GENERAL SALES TERMS AND CONDITIONS

 

Date of the version : 02/02/2020

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These Terms and Conditions of Sale (hereinafter referred to as "GCS") exclusively govern the contractual relations between the company GALERIE DES LYONS, SASU registered with the R.C.S. of Paris under No. 338 047 525, whose headquarters office is located at 9 rue de Beaune – 75007 Paris (hereinafter referred to as “GALERIE DES LYONS”), and its customers (hereinafter referred to as the “Purchaser”).

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They take precedence over any general conditions of purchase of the Buyer and more generally over any document issued by the Buyer.

 

The online sale of the Products presented on the Site is open to Buyers wishing to be delivered in France. For all orders and delivery requests outside France, you will need to contact the company GALERIE DES LYONS SASU (simplified single shareholder company) directly by mail, email or phone. When confirming its order on the Site, the Buyer will be invited to accept these Terms and Conditions by ticking the box "I have read and I accept the terms and conditions of sale".

If the Buyer does not subscribe to and fully accept the provisions of these Terms and Conditions, no order may be placed. Any order made by the Buyer, in his capacity as consumer, is deemed not to fall within the scope of a commercial, industrial, craft, liberal or agricultural activity.

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1. DEFINITIONS

• Buyer: means any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and any legal person who does not act for professional purposes, having created an Account and accepted these Terms and Conditions.

• Artisan / Craftsman: means any natural or legal person with a quality craftsmanship of the Products offered on the Site.

• Customer account: means the account created by the Buyer via the GALERIE DES LYONS Website.

• Order: means Products ordered by the Buyer

• Personal data: means any information relating to a natural person that enables him or her to be identified directly or indirectly.

• Product: refers to all products offered for sale by GALERIE DES LYONS.

• Price: means the price of any tax included (TTC) proposed by GALERIE DES LYONS for the Product in question, to which may be added various costs such as delivery costs.

• Site: refers to the website of the LYONS GALLERY available at https://www.en.galerie-des-lyons.fr and https://www.galerie-des-lyons.fr.

• GALERIE DES LYONS: means the company GALERIE DES LYONS, a simplified joint stock company with a single partner registered with the R.C.S. of Paris under number 338 047 525, whose registered office is located at 9 rue de Beaune – 75007 Paris.

• User: means any visitor of the Site, professional or particular, client or not of GALERIE DES LYONS.

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2. OBJECT

The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in connection with the sale of the Products proposed by the GALERIE DES LYONS to the Purchaser.

They are communicated to the Buyer during the validation of his order and are freely accessible to any user of the Site.

They are applicable as soon as they are posted on the Site and are enforceable against the Buyer as soon as they are accepted.

They shall prevail over any other document, and in particular over any general conditions of purchase.

These Terms and Conditions apply only to purchases made by Buyers located in France and delivered exclusively within the territory of metropolitan France.

GALERIE DES LYONS reserves the right to modify its Gtcs from time to time.

GALERIE DES LYONS will make available to the Purchaser the latest version of the GTC on the Site and will provide a copy of this version if requested by the Purchaser.

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3. CUSTOMER ACCOUNT

In order to open an Account on the Site, the Buyer will provide certain information (surname, first name, company, postal address and email etc.) and will have to choose a password.

The Purchaser will receive an email confirmation from GALERIE DES LYONS containing the identifier (email address of the Purchaser) and the confidential password.

The Buyer’s password is both confidential and personal and is used under the sole responsibility of the Buyer.

Any action and/or connection and/or order made and/or placed with this password is deemed to be carried out by the Buyer. In the event of loss of its password, the Purchaser must notify GALERIE DES LYONS without delay, and complete the password modification procedure proposed on the Site.

 

4. ORDER

4.1 Order made by the buyer

All orders must be placed by the Buyer on the Site.

To place an order on the Site, the Buyer adds the Products he wishes to order to his shopping basket.

By clicking on the "YOUR CART" icon, a summary of his order as well as the all taxes price included of the Product he wants to order will appear on the screen.

The Buyer will be able to estimate the shipping costs by designating the country and postal code in which he wishes to be delivered and obtain the information relating to the delivery of his order.

Depending on the Designated Country and the postal code indicated, several delivery options will be offered.

The Buyer will then choose the delivery method he wants and depending on this choice, the price will appear on the screen.

