TERMS AND CONDITIONS OF SALES
Company AL CREATION
Simplified joint stock company with capital of 1,000 euros
83, avenue de Clichy 75017 PARIS
RCS PARIS 489 613 315
Phone number: 06 01 01 21 43
Email address: contact@alexandreloge.com
ARTICLE 1. SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter, the “GT&Cs”) apply by operation of law to any sale (hereinafter, the “Contract”) of the products (hereinafter, the “Goods”) created and manufactured and/or assembled by the company AL CREATION (hereinafter, the “Seller”) to a customer (hereinafter, the “Buyer”).
The Seller’s GT&Cs take precedence over any Buyer’s GT&Cs, which the Buyer expressly agrees.
The sale is deemed concluded on the date of acceptance of the order by the Seller.
Prior to this date, and in accordance with the provisions of articles L112-1 , L112-2 and L141-1 of the French Consumer Code, the GT&Cs are made available to any buyer for information purposes.
Any order implies the Buyer’s unreserved acceptance of the GT&Cs, which prevail over all other conditions of sale, with the exception of those which have been expressly accepted by the Seller.
ARTICLE 2. ORDER
To be valid, any order is formalized by a quote from the Seller and sent by email to the Buyer.
Acceptance of the order by the Buyer results from payment of a deposit of 50% (fifty percent) of the price of the Goods.
Any acceptance of a quote received by the Seller is deemed firm and final and cannot be canceled by the Buyer, subject to the provisions of the French Consumer Code relating to the right of withdrawal. As an exception, sales of goods made according to the Buyer’s specifications and clearly personalized cannot benefit from the right of withdrawal.
The Seller reserves its right to refuse any customization of Goods requested by the Buyer, if such customization is technically impossible or too complicated to implement. The Buyer is informed of the fact that any personalized order may result in the creation of a prototype, an industrial drawing, a master or a reproduction for which the production costs may be invoiced.
ARTICLE 3. DEADLINES
The manufacturing time is determined in the quote.
In the event of customization of a Good requested by the Buyer, an additional period may be included in the quote.
In the absence of any production within 3 (three) months after the period indicated in the estimate expired, except in cases of force majeure, the Buyer may by right request, if he wishes, the termination of the sale, by registered letter with acknowledgement of receipt, sent to the address of the Seller’s head office.
With regard to Goods manufactured on demand and not available in stock, the manufacturing time, for each order, begins to run only upon receipt of the deposit of 50% (fifty percent) of the price of the Goods.
ARTICLE 4. DELIVERY
The costs and risks linked to the Goods delivery operation are the exclusive responsibility of the Buyer.
4.1. Packaging
The Seller ensures, directly or through a specialized company (hereinafter, the “Packer”), the pre-conditioning, packaging, labeling, marking or counter-marking of the Goods, so as to support transport and/or a storage operation carried out under normal conditions, as well as the successive handling which necessarily occurs during the course of these operations.
4.2. Crating
The Seller ensures, directly or through the Packer, the crating of the Goods.
The Goods transport company (hereinafter, the “Carrier”) chosen by the Buyer under the conditions specified in article 4.3 of the GT&Cs may carry out its own crating, at its own risk, in accordance with the stipulations of article 10 of the GT&Cs.
In the event of shipment within the territory of the city of Paris (France) or the French departments number 92, 93 or 94 closed to Paris (France) , crating is optional and shall be carried out at the Buyer’s request.
4.3. Transport conditions
Goods are transported and delivered by a Carrier, who is not party to the contractual relationship established between the Seller and the Buyer.
If the Buyer so requests, the Seller may request a quote from a transport company, in the name and on behalf of the Buyer. If this first quote does not suit the Buyer, the Seller may request, in the name and on behalf of the Buyer, quotes from two other different transport companies. The Seller can facilitate contact between the Buyer and the Carrier that the Buyer freely chooses. The Buyer has the right to refuse the quotes offered and to contact the Carrier of his choice directly, the Seller cannot be held liable on this point.
The choice of Carrier is the sole decision of the Buyer, who contracts directly with the Carrier of his choice, without the liability nor the responsibility of the Seller, who is a third-party to the contractual relationship relating to the transport of the Goods, may never be sought for any cause or disorder related thereto.
