumer Code.

I have sent you the item in question and would therefore like to ask you to refund the full amount paid within 14 days.

Yours sincerely

[Signature]

13. LEGAL GUARANTEES

The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-conformity and the guarantee of hidden defects. The Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the thing sold, including the defects of conformity resulting from the packing of the Products ordered on the Site. If the Buyer notices that the delivered Product has a defect, a lack of conformity or is damaged, he/she must inform Alfred. The customer must indicate to Alfred the nature of the defect, the non-conformity or the damage found and send him any useful proof, notably in the form of a photograph(s). Alfred will ask the Seller to organize the modalities of the return, of which he will inform the Buyer through the messaging system. Seller shall bear the cost of such return. The Products must be returned to the Seller in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products that do not comply with the terms and conditions described above will not be accepted.

The Seller will proceed to the necessary verifications and will propose the replacement of the Product as far as possible. If the replacement of the Product is impossible, the Buyer will be reimbursed the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which the Seller will have informed the Buyer of the impossibility of replacing the Product. This refund will be made by Alfred, under his sole responsibility. Alfred can also propose to the Buyer alternative solutions to reimburse the price of the Products and the shipping fees.

The Buyer must inform Alfred, through the e-mail or at the coordinates indicated in Article 2, in case of lack of response from the Seller within 3 working days following the sending of an e-mail by the Buyer.

14. OBLIGATION OF PURCHASERS

Without prejudice to the other obligations set forth herein, Purchasers agree to comply with the following obligations:

  • The Buyer, if he is a professional, is solely responsible for the implementation of the right of resale if he decides to proceed later to the resale of the work.
  • The Buyer is solely responsible for the accuracy, completeness and updating of the information he/she provides to Alfred for the purpose of implementing the Services, in particular his/her contact information.

15. ALFRED’S RESPONSIBILITY

Alfred commits to regularly check the functioning and accessibility of the Website. Alfred reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, Alfred cannot be held responsible for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

16. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Alfred within the Website are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of Alfred are strictly prohibited and may be subject to legal proceedings.

17. ADVERTISING

Alfred reserves the right to insert on any page of the Website and in any communication to the Buyers any advertising or promotional messages in a form and under conditions that Alfred will be the sole judge.

18. FORCE MAJEURE

The existence of a case of force majeure can suspend the execution of the contract or, if it is definitive, lead to the resolution of the sale. Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals, i.e. an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures. The party invoking force majeure must immediately notify the other party, as well as of its disappearance

19. PARTIAL NULLITY

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain all their force and scope.

20. DISPUTE, APPLICABLE LAW, MEDIATION

The present general conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Montpellier shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.

The Buyer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute concerning the execution of the present contract between the Buyer and Alfred, under the conditions provided for in Articles L611-1 and following and R152-1 and following of the Consumer Code.

To this end, he/she may contact the following consumer ombudsman:

Center for Mediation and Amicable Settlement of Judicial Officers (Medicys)

Effective date: 01/03/2022.