After clicking on the “PAYMENT” icon

To place an order, the Buyer will be asked to identify himself if he has not done so previously or, if he does not already have an Account, to provide a certain amount of information (E-mail for order confirmation, first name, last name, company name, Address, apartment, suite, floor, etc., city, country, region, postal code, telephone).

After having identified itself, the Buyer will have the possibility to indicate a delivery address different from that of invoicing.

He will then choose the payment method he wants and a summary of his order will then appear on the screen.

The Purchaser will then be invited to consult these Terms and Conditions and accept them by checking the box “I accept the Terms and Conditions, Privacy Policy and Return Conditions”.

The order can be validated only if you have accepted these Terms and Conditions.

The Buyer must then proceed with the payment of his order and click on the validation icon "Order" to finalize his order.

The "validation click" is an electronic signature.

This electronic signature shall have the same value between the parties as a handwritten signature.

Any click of validation constitutes an irrevocable commitment of the Buyer that cannot be called into question.

Once the order is completed, GALERIE DES LYONS sends an email to the Buyer with a summary of its order and invoice. This email is an acknowledgement of receipt of the order by GALERIE DES LYONS and is the starting point for the deadlines indicated on the site.

 

4.2 Refusal of order

The company GALERIE DES LYONS reserves the right to refuse any Order in the event of:

Exceedance of specified control ceilings, namely:

• Order of more than 30 kg. In "standard delivery"

• Order more than 60 kg. In «Express delivery»

• Order exceeding a total amount of 3,000 € all taxes included (including taxes)

• Existing dispute with the Buyer;

• Total or partial non-payment of a previous Order by the Buyer;

Refusal of authorization of payment by bank card of the payment agencies; Abnormal character of the latter, in particular in the case of Order for quantities and/or amounts unusual for a final consumer.

 

5. PRODUCTS

5.1 Product information

Information on various catalogues and electronic media (electronic documentation, interactive catalogue, Site, newsletter, management notices, notices and advertising materials) are as faithful as possible but are given only for information purposes and may be modified at any time without notice.

Photographs illustrating the Products on the Site do not fall within the scope of the contract. Therefore, the responsibility of GALERIE DES LYONS cannot be incurred in any case if errors or alterations resulting from the processing of these photographs have entered there.

GALERIES DES LYONS would especially like to remind its customers a major part of the Products offered on the Site are handcrafted by Artisans and craftsmen and that some of these Products can be made on demand.

Also, each Product is unique and cannot be identical to the visuals presented on the Site.

GALERIES DES LYONS makes its best efforts to provide a description of the characteristics of each Product and the minor modifications to be made due to the artisanal manufacture of the Products.

 

5.2 Product availability

The Products are offered on the Site within the limits of available stocks.

In case of unavailability of a Product ordered by the Purchaser, GALERIE DES LYONS will inform the Purchaser as soon as possible and will inform him of the period within which the Product unavailable should be again carried out by the Artisan.

The Buyer will then have the possibility to cancel the order of the Product unavailable and request the refund of the sum paid at the time of this order, which must intervene at the latest within 30 days of its payment.

The cancellation of the order for this Product and its eventual refund will then be made by GALERIE DES LYONS, the rest of the order remaining firm and final.

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6. PRICING AND INVOICING

Prices are expressed in euros and are understood, unless otherwise stipulated all taxes included (hereinafter referred to as "TTC").

If the Buyer does not provide an intra-Community value added tax number (hereinafter referred to as VAT), the VAT is invoiced by GALERIE DES LYONS in accordance with the tax provisions in force on the date of invoicing. It being specified that the applicable VAT is that of the country of delivery of the Product.

Prices can be changed at any time by GALERIE DES LYONS.

The price guaranteed to the Purchaser is the price displayed on the Site at the time of placing its order.

The prices indicated do not include participation in the delivery and handling costs, which will be charged in addition and indicated in the order confirmation and invoice addressed to the Buyer.

They also do not include any additional costs (special packaging, gift wrapping, etc.).

Once the order has been validated, GALERIE DES LYONS will send the Purchaser an invoice relating to its order electronically to the email address indicated by the Purchaser at the time of its order.

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7. METHODS OF PAYMENT

The placing of the order implies its payment by the Buyer.