The transport of goods is therefore subject to the GT&Cs of the Carrier chosen by the Buyer, which it is the Buyer’s responsibility to be aware of.
Consequently, the costs of possible crating, transport and customs clearance are likely to vary depending on the Carrier’s handling and include a margin of error. This point is the sole responsibility of the Buyer, who freely chose the Carrier.
As an exception, in the event of shipment within the territory of the city of Paris (France) or the French departments number 92, 93 or 94 closed to Paris (France), unless the Buyer has chosen to use a third-party carrier, the transport of the Goods is carried out by the Seller and at its own expense.
4.4. Late delivery
Delivery times are given for information purposes only. They depend on the packaging time by the Packer and the delivery of the Goods by the Carrier chosen by the Buyer. Delivery times may also vary depending on customs clearance times implemented by the customs administration of the country of importation of the Goods, which may take several days to several weeks.
Consequently, no compensation for late delivery can be claimed by the Buyer from the Seller.
4. 5. Refusal or failure of the Buyer
In the event of Buyer’s refusal of shipment or Buyer’s default for any reason, all initial and additional costs due and incurred for packaging the Goods and return transportation shall be charged by the Seller to the Buyer, subject to the stipulations relating to force majeure mentioned in article 17 of the GT&Cs.
4.6. Ad valorem insurance
The possibility of taking out ad valorem insurance depends on the contract concluded by the Buyer with the Carrier and the latter’s GT&Cs.
4.7. Export control
The Buyer expressly declares that the delivery conditions shall not cause the Seller to violate any law, regulation or any other applicable provision, whether relating to sanctions, particularly economic sanctions, embargoes or export controls, imposed by a government or any other competent authority. Failing this, the Buyer shall indemnify the Seller against all claims and/or expenses incurred in this regard.
ARTICLE 5. FAILURE TO DELIVERY AND DAMAGE
The Goods must be examined by the Buyer upon delivery, who must make regular and sufficient observations and take justified reservations. Damage to the Goods during transport and prior to delivery must be notified in writing with acknowledgment of receipt to the Seller within 3 (three) working days following delivery and to the Carrier in accordance with its own GT&Cs. If applicable, the Carrier’s delivery form must specify “damaged” or “insufficient”. The Buyer acknowledges that this is a reasonable time to examine the goods. The Seller shall not accept liability for non-delivery, damage or short delivery unless the above-mentioned deadlines have been met. In the absence of notification within 3 (three) days, the Buyer is deemed to have accepted the Goods.
Subject to the stipulations of article 12 of the GT&Cs relating to the warranty, the Goods shall not be taken back or exchanged by the Seller.
In the event of damage to the Goods, the Seller may send the Buyer a repair kit, together with instructions for use.
ARTICLE 6. PRICE
Except in the case of special conditions to the sale, the prices of the Goods sold are those shown in the catalog on the day of the order or in the quote issued by the Seller.
These prices are, on this date, firm and definitive.
They are expressed in legal currency and stipulated all taxes included, packaging costs and possible crating included. Where applicable, in the event of international export, customs costs or any other charges and taxes imposed by a State relating to the import or export of a good may be added to the sale price of the Goods. The Buyer acknowledges that it is his/her own responsibility and exempts the Seller from any liability in this regard.
If the Goods are exported outside the European Union, in accordance with the applicable tax and customs regulations, the sale may benefit from a VAT exemption provided that the export of the Goods takes place within three months of the sale.
OPTION 1
The Buyer must, within this period, indicate in writing that the Goods are intended for export and provide to the Seller a delivery address outside the European Union. In all cases, the Buyer must pay an amount equal to the VAT which would be paid by the Seller in the event of non-export of the Goods within the deadlines required by the French tax and customs administration. In the event of export complying with the tax and customs rules in force in France and provided that the Seller is in possession of proof of export within the required time frame, this amount shall be returned to the Buyer. The Seller reserves the right to charge administrative fees for processing export deliveries outside the European Union.
