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terms of sale
  General terms and conditions of business

Article 1.

Application of the general terms and conditions of business
Effects of the general terms and conditions of business

The general terms and conditions of business (GTCB) herein are systematically sent or given to each buyer in order for him to place an order. Consequently, placing an order implies the Buyer’s acceptance of these GTCB, fully and without reservation, exclusive of any other document such as prospectuses or catalogues issued by the Seller, which are given for indicative purposes only (for the actual scope of this clause, refer to Lamy Economic Law).
The fact that the Seller does not at a given time take advantage of any one of the terms and conditions herein cannot be interpreted as a waiver of the right to claim any of the said conditions in the future.


Modification of the general terms and conditions of business

Orders are final only upon payment of a deposit, equivalent to 30% in metropolitan France and 50% in any other country. Orders taken by the Seller’s representatives or employees shall be binding on him only when confirmed in writing and signed. The supplier shall meet orders in the order in which they are received and according to availability. The order is personal to the Buyer and may not be transferred without the Seller’s agreement.


Modification of the order

Any request for modification or cancellation of an order by the Buyer can only be considered if it is received in writing before the dispatch of the goods. Should the modification or cancellation be unacceptable to the Seller, the deposits paid shall not be refunded. The Seller reserves the right, at any time, to modify his products as he deems necessary, and to modify any models described in prospectuses or catalogues, without any prior notice.

Article 4.

4.1. Terms

Delivery shall be effected either by the handing over of goods to the Buyer, or by simple notice of delivery, or by delivery to a shipper or carrier at the Seller’s premises (or warehouse). The Buyer undertakes to take delivery within 3 months following the notice of delivery. After this period, the Seller may consider the order cancelled, and the sale terminated on the part of the Buyer..

4.2. Delivery periods

Deliveries shall only be made in accordance with availability and in the order of receipt of orders. The Seller is entitled to make deliveries either in whole or in part. Delivery dates are specified as accurately as possible but are subject to the Seller’s availability of stock and of transport facilities. Non compliance with the delivery dates shall not give rise to damages, deductions or cancellation of current orders. However, if the goods have not been delivered 3 months after the delivery date, for any other reason than force majeure, the sale may be cancelled at the request of either party; the Buyer shall have his deposit refunded after payment of any other indemnity or damages. The following are considered as events of force majeure, releasing the Seller from his obligation to deliver: war, riots, fire, strikes, accidents or if the Seller himself cannot get the necessary supply. The Seller shall inform the Buyer in a timely manner of cases or events as enumerated above. In any case, delivery within the specified periods shall only take place if the Buyer does not have any liabilities towards the Seller, irrespective of what these may be.

4.3. Risks

Products are delivered carriage-paid or against refund at the agreed place. In all cases, they are transported at the consignee’s risk. The onus is on the latter, in the event of damage or shortage, to make the necessary assessments and reservations, by extra-judicial document or by registered letter with acknowledgement of receipt, to the carrier within three days of receipt of the goods.

Article 5.


Without prejudice to arrangements to be made with the carrier, claims for obvious defects, or for non-conformity of the delivered product with regard to the product ordered or with the dispatch note, should be made in writing within eight days of arrival of the goods. It shall be the responsibility of the Buyer to provide proof of the defects or anomalies found. He shall provide the Seller with all means of checking and remedying these defects. He shall refrain from intervening himself or get a third party to intervene for this purpose. For products sold in packaging, the weights and dimensions at origin are proof of the quantities delivered.

Article 6.


6.1. Terms

Any return of product shall be subject to a formal agreement between the Seller and the Buyer. Any product returned without this agreement shall be kept at the disposal of the Buyer and shall not give rise to the issue of a credit note. The costs and risks of returning the goods shall always be borne by the Buyer. (No return shall be accepted more than 15 days following the date of delivery.) Returned goods are accompanied by a return voucher, which should be affixed to the parcel, and the goods should be in the condition in which the supplier delivered them.

6.2. Consequences

In the case of obvious defect or of non-conformity of the products delivered, duly noted by the Seller, in accordance with the conditions detailed above, the Buyer may have free replacement or refund of the goods, at the Seller’s discretion, to the exclusion of all indemnities or damages.

Article 7.

7.1. Scope

Products are guaranteed against any material or manufacturing defect over a period of one year as from the date of delivery, in accordance with the Guarantee Certificate. Interventions under the guarantee shall not cause an extension of its duration. Presentation of the Guarantee Certificate shall be mandatory to benefit from the guarantee. Under the terms of this guarantee, the Seller’s only obligation shall be to get his department to repair the product which contains a defective component, unless this compensation proves impossible or disproportionate. For the guarantee to apply, any product should first be submitted to the Seller’s after-sales service, whose approval is mandatory for any replacement. Any shipping costs shall be borne by the Buyer.

7.2. Exclusions

The guarantee does not apply to obvious defects. This exclusion also applies to defects and damages caused by normal wear and tear or by external faults (wrong assembly, defective maintenance, abnormal usage, etc.) or by modification of the product which is not provided for or specified by the Seller.

Article 8.


Products are supplied at the price prevailing at the time the order is placed. Prices are net and based on the rates communicated to the Buyer. VAT is not applicable as per Article 293B of the GTC. All duties, taxes, fees or other benefits to be paid in accordance with French law, or the law of an importing or transit country, are borne by the Buyer. Unless agreement is obtained in writing from the Supplier, shipping costs are always borne the Buyer..

Article 9.


In case of payment by cheque, an invoice is drawn up for each payment after due confirmation of receipt by the Seller’s bank.

Article 10.