Payment of the entire Price must be made upon order.

The payment methods accepted by GALERIES DES LYONS are as follows:

• Online by credit card, via a secure system using SSL (Secure Soket Layer) in such a way that the information transmitted is encrypted by software and that no third party can read it during transmission on the network;

• Bank transfer.

The payment of the order cannot under any circumstances be the subject of any compensation with any sum due by GALERIE DES LYONS to the Buyer.

The debit of the credit card will take place following the validation of the order. It being specified that in case of split delivery of the order, the amount of the order will be charged in full upon its validation.

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8. DELIVERY

8.1 General information

Delivery means the transfer to the Buyer of the physical possession or control of the Product.

The delivery of the Products will take place in metropolitan France or by withdrawal of the order in store.

In the event of exceeding the indicated period, or, in the absence of indicated period, beyond 30 days after the conclusion of the order, the Buyer may resolve the sales contract with GALERIE DES LYONS under the conditions laid down in article L.138-2 of the Consumer Code if, after a written request from the Buyer by email to GALERIE DES LYONS at LB@galerie-des-lyons.fr, the latter has not delivered the Product within a reasonable period of time.

The Buyer may immediately terminate the contract if GALERIE DES LYONS refuses to deliver the goods or if it fails to fulfil its obligation to deliver the goods within the reasonable period of grace and the date or period indicated constitutes an essential condition of the contract which was brought to the attention of GALERIE DES LYONS at the time of the order.

In case of contract resolution, GALERIE DES LYONS will reimburse the Undelivered Products and related costs to the Buyer within 14 (fourteen) days of the date of resolution of said contract.

Regardless of the delivery method chosen by the Purchaser, it is up to the Purchaser to check on delivery the Product ordered and in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product.

If he finds any anomalies, he must issue, at the time of delivery to the delivery agent, written, precise and dated reservations describing the defects noted. These reservations must also be addressed, with the order number, to the carrier by registered letter with acknowledgement of receipt to the carrier within 3 (three) working days of delivery of the Products, under penalty of foreclosure. A copy of this letter, together with the order number and invoice, should be sent to GALERIE DES LYONS on the same day by e-mail to the following address: Galerie des Lyons, 9 rue de Beaune, 75007 Paris, France and by email to: Lb@galerie-des-lyons.fr.

If no reservation is expressed in these conditions, the delivery will be deemed to comply.

The Purchaser must keep the packaging and delivery slip of the delivered Product. In the event of an error on the Product, the Buyer may return the Product concerned according to the terms and conditions described in Article 13.

 

8.2 Delivery in metropolitan France

The Products ordered will be delivered to the address indicated in metropolitan France by the Buyer at the time of the order. The Purchaser shall ensure its accuracy.

Any parcel returned to GALERIE DES LYONS due to an incorrect or incomplete delivery address will be forwarded at the Buyer’s expense.

The delivery costs are the responsibility of the Buyer and are communicated to him when choosing the delivery method of his order.

The delivery slip of the carrier, signed by the Buyer, will constitute proof of delivery of the Product.

Except in cases of major forces or during the periods of closure clearly announced by GALERIE DES LYONS, the Products in stock are dispatched within seven (7) days following the date of registration of the order, indicated on the summary email of the order addressed to the Buyer.

In the event that the Product is not in stock, GALERIES DES LYONS will inform the Purchaser of the period within which the Product should be shipped, it being specified that some Products require a period of several weeks for the Artisans / craftsmen to complete.

The risk of loss or damage is transferred to the Buyer upon delivery of the goods to the carrier.

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8.3 Withdrawal in store

When the Buyer has selected the option «Withdrawal in store», it benefits from a free delivery in the shop GALERIE DES LYONS.

GALERIE DES LYONS will inform the Buyer by email, at the address indicated by the Buyer at the time of his order, of the availability of his order in store.

Except in cases of major forces or during the periods of closure clearly announced by GALERIE DES LYONS, the Products in stock are available in store within 48 (forty) hours following the date of registration of the order, indicated on the summary email of the order addressed to the Buyer.

In the event that the Product is not in stock, GALERIES DES LYONS will inform the Purchaser of the period within which the Product should be available in store, it being specified that certain Products require several weeks of completion by the Artisan.

The Buyer will have a period of 15 (fifteen) days to recover his order.