OPTION 2
The Buyer must, within this period, indicate in writing to the Seller that the Goods are intended for export and provide a delivery address outside the European Union. In the event of export complying with the tax and customs rules in force in France, the Buyer must send the Seller proof of export, within the required deadlines. If proof of export is not provided to the Seller within the required time frame, the VAT exemption cannot be applied and the Seller shall send the Buyer an additional invoice corresponding to the amount of VAT that cannot be exempted.
ARTICLE 7. PAYMENT
Unless other terms are expressly provided for in the quote issued by the Seller, the Buyer pays a deposit of 50% (fifty percent) of the price of the Goods when the order is placed and the quote confirmed, which is non-refundable in the event of cancellation of the order by the Buyer. The Buyer pays to the Seller the balance of the price 15 (fifteen) days before the end of the manufacturing period mentioned in the quote.
Payments are made by bank transfer and in euros.
If the Buyer usually uses a currency other than euros, the prices may vary depending on the rate of the currency usually used by the Buyer in relation to euros, on the day of payment, so that the price paid always corresponds to the price invoiced by the Seller, without discount due to variations in the exchange rate.
No delivery shall be made if the balance of the price of the Goods is unpaid by this date.
In all cases, an invoice shall be given to the Buyer.
ARTICLE 8. LATE PAYMENT
8.1. Suspension of deliveries and due date of payments
In the event of late payment of more than 30 (thirty) days, the Seller reserves the right to suspend any delivery of current orders and/or new orders until full payment of unpaid invoices, without prejudice to damages.
The Seller’s other invoices shall become immediately due and payable, regardless of the payment method used by the Buyer.
8.2. Late payment penalties
Non-compliance with any of the payment deadlines automatically and without formal notice results in the application of late payment interest egal to 10 (ten) times the legal interest rate, from the day following the date on which the amounts due are payable until full payment, partial payments being deducted as priority over interest.
8.3. Penalty for file management costs
In addition, any late payment, regardless of the amount or duration, shall result in the payment of a fixed penalty of €100 (one hundred euros) to cover file management costs.
8.4. Penalty for litigation
Unless the Seller grants an extension in writing, failure to pay on the due date, regardless of the payment method provided, shall result in litigation and the application of compensation equal to 15% (fifteen percent) of the unpaid amount, to which shall be added legal costs, including the costs of the lawyer and the bailiff fees.
ARTICLE 9. ASSIGNMENT OF OWNERSHIP
The Seller retains ownership of the Goods, even if delivered, until effective payment in full of the price in principal and accessory and any sum due under the Contract or any other contract.
The delivery of a document creating an obligation to pay does not constitute payment within the meaning of this clause.
In the event of failure to pay any of the due dates or failure to perform any obligation of the Contract or the GT&Cs, the Seller may, without prejudice to any other action or request for damages, claim or resell the Goods.
The Buyer may not sale, pledge or hypothecate the Goods unless he/she has paid the entire price and amounts due to the Seller.
ARTICLE 10. RISKS TRANSFER
Risks transfer to the Buyer shall take place from the delivery of the Goods by the Packer to the Carrier, freely chosen by the Buyer.
Following risks transfer to the Buyer and until full payment of the price in principal and accessories of the Goods, the Buyer must: (i) indemnify the Seller against any loss and deterioration of the Goods, (ii) insure the Goods for an amount at least equal to the price stipulated in the Contract, (iii), where applicable, store the Goods in accordance with the Seller’s instructions.
ARTICLE 11. LIABILITY
The Seller’s liability, for whatever reason, is limited to justified direct damage only. The notion of justified direct damage excludes specifically compensation for losses of opportunity, operating losses, production losses, profit, income and missed gains, subject to the stipulations relating to the warranty (article 12 of the GT&Cs) and force majeure (article 17 of the GT&Cs).
ARTICLE 12. WARRANTY
The Goods are covered by a contractual warranty against any defect or defect in materials or manufacturing for 2 (two) years from the date of delivery of the Goods.
In the event of alteration, apparent or hidden defect declared by the Buyer during this period, by registered letter with acknowledgement of receipt sent to the address of the Seller’s head office, the Seller undertakes to replace the Goods concerned, at its own expense, as soon as possible.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the Goods.