10.1. Terms

Unless otherwise agreed, payment shall be made in accordance with the following conditions: Metropolitan France: 30% upon order, 30% at 3 weeks, balance (40%) upon delivery. Other countries (including French overseas departments and territories): 50% upon order, 50% upon delivery. In case of deferred payment or credit payment, for the purposes of this article, a payment is not the simple submission of a bill of exchange or a cheque implying an obligation to pay, but the actual settlement by the agreed due date.

10.2. Late or default payment

In case of late payment, the Seller may suspend all current orders, without prejudice to any further course of action. All sums unpaid by the due date appearing on the invoice shall by right give rise to the application of a penalty. This is equal to one-and-a-half times the legal interest rate (if no legal rate is set, the penalty rate for late payment shall equal the rate applied by the Central European Bank on its most recent transaction, plus seven points). The “Dutreil" circular of 16 May 2003 (JO 25 May 2003, p. 8970) states that income and expenditure relating to penalties for late payment are respectively included to calculate taxable profit or corporation tax, in the year they are received and paid. These provisions apply “to penalties for late payments pertaining to receivables and payables arising between the date when Law No.2001-420 of 15 May 2001 relating to new economic regulations came into force, and 31 December 2004” (L. Fin. amendment for 2002, Art. 20). These penalties shall be payable on simple request by the Seller or the service provider. The amount of such interests for late payment shall be applied by right to all discounts, rebates or reductions due by the Seller. In case of default payment, forty-eight hours after a formal notice served has been unsuccessful, the sale shall be cancelled by right if the Seller so desires, and he may demand summary proceedings for the return of the goods, without prejudice to any other damages. The cancellation shall affect not only the order in question, but also all previously unpaid orders, whether they have been delivered or are in the process of delivery, and whether their payment is due or not. Where payment is made by bill of exchange, any failure to return the bill of exchange shall be considered as non-acceptance, equivalent to a payment default. Similarly, where payments are spread out, failure to make a single payment shall give rise to the immediate payment of the entire sum due, without issue of a formal notice. In all the preceding cases, the payments due for other deliveries, or for other reasons, shall immediately become payable if the Seller chooses not to cancel the corresponding orders. The Buyer shall reimburse all the costs incurred due to the disputed collection of the amounts due, inclusive of fees for legal officers. The Seller shall not grant any discount for cash payment or for early payment with regard to the date applicable under the general terms and conditions of business.

10.3.Security requirement or Payment

Any deterioration of the Buyer’s credit standing may justify a security requirement or payment in cash or by sight bill, before the execution of orders received. In particular, this shall be the case if there is any change in the debtor's capacity, in his professional activity (or, if it is a company: in body of directors, or the structure of the company), or if any disposal, rental, or pledge of his business or transfer of his goodwill, has a negative effect on the Buyer’s credit standing.

Article 11.

Transfer of Risks

The transfer of risks on goods, even in the case of sales agreed as free of charge, is effective as from the moment of dispatch from the Seller’s warehouse. As a result, the goods are transported at the Buyer’s risk. The onus is on the latter, in the event of damage, loss or shortage, to make the necessary reservations and to exercise the right of recourse against the responsible carriers.

Article 12.

Reservation of Title

All works and articles not yet paid for in full shall remain the property of Thierry Loeve, or of his beneficiaries, until payment in full is made by the Buyer. During the period of Reservation of Title, the client shall bear the risks in case of loss or destruction of the item sold as soon as it is delivered. Should the client go into receivership or into compulsory liquidation, the ownership of goods delivered and unpaid may be claimed by Thierry Loeve or his beneficiaries. In the case of resale of goods supplied by Thierry Loeve, where as the client has not yet effected payment in full, the latter undertakes to inform any buyer of the Clause relating to Reservation of Title herein, which encumbers these goods, and of the right of Thierry Loeve to claim in hand either the goods concerned or their equivalent value.


Intellectual Property

Thierry Loeve and his beneficiaries hold the intellectual property rights for all the works and photographs appearing in the catalogues, brochures, websites, advertising and information documents, irrespective of their nature and medium. As a result, their reproduction in whole or in part, on any medium whatsoever, their use, and their being made available to third parties, is strictly prohibited without the written and signed authorisation of Thierry Loeve or his beneficiaries, having prior accreditation from him..


Right of return

Within 7 working days of delivery of his order, the client has the right to return any product, at his cost, for the purpose of exchange or refund, which does not suit him, in accordance with Article L 121-16 of the Consumer Code. The returned product shall be in its original condition and packaging. It should not have been used, nor have suffered the slightest damage, and should be in perfectly clean condition. This right of return shall be exercised without penalty, except for the costs of return, within 30 days as from receipt of the product and the client shall be reimbursed all amounts paid. For this purpose, he shall provide Thierry Loeve with his banking details.

Article 15.

Packaging - Consignment

Packaging is sold to clients. Packaging bearing the mark of the Seller shall only be used for his products and may under no circumstances be used for products other than his own. Any violation of this rule shall render its author liable to prosecution and the payment of damages.

Article 16.

Jurisdiction - Disputes

Before any legal proceedings the parties shall attempt to reach an amicable agreement through the intermediary of “Ateliers d’art de France”. In the case of litigations of any kind or dispute regarding the drawing up or carrying out of the order, the court of Nantes (Loire-Atlantic, France) shall have sole jurisdiction, unless the Seller prefers to have recourse to another competent jurisdiction (except for contracts entered into with consumers). This clause shall apply even in the case of summary proceedings, incidental claim or multiple payments, and no jurisdictional clauses that may be contained in Buyers’ documents shall prove an obstacle to the application of this clause.

Article 17.

Contractual terms

french law applies

Article 18.

Contractual terms

french applies