In order to withdraw the order, the Buyer must present his identification and confirmation of the order.

 

8.4 Delivery outside Metropolitan France (rest of the world)

The buyer must contact the Galerie des Lyons by phone (+33 6 83 85 1273) or by Email (Lb@galerie-des-lyons.fr) in order to be delivered outside Metropolitan France (rest of the world).

The Products ordered will be delivered to the address indicated by the purchaser by e-mail at Lb@galerie-des-lyons.fr at the time of the order. The Purchaser shall ensure its accuracy.

Any parcel returned to GALERIE DES LYONS due to an incorrect or incomplete delivery address will be forwarded at the Buyer’s expense.

The delivery costs are the responsibility of the Buyer and are communicated to him when choosing the delivery method of his order.

The delivery slip of the carrier, signed by the Buyer, will constitute proof of delivery of the Product.

Except in cases of force majeure or during the periods of closure clearly announced by GALERIE DES LYONS, the Products in stock are dispatched within seven (7) days following the date of registration of the order, indicated on the summary email of the order addressed to the Buyer.

In the event that the Product is not in stock, GALERIES DES LYONS will inform the Purchaser of the period within which the Product should be shipped, it being specified that certain Products require a period of several weeks for the Artisans to complete.

The risk of loss or damage is transferred to the Buyer upon delivery of the goods to the carrier.

 

9. PROPERTY RESERVE

The transfer of ownership of the Product takes place only from the receipt of the full payment of the price.

In the event of default or late payment of the price, GALERIE DES LYONS reserves the right to claim the return of the delivered Product.

The Purchaser undertakes to return the delivered Product, the payment of which fails, at its expense, at the first request of GALERIE DES LYONS.

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10. WARRANTIES

10.1 Commercial warranties

The Products are declared to comply with the various European standards in force by the manufacturers.

The guarantees on the goods sold by GALERIE DES LYONS are those given by the manufacturers of the said goods. They are transmitted to the Buyer with the Product upon delivery.

 

10.2 Warranty against latent defects

Regardless of the commercial guarantee, GALERIE DES LYONS guarantees the Buyer against any hidden defect arising from a defect in the design of the Product, with the exception of any negligence or fault of the Buyer pursuant to Articles 1641 and following of the Civil Code (reproduced below).

The action to guarantee hidden defects must be brought by the Buyer within two years of the discovery of the defect.

The Buyer may choose between resolving the sale or reducing the sale price.

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• Article 1641 of the Civil Code: « The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use to which it is intended, yes which reduces this use so much that the buyer would not have acquired it, or would have given it only a lesser price, if he had known it ».

 

• Article 1644 of the Civil Code: « … the purchaser has the choice to return the item and have the price returned to him or herself, or to keep the item and to have part of the price returned, as it will be arbitrated by experts ».

 

• Article 1648 1st paragraph of the Civil Code: « The action resulting from the temporary defects must be brought by the purchaser within two years of the discovery of the defect ».

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10.3 Legal warranty of conformity

GALERIE DES LYONS is also the guarantor of the Buyer’s compliance with the Products enabling it to make a request under the legal guarantee of conformity under articles L.217-4 and following of the Consumer Code (reproduced below).

GALERIES DES LYONS would like to remind the Buyer that a major part of the Products offered on the webite are handcrafted by Artisans / craftsmen and that some of these Products can be made on demand.

Also, each Product is unique and cannot be identical to the visuals presented on the Site and could present, due to their artisanal manufacture, shades of hues, finishes, dimensions etc. compared to the visuals presented on the Site.

The Buyer has a period of two years from the date of issue of the Product to formulate his request under the legal guarantee of conformity. He must send this written request by registered mail with acknowledgement of receipt to GALERIE DES LYONS.

The Purchaser may choose between repairing or replacing the property, subject to the cost conditions laid down in article L.217-17 of the French Consumer Code.

The Purchaser is exempt from reporting evidence of non-compliance if the defect occurs within six months of the issue of the property.

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• Article L.217-4 of the French Consumer Code: « The seller delivers goods in accordance with the contract and responds to defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from the packaging, the installation instructions or the installation when the latter has been charged by the contract or has been carried out under its responsibility ».

