Terms and Conditions of Sale

This English translation is provided for convenience; the French version prevails.

Terms and Conditions of Sale – LA GALERIE NAPOLEON III

ART. 1: General provisions, scope of application

1.1 These terms and conditions of sale apply in their current form to all commercial transactions, present and future, concluded between La Galerie Napoléon and the buyer.

1.2 Validation of the order by the customer constitutes full and unreserved acceptance of these terms and conditions of sale.

1.3 These terms of sale apply both to natural persons and to legal entities entering into a contract in the course of their commercial activity or as an independent professional. These terms also apply to legal entities governed by public law.

1.4 No derogating, contrary or additional clause may be incorporated into the terms and conditions of sale unless La Galerie Napoléon III has expressly agreed to its validity in writing.

ART. 2: Formation of contracts, prices

2.1 By making a reservation or a purchase, the customer makes a firm commitment to acquire the piece or pieces of furniture ordered. Acceptance by La Galerie Napoléon III may be confirmed by sending the order form, by handing over the piece if the customer is on the premises, or by delivering the piece to the customer’s home.

2.2 In the case of reservations concerning one or more pieces undergoing restoration, or not yet in the restoration pipeline, the date for completion of the restoration is given for information purposes only and in no way binds La Galerie Napoléon III. La Galerie Napoléon III reserves the right to alter this timeframe according to the furniture restoration schedule or to any difficulties encountered with suppliers having a direct impact on the restoration of the furniture (leather worker, bronze worker, founder, cabinetmaker, marble worker, etc.). Should the buyer be late in taking delivery, for reasons not attributable to La Galerie Napoléon III, the latter reserves the right to claim compensation from the buyer for the resulting loss. This applies in particular to storage or other costs.

2.3 La Galerie Napoléon III may store any goods free of charge as a courtesy to the customer. Beyond 2 months, this storage may be invoiced at a rate of 5 euros per day, unless otherwise agreed in advance in writing between La Galerie Napoléon III and the buyer. La Galerie Napoléon III shall bear no liability for any damage occurring beyond the 2-month period.

2.3 The reference sale prices are the prices shown on the La Galerie Napoléon III website: www.lagalerienapoleon3.com. All prices are quoted in euros, inclusive of all taxes.

2.4 La Galerie Napoléon III reserves the right to cancel a transaction if certain circumstances fall outside the scope of the terms and conditions of sale (delivery, handling, a customer having caused problems in the past, etc.).

ART. 3: Reservations and Orders, payment terms

3.1 – Reservations

Any piece of furniture may be reserved by email or by telephone. Following a verbal reservation, La Galerie Napoléon III will send, by email or by post, an order form setting out the terms and conditions of sale, to be returned to us signed within 7 days. Reserving the piece holds it and withdraws it from sale until the end of this period. Once this period has expired, La Galerie Napoléon III will systematically return the reserved piece to sale if the deposit has not been received.

3. 2 – Deposit

To validate any reservation, the customer must return the signed order form together with payment, by cheque or bank transfer, of at least 30% of the total purchase amount. This amount will be cashed and deducted from the final price once the piece has been restored. Any withdrawal outside the statutory period will result in forfeiture of the deposit paid.

3. 3 – Payment deadline

Any piece purchased must be paid for in full before delivery. If delivery is to be deferred and the piece stored, payment must be made in full within a maximum of 2 months of its reservation.

For payment in instalments, La Galerie Napoléon 3 does not accept payment in more than 3 instalments. La Galerie Napoléon III alone decides whether or not to accept payment in instalments, without having to justify its decision to the buyer.

In the event of late payment, La Galerie Napoléon III is entitled to charge interest at a rate of 8%, in addition to the interest rate in force. If La Galerie Napoléon III can prove that it has suffered a greater loss as a result of the late payment, it is entitled to claim for that loss.

