Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

Effective from 1 January 2022

Clause 1: Purpose and scope

These general terms and conditions of sale constitute the basis for commercial negotiations and are systematically sent or given to each buyer to enable them to place an order.

The general terms and conditions of sale set out below detail the rights and obligations of Galerie KLE and its customer in connection with the sale of the following goods: art editions.

Any acceptance of the quotation/order form, including the clause “I acknowledge that I have read and accept the attached general terms and conditions of sale”, implies the buyer's unconditional acceptance of these general terms and conditions of sale.

Clause 2: Prices

The prices of the goods sold are those in effect on the date the order is placed. They are expressed in euros and calculated as net prices.

The company reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was recorded.

Clause 3: Discounts and rebates

The proposed prices include any discounts and rebates that the company may grant in view of its results or the buyer's undertaking to perform certain services.

Clause 4: Early payment discount

No discount will be granted for early payment.

Clause 5: Payment terms

Orders are paid for:

• by cheque; or
• by bank card;

Payments will be made under the following conditions:

Payment when the goods are ordered.

Clause 6: Late payment

If all or part of the payment for the goods delivered is not made by the due date, the buyer must pay the company a late payment penalty equal to three times the statutory interest rate.

The statutory interest rate used is the rate in effect on the date the goods are delivered.

From 1 January 2015, the statutory interest rate will be reviewed every six months (Ordinance No. 2014-947 of 20 August 2014).

This penalty is calculated on the outstanding amount inclusive of all taxes and accrues from the payment due date without any prior formal notice being required.

In addition to late payment penalties, any amount, including a deposit, that is not paid on its due date will automatically give rise to a fixed recovery charge of €40.

Articles 441-10 and D. 441-5 of the French Commercial Code.

Clause 7: Termination clause

If, within fifteen days following implementation of the “Late payment” clause, the buyer has not paid the outstanding amounts, the sale will be automatically terminated and may entitle the company to damages.

Clause 8: Retention of title

The company retains ownership of the goods sold until the price, including the principal amount and ancillary charges, has been paid in full. Accordingly, if the buyer is subject to court-supervised reorganisation or liquidation proceedings, the company reserves the right to reclaim, within those collective insolvency proceedings, the goods sold that remain unpaid.

Clause 9: Delivery

Delivery is made:

• by handing the goods directly to the buyer; or
• by sending the buyer a notice that the goods are available for collection in store; or
• by leaving the goods at the place indicated by the buyer on the order form.

The delivery period indicated when the order is recorded is provided for information only and is in no way guaranteed.

Consequently, any reasonable delay in delivering the products will not entitle the buyer to:

• damages; or
• cancellation of the order.

The buyer bears the entire transport risk.

If goods are missing or damaged during transport, the buyer must record all necessary reservations on the order form upon receipt of those goods. These reservations must also be confirmed in writing within five days following delivery, by registered letter with acknowledgement of receipt addressed to the company.

Clause 10: Force majeure

The company cannot be held liable if the failure to perform, or delay in performing, any of its obligations described in these general terms and conditions of sale results from an event of force majeure. For this purpose, force majeure means any external, unforeseeable and unavoidable event within the meaning of Article 1148 of the French Civil Code.

Clause 11: Court of competent jurisdiction

Any dispute concerning the interpretation and performance of these general terms and conditions of sale is subject to French law.

If no amicable resolution is reached, the dispute will be brought before the Lorient Commercial Court.

Drawn up in Auray, on 1 June 2022.