Pursuant to the article L217-22 of the French Consumer Code, the preceding provisions are not exclusive of the application of the legal warranty of conformity provided for in article L217-3 et seq. of the French Consumer Code and of the legal warranty against hidden defects provided for in article 1641 et seq. of the French Civil Code.
The customer may exercise those warranties by sending a request to the Seller, at the following address and contact details:
Company AL CREATION
83, avenue de Clichy 75017 PARIS – FRANCE
Phone number : 06 01 01 21 43
Email: contact@alexandreloge.com
The Buyer, when he/she meets the definition of consumer, as set out in the preliminary article of the French Consumer Code, has a period of two years from delivery of the Goods to obtain the implementation of the legal warranty of conformity in the event of the appearance of a defect of conformity. During this period, the Buyer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity gives the Buyer the right to have the Goods repaired or replaced within thirty days of his/her request, free of charge and without major inconvenience for him/her.
If the Goods are repaired under the legal warranty of conformity, the Buyer benefits from a six-month extension of the initial warranty.
If the Buyer requests repair of the Goods, but the Seller requires replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the Goods.
The Buyer may obtain a reduction in the purchase price by retaining the Goods or terminate the Contract by obtaining a full refund against return of the Goods, if:
1° The Seller refuses to repair or replace the Goods;
2° The repair or replacement of the Goods takes place after a period of thirty days;
3° The repair or replacement of the Goods causes a major inconvenience for the Buyer, in particular when the Buyer definitively bears the costs of taking back or removing the non-compliant Goods, or if he bears the installation costs repaired or replacement Goods;
4° The non-conformity of the Goods persists despite the Seller’s unsuccessful attempt to bring them into conformity.
The Buyer is also entitled to a reduction in the price of the Goods or to the termination of the Contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the Contract being immediate. In such cases, the Buyer is then not required to request repair or replacement of the Goods in advance.
The Buyer is not entitled to terminate the Contract if the lack of conformity is minor.
Any period of immobilization of the Goods for repair or replacement suspends the remaining warranty period until delivery of the restored Goods.
The rights mentioned above result from the application of articles L217-1 to L217-32 of the French Consumer Code.
The Seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual sales (article L241-5 of the French Consumer Code).
The Buyer also benefits from the legal warranty against hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the Buyer to a price reduction if the Goods are kept or to a full refund against return of the Goods.
ARTICLE 13. INTELLECTUAL PROPERTY AND COUNTERFEIT
The Buyer who becomes the owner of a Good, an object sold by the Seller, does not become the owner of the intellectual property rights related to such Good. The Seller retains the intellectual property rights on the Goods. The GT&Cs do not assign, transfer, or give any intellectual property from the Seller to the Buyer.
Any assignment of any rights, including but not limitated to, the reproduction, representation, distribution, communication to the public, modification, publication, adaptation of all or part of the elements of the Goods, whatever the means or process used, including photographic reproduction, whether direct or indirect, by the Buyer or a third party, is prohibited, except with the express prior written authorization of the Seller. This prohibition also includes any dissemination of the image of the Goods via social networks, including micro-blogging, and the creation, issuance and/or sale of non-fungible tokens (NFT) on the Goods.
Any unauthorized exploitation of the Goods or one of the elements they contain shall be considered as constituting an infringement and shall be prosecuted in accordance with the provisions of the French Intellectual Property Code.
The Buyer formally undertakes not to register or have registered by a third party any component of the Goods, in whole or in part, covered by copyright, in his/her name or name of others, whether this registration is made under copyright, trademarks, designs or patents, both in France and abroad, whether it is a national, European or international registration, or more generally under any industrial or intellectual property right.
ARTICLE 14. RESALE RIGHT
Under article L122-8 of the French Intellectual Property Code, the Buyer is informed that any resale carried out more than three years after the conclusion of the Contract, for a price greater than 10,000 euros, when an art market professional acts as seller, buyer or intermediary, is likely to be subject to the resale right.
ARTICLE 15. CONFORMITY OF GOODS
The Goods are handmade creations of an artisanal nature.