 

• Article L.217-5 of the French Consumer Code:

« The property is in accordance with the contract:

1) If it is suitable for the usual use of similar property and, where applicable:

- it corresponds to the description given by the seller and possesses the qualities which he presented to the buyer in the form of a sample or model;

- the quality which a purchaser 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 seller ».

 

• Article L.217-12 of the French Consumer Code: « The action resulting from the failure to comply shall be prescribed within two years of the issue of the property ».

 

• Article L.217-16 of the French Consumer Code: « Where the buyer requires the seller, during the course of the commercial guarantee which was granted to him on the acquisition or repair of movable property, to restore the goods covered by the guarantee, any period of downtime of at least seven days shall be added to the remaining period of the guarantee. This period shall run from the time of the buyer’s request for intervention or the making available for repair of the property in question, if such making available is subsequent to the request for intervention ».

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11. PRODUCT SAFETY DEFICIENCY

In the event of damage caused by a safety deficiency of the Product, the Purchaser must seek the responsibility of the identifiable manufacturer from the information mentioned on the packaging of the product.

 

12. SUSPENSION – RESOLUTION

In the event of non-compliance by the Purchaser with any of its obligations, in particular in the event of total or partial default of payment at maturity, GALERIE DES LYONS reserves the right, without giving prior notice, to suspend the delivery of the Product under the order executed or being executed and/or suspend the performance of its obligations, without compensation, without prejudice to the exercise of its rights of recourse, if any.

In addition, if forty-eight hours after a notice is given by registered method with a request for acknowledgement of receipt, the latter remains unsuccessful, all agreements concluded with the Purchaser may be automatically terminated without payment of compensation to the Purchaser by GALERIE DES LYONS, who may request, in particular for interim relief, the return of the goods.

In all the cases mentioned above, and since GALERIE DES LYONS does not opt for the resolution of the chords, all outstanding claims of GALERIE DES LYONS shall become immediately due and the Purchaser shall be obliged to return immediately any outstanding goods. The fact that GALERIE DES LYONS does not invoke a contractual breach by the Buyer does not mean that it is renounced to avail itself of it for the future.

 

13. RIGHT OF RETRACTATION

In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Buyer may return the delivered Product within 14 (fourteen) days of its delivery and request reimbursement from GALERIE DES LYONS, being specified that the return costs are the responsibility of the Buyer.

It is specified that the right of withdrawal does not apply to any Product produced on the request of the Buyer or clearly customized according to the requirements of the Buyer.

The additional costs of sending the returned Product, when the Buyer has chosen a more expensive delivery method than that proposed by GALERIE DES LYONS or the least expensive delivery method proposed by GALERIE DES LYONS, will remain due by the Buyer.

The refund will be made within 14 days of receipt of the returned Product, according to the initial payment method of the order.

In order to exercise its right of withdrawal, the Buyer must send to GALERIE DES LYONS at the address Lb@galerie-des-lyons.fr the withdrawal form which can be found on the Site of GALERIE DES LYONS at the following address: http://en.galerie-des-lyons.fr/mentions-legales-cgu-cgv.

GALERIE DES LYONS will send him the practical arrangements for returning the Product.

Any Product returned must be in its original state: new, unused, not wired, not soiled, with the instructions for use and the original packaging, in a resale state, the whole unequivocally.

It is recalled in this regard that the responsibility of the Purchaser, in the event of withdrawal after use of the Product, may be incurred in respect of the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, the characteristics and proper functioning of this Product. It is stated that, according to the European Commission, these manipulations are those which a consumer could have carried out in a store for the goods offered for sale there.

 

​14. RESPONSABILITY

All the Products proposed by GALERIE DES LYONS must be used in accordance with their instructions and taking all necessary precautions.

The Purchaser assumes responsibility for the choice of the Product it decides to order. Consequently, GALERIE DES LYONS cannot be held responsible for the Product’s inadequacy with its use.

GALERIE DES LYONS cannot be held liable for any damage, direct or indirect, material or intangible, resulting from the use of a Product in a manner that does not comply with its instructions for use.

Apart from the cases mentioned above, the liability of GALERIE DES LYONS cannot be incurred if GALERIE DES LYONS demonstrates that the non-performance or improper performance of these general conditions of sale or the order is attributable either to the Buyer or to the unpredictable and insurmountable fact of a third party to the contract.