ART.4: Publicity rights

4.1 Unless expressly stated otherwise by the customer, notified by letter with acknowledgement of receipt, La Galerie Napoléon III reserves the right to feature its restorations and work carried out for the customer in its communication materials, whether external or internal, advertising, websites, portfolio, blog, brochure, etc., and in the course of any canvassing (fairs, trade shows). This right extends in particular to the constituent elements of the work, including, without restriction, its public presentation.

ART. 5: Transfer of risk, sales followed by delivery

5.1 The risk of accidental loss or deterioration of the goods is borne by the buyer as soon as the goods have left the workshops of La Galerie Napoléon III in Saintes (17) or Boulogne-sur-Mer (62). The same applies to handover.

5.2 In the case of a sale followed by delivery, La Galerie Napoléon III instructs a carrier to deliver the goods, on behalf of the buyer, to the agreed delivery address, against payment of a fixed transport charge, the amount of which has been agreed in advance between the buyer and La Galerie Napoléon III. Transport insurance costs are included in this fixed charge. The carrier brings the goods to the agreed address, without being under any obligation to unload them.

5.3 Collection of the goods directly by the buyer from the premises of La Galerie Napoléon III (17 or 62) must be expressly agreed, and sufficiently in advance. If the buyer himself instructs a carrier of his choice to collect the goods, it is then his responsibility to take out transport insurance at his own expense, or to verify the validity of the carrier’s insurance.

5.4 On receipt of the goods, the buyer undertakes to check without delay that the items delivered correspond in every respect to those ordered, and that they have not suffered any apparent damage in transit. If damage is found, the buyer must record it on the consignment note and have it confirmed by the carrier. After receiving the goods, the buyer is obliged to check for any damage or breakage resulting from transport. If such is the case, he must notify La Galerie Napoléon III without delay.

5.5 If the buyer collects the goods himself, he must check the quality and quantity of the goods handed over to him, and notify La Galerie Napoléon III without delay of any discrepancies or defects. From that moment, the order is deemed to have been received. Consequently, visible or hidden defects resulting from transport beyond the premises of La Galerie Napoléon III cannot be attributed to it by the buyer. Damage caused during loading into a vehicle is likewise the responsibility of the buyer.

ART. 6: Retention of title

6.1 In accordance with the provisions of Law no. 80-335 of 12 May 1980, the seller retains ownership of the goods sold until full payment of the price, in principal and ancillary amounts. The handing over of an instrument creating an obligation to pay does not constitute payment within the meaning of this clause. Failure to pay any one instalment may result in the goods being reclaimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as of any damage they may cause.

ART. 7: Warranty and remedies

7.1 Only the description of the goods given by La Galerie Napoléon III is deemed to have been agreed between the parties as setting out the characteristics of the goods. Public statements, promotional claims or advertising made by La Galerie Napoléon III do not constitute a contractual description of the characteristics of the product.

7.2 The buyer undertakes to check without delay, upon receipt of the goods, whether any items are missing, whether the goods delivered conform to those ordered, or whether there are any other defects. If discrepancies from the goods contractually promised are established, the customer must report them in writing within one week of receipt of the goods. Failing this, the buyer shall be barred from asserting any warranty rights. The customer bears the full burden of proof for all conditions necessary to his warranty claim. This applies in particular to the defect itself, to the date on which the defect was discovered, and to the timeliness of the complaint. If the customer does not send the complaint to La Galerie Napoléon III within the time limit, he loses all warranty rights, insofar as the defects, discrepancies, deterioration or delivery errors could have been identified by a prompt and proper examination. Minor discrepancies do not give rise to warranty rights.

7.3 If the goods show defects duly reported by the buyer within the 7-day period by registered letter, La Galerie Napoléon III shall choose, at its own initiative, to honour the warranty either by repairing the defects found and proven, or by replacing the goods in question, or by taking back the goods and refunding the customer for them. This refund must take place between the day of delivery and a period of 3 months.

7.4 La Galerie Napoléon III accepts no liability beyond 2 months after the delivery date of the goods. Within that period, it likewise accepts no liability for any defect resulting from improper use of the goods (exposure to a source of heat or a source of humidity, damage caused by the buyer, poor maintenance of the goods, use of solvent products, etc.).