15.1. Non-contractual pictures
The pictures on the Seller’s website and/or catalog are not contractual and do not systematically represent the Goods accurately.
Differences may exist between the Goods’ pictures and those manufactured and delivered to the Buyer.
The Seller cannot be held responsible for this if the characteristics of the objects differ from the photographs and visuals on the Seller’s website or its catalog.
15.2. Dimensions
The dimensions are given for information purposes only. The Buyer cannot hold the liability of the Seller if the Goods sold present a variation in dimensions within a margin of error of 2% (two percent).
15.3. Color and appearance
The Goods may, due to their handmade nature, have slight variations in color, texture and design compared to the model ordered.
As such, for example, Goods made of plaster may not be immaculately white due to the superimposition of several layers of plaster.
Bronze pieces may show signs of pitting.
Patinas may vary. The patinas shown on the Seller’s website and/or catalog may vary depending on lighting, photography and oxidation of the Goods.
If the Buyer wishes the Goods to be covered with a specific patina, this shall be determined after acceptance of a sample which shall be sent to the Buyer within a period determined in the quote and which may be invoiced in addition.
Natural materials (stone, marble, slate, wood, leather and skins, in particular) may have natural variations.
The Seller cannot be held liable by the Buyer due to its variations, linked to the manufacturing process of the Goods.
15.4. Authenticity
The Goods are sold with a certificate of authenticity, if the Buyer so wishes.
The Goods are signed and may possibly be numbered, as part of a limited edition.
ARTICLE 16. TECHNICAL SPECIFICITIES
The Buyer is duly informed that the Goods including electrical systems are equipped with electrical systems meeting European Union standards and CE marking.
The Buyer must be personally responsible for any acquisition of a transformer or adapter, both for connection sockets and bulbs.
The Seller cannot be held liable for any electrical damage resulting from the installation of a transformer or adapter by the Buyer or for any modification to the electrical system carried out at the Buyer’s request and/or by the Buyer.
The Seller provides the Buyer with installation instructions for the Goods, including installation diagram of the parts, electrical diagrams if needed, installation and assembly diagram.
ARTICLE 17. FORCE MAJEURE
Pursuant to article 1218 of the French Civil Code, the Seller and the Buyer shall be exempt from any liability in the event of total or partial, even temporary, failure to fulfill one or other of their obligations under the Contract which would be caused by a case of force majeure.
Force majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event outside the will and control of the Buyer and/or the Seller, which consists of an event or a series of events, particularly of a climatic, pandemic, bacteriological, military, political or diplomatic nature.
By way of example, force majeure events include, but are not limited to:
Natural phenomena such as tornadoes, floods, earthquakes;
The spread of a virus which would be qualified by the authorities as stage 3 of an epidemic;
The use by a State or a terrorist group of weapons of any nature disrupting the continuity of commercial relations;
Social movements of local or national scale;
The declaration of martial law or the decision of a government to implement a maritime, air and/or land blockade;
Partial or total maintenance of confinement or a state of health emergency.
In the event of the occurrence of a situation that it considers to be a case of force majeure, the party to the Contract concerned shall promptly notify the other party of the situation by registered letter with return receipt or any other written means with acknowledgment of receipt, specifying the nature of the event(s) concerned, their impact on its ability to fulfill its obligations stipulated in the Contract, and any supporting document attesting to the reality of the force majeure event.
In the event that the party invoking a force majeure situation succeeds in characterizing it, its obligations shall be suspended for a period equivalent to the duration of the force majeure event increased by a period of 2 (two) months.
Any suspension of execution of the Contract by application of this article shall be strictly limited to commitments whose execution has been prevented by circumstances of force majeure and to the period during which circumstances of force majeure have acted increased by the said period of 2 (two) months.
When the Contract is concluded for a specific duration, the minimum duration of the Contract shall be automatically extended by a duration equal to that of the suspension.
In any event, the parties shall endeavor in good faith to take all reasonably possible measures with a view to continuing the performance of their respective obligations under the Contract.
After the period for suspension of performance of obligations, if the force majeure situation continues, the Contract shall be terminated automatically.