 

15. MAJOR FORCE

Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for the waiver of the parties' obligations and shall entail their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Major force cases are considered to be those usually retained by case law, namely: events of an irresistible and unpredictable nature, beyond the control of the parties, which they could not reasonably protect themselves against and whose consequences they could not have offset only by incurring expenses out of proportion to the expectations of financial spinoffs.

In this respect, the following shall be expressly regarded as cases of force majeure or accidental cases: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the Buyers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be pursued. If the case of force majeure has a duration of more than three months, the present GTC may be terminated by the injured party.

 

16. INTELLECTUAL PROPERTY

The content of the Site and of all the elements that compose it, in particular in the form of texts, photographs, images, icons, sounds, videos, software, database or data is the property of GALERIE DES LYONS and is protected by international and French intellectual property rules.

Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which GALERIE DES LYONS has intellectual property rights, in any medium and in any way, without the prior written permission of GALERIE DES LYONS, is strictly prohibited.

The reproduction or non-substantive representation of the elements on which GALERIE DES LYONS has intellectual property rights is authorized for strictly private and non-commercial purposes.

The authorized reproduction of the material on which GALERIE DES LYONS has intellectual property rights must clearly indicate the source and the name of the author of the content reproduced.

GALERIE DES LYONS reserves the right to pursue civil and criminal legal proceedings, both in France and abroad, particularly in relation to counterfeiting, against any person who, directly or indirectly, infringed his rights.

 

17. PERSONAL DATA

During the course of the order, the Buyer may be required to disclose personal information concerning him.

GALERIE DES LYONS applies to comply with the information submitted by the Purchaser under the conditions set out in the Privacy Policy and personal data available at the following address: https://en.galerie-des-lyons.fr/protection-des-donnees-personnelles.

 

18. MEDIATION

In the event of a dispute, the Buyer must address the customer service of GALERIE DES LYONS on 06.83.85.12.73 from Tuesday to Saturday, except public holidays or holidays, from 11.00 to 13.00 and from 14.00 to 19.00 or by e-mail at Lb@galerie-des-lyons.fr.

In case of failure of the claim request to the customer service or if the service does not reply within two months, the Purchaser may refer the dispute relating to the purchase order or to these GTC the opponent to GALERIE DES LYONS to a mediation body which will try, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.

The parties to the contract are free to accept or refuse mediation and, in the case of mediation, to accept or refuse the solution proposed by the mediator.

 

19. PARTIAL NON-VALIDATION

If one or more stipulations of these Terms and Conditions are declared null and void, pursuant to a law, regulation or following a final decision of a competent court, they shall be deemed to be unwritten, without nullifying all of these Terms and Conditions by which GALERIE DES LYONS and the Purchaser remain committed to each other.

If necessary, GALERIE DES LYONS and the Purchaser undertake to negotiate in good faith the provisions necessary to replace any stipulations which may have been cancelled or invalidated for any reason whatsoever.

 

20. NON-RENONCIATION

Failure of one of the parties to invoke a breach by the other party of any of the obligations set out in these Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.

The fact that a party does not claim the application of any provision of these Terms and Conditions of Sale or tolerate its non-performance temporarily or permanently, shall in no event be construed as a waiver by that Party of its rights under these Terms and Conditions.

The fact that a party tolerates a non-performance or imperfect performance of a contractual obligation referred to in these Terms and Conditions or more generally tolerates any act, abstention or omission, the other party which does not comply with the contractual provisions cannot confer any right on the party which enjoys such tolerance.

 

21. TITLE

The titles and subtitles contained in these Terms and Conditions are included as a convenience. By express agreement between GALERIE DES LYONS and the Purchaser, these titles and subtitles may in no case be used to interpret any provision of these Terms and Conditions. In case of contradiction between any of the titles of articles and any of the stipulations, the titles will be declared non-existent.

 

22. APPLICABLE LAW

These Terms and Conditions and the order are governed in their entirety by French law.

Any dispute concerning the conclusion, interpretation, execution or termination of these General Conditions of Sale will be the subject of a search for an amicable agreement.

 

Any dispute between the parties arising out of the conclusion, interpretation or execution of these General Conditions of Sale shall be exclusively resolved by the competent courts of Paris.

These Terms and Conditions are written in French. If they have been translated into one or more foreign languages and in the event of a dispute, only the text written in French shall be authentic between the Parties.