ARTICLE 18. TERMINATION
In case of non-fulfilment of its obligations by the Buyer, subject to the stipulations of article 17, the Contract shall be terminated automatically without notice for the benefit of the Seller, without prejudice to any damages that may be claimed from the Seller.
The Contract may be terminated before the term occurs, in the event of liquidation or receivership of the Seller, in compliance with the legal and regulatory conditions in force and subject to any public order provisions that may be applicable.
ARTICLE 19. NOTIFICATION
Any notices, notifications or communication between the Seller and the Buyer shall be sent by post or email with acknowledgment of receipt, to the addresses specified at the time of the order and/or under the conditions of the quote. Notices shall be deemed to have been received and given upon receipt of the acknowledgment of receipt or, failing that, after a period of 72 (seventy-two) hours after dispatch by national post, 7 (seven) working days after dispatch by international post and, if sent by e-mail, on the date of dispatch if this is a working day, otherwise on the next working day.
ARTICLE 20. PERSONAL DATA
As part of its activities, the Seller is required to collect personal data concerning the Buyer, in order to ensure the proper execution, administration and management of orders, to manage commercial relations, to improve the quality of products and services offered, to establish commercial statistics or to meet its legal obligations.
The Buyer is informed that the Seller uses the Canadian management, administration and accounting software MRP EASY. Under the terms of its privacy policy, MRP EASY applies necessary organizational, physical and technological measures adapted to the risk to protect personal data. These measures include, in particular, rules and procedures for employees, for the management of data and IT infrastructure, internal and external networks. The personal data collected is kept for as long as the user’s account is active or for as long as required by law. Personal data may not be transferred or made available to third parties, except when required by law.
The Buyer consents to the use of his/her data by the Seller. In accordance with the regulations applicable to the protection of personal data, the Buyer has a right of access, rectification, deletion and opposition to personal data concerning him, which he may exercise. by contacting the Seller, using the contact details at the top of the General Terms and Conditions.
ARTICLE 21. AMICABLE SETTLEMENT OF DISPUTES
Pursuant to article L612-1 of the French Consumer Code, “any consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional ”.
Disputes falling within the scope of article L612-1 of the French Consumer Code are those defined in article L611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between a buyer and a professional. The text is applicable to both national and cross-border disputes.
For any problem, please contact us beforehand or contact our after-sales service:
Company AL CREATION
83, avenue de Clichy 75017 PARIS – FRANCE
Phone number: 06 01 01 21 43
Email: contact@alexandreloge.com
In the year following your request to our services, according to article R616-1 of the French Consumer Code, you may have your request examined by a mediator, knowing that a dispute must be examined, except in exceptional circumstances, only by a single mediator. The list of mediators is available at the following address: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
Cross-border disputes:
European Consumer Center France https://www.europe-consommateurs.eu/index.html
You may be assisted by a legal advisor at your own expense.
ARTICLE 22. LANGUAGE, APPLICABLE LAW AND JURISDICTION
The language of the Contract and the GT&Cs is English.
The GT&Cs are governed by French law, subject to provisions more favorable to the Buyer meeting the definition of consumer which may apply under his/her national law.
Any dispute between an individual Buyer and the Seller resulting from the formation, interpretation or execution of the Contract or the GT&Cs shall be under the jurisdiction of the place where the individual Buyer resided at the time of the Contract was concluded or the place where the harmful event occurred.
Any dispute between a professional Buyer and the Seller resulting from the formation, interpretation or execution of the Contract or the GT&Cs, shall be referred to the Paris Commercial Court (“Tribunal de Commerce de Paris”) in France, notwithstanding multiple defendants or warranty claims.
ARTICLE 23. AUTONOMY OF THE CONTRACT & GT&CS
If one or more stipulations of the GT&Cs were held to be invalid, obsolete, null and void or declared such in application of a legal or regulatory text or following a court decision that has become final, the other stipulations would retain all their binding force and validity scope.
The fact, for the Seller, of not taking advantage of a breach of one of the obligations referred to in the GT&Cs, whatever it may be, cannot be interpreted for the future as a waiver of the said obligation.