Terms and conditions of sale

Article 1- Application and enforceability :

The purpose of this document, which forms the basis for commercial negotiation, is to set out the general terms and conditions for the provision of services by PARTNER FINE ART, whose registered office is located at 50 rue Ardoin, 93400 Saint-Ouen-sur-Seine, France, registered with the Nanterre Trade and Companies Register under no. 913 835 435 00029 (the "Company"), in any capacity whatsoever, including but not limited to storage, warehousing, depository, transport organizer (freight forwarder, carrier, freight forwarder, remover, etc.) or packer, for the purpose of selling or distributing our products.) or packer, for goods of all origins and for all destinations. The present terms and conditions take precedence over any general terms and conditions of customers, unless otherwise expressly agreed by the Company. 

 

Article 2 - Definitions :

Packer's activities include, in addition to the actual packing, all handling services (such as hanging and unhooking) relating to the goods. The Shipment is the quantity of goods, including packaging and load carriers, effectively made available to the Company at the same time, and for which the shipment or any other service relating to these goods is requested by the same customer for the same destination. 

A Parcel is understood to be an object or a material assembly made up of several objects, whatever their weight, dimensions and volume, constituting a packaged unit load delivered to the Company, even if the contents are detailed in the delivery document. 

The Customer is understood to be the party who enters into the contract with the Company, regardless of the capacity in which the latter is called upon to perform the service ordered. Delivery is the physical handing over of the goods to the recipient or his representative, who accepts them.

The Services are the services provided by the Company for the Customer, at the Customer's request, in order to satisfy a need or respond to a request.

 

Article 3 - Price of services :

3-1) Quotations or other price offers are indicative and calculated on the basis of information provided by the Customer or the Ordering Party, taking into account the Services to be performed and the nature, weight and volume of the goods to be transported. Prices do not include duties, taxes, fees and levies due in application of any regulations, in particular fiscal and customs regulations.

3-2) Quotations or other price offers are subject to currency exchange rates at the time they are given. They are also subject to the conditions and rates of subcontracting agents, as well as to the laws, regulations and international conventions in force at the time they are drawn up. 3-3) Should any of the elements used as a basis for drawing up the quotation be modified after submission of the quotation, the prices given in the quotation will be modified under the same conditions. The same would apply in the event of a change in the general structure of the contract as a result of any unforeseen event.

 

Article 4 - Insurance :

4-1) No insurance is taken out by the Company without a written order from the Customer, repeated for each operation, specifying the risks to be covered and the values to be guaranteed. If so instructed by the Customer, the Company will take out "Ad valorem" insurance cover for the goods entrusted to it, on behalf of the Customer or the Instructing party, depending on the risk incurred and the service to be provided, within the limits of the insurance policy taken out. As the Company acts as an agent, it cannot be held jointly and severally liable with insurers, nor can it be held personally liable.

4-2) In the absence of a written order from the customer and timely payment of the invoiced insurance premium, the insurance contract will be deemed not to have come into force.

 

Article 5 - Subcontracting :

The Company's substitutes, intermediaries and subcontractors are deemed to have been approved in advance by the Customer.

 

Article 6 - Customer obligations :

6-1) The Customer is obliged to give the Company all precise and necessary instructions in good time for the execution of the Services. The Company is not obliged to verify the content and/or authenticity of documents provided by the Customer. The Customer shall inform the Company of any data likely to have an impact on the proper performance of the contract, failing which the Company may be held liable.

6-2) Any restrictive instruction (such as Cash on Delivery, etc.) must be the subject of a written order repeated for each Shipment and of the Company's express acceptance. In any event, such instructions are only ancillary to the main service entrusted to the Company.

 

Article 7 - Delivery times :

Departure and arrival dates communicated by the Company are given for information only. In any event, no compensation for late delivery is due. If the Customer proves that he has suffered damage directly linked to the delay, the liability limits of article 8 will apply.

 

Article 8 - Liability :

8-1) General information

When the Company is held liable, for any reason whatsoever and in any capacity whatsoever (including but not limited to transport organizer, packer, stocker, custodian, etc.), its liability is strictly limited to:

- for loss of or damage to goods, and for any consequences that may result therefrom, at 33 Euros per kilo of gross weight of missing or damaged goods, with a maximum of 1,000 Euros per Package, and in any event limited to 7,623 Euros per claim, whatever the weight, volume, dimensions, nature or value of the goods, without the indemnity exceeding the initial value of the goods concerned, or the loss actually suffered if it is less than this limit.

- for bulk shipments, compensation may not exceed 1 Euro per kilo of gross weight of missing or damaged goods, with a maximum of 7.623 Euros per Shipment. It is further agreed that the Company's liability is limited to material damage only, to the exclusion of any other loss, including but not limited to intangible, commercial and/or moral damage.

 

The Company's liability for material damage to real and personal property (excluding items handed over to the Company) caused by its fault or negligence may not exceed a maximum of 1,500 Euros per claim, whatever the cause of the damage. All quotations, offers and rates are drawn up taking into account these limitations of liability. Where the value of the goods covered by the contract exceeds the aforementioned liability limits, it is the customer's responsibility to take out additional insurance or to assume the risks for the value in excess of these amounts. 

The Company may not be held liable in the event of misrepresentation or error of indication concerning the weight, nature, characteristics, volume and material of the goods and/or the accessibility and characteristics of the premises in which the Services are to be performed.

8-2) Packaging and wrapping

The Company's choice of materials, packaging and closures is based on instructions from the customer and third parties. Packaging conditions themselves (in particular working space and packaging time) are dictated by the conditions imposed by the customer and third parties. Under no circumstances can the company be held solely responsible for the consequences of packing when it is not the only player in the operation. The company cannot be held responsible for corrosion or oxidation problems.

 8-3) Transport 

In the event of loss, damage or other damage to the goods, it is the responsibility of the consignee or receiver to make regular and sufficient observations, to make full and detailed reservations about the loss and/or damage to the last carrier and, in general, to take all necessary steps to preserve recourse in the legal form and time, failing which no recourse may be exercised against the Company.

 

Article 9 - Payment terms :

9-1) The Company's Services are payable in cash on receipt of invoice, without discount. Where payment terms are exceptionally granted, partial payment will be applied first to the non-preferential part of the receivables. Non-payment of a single instalment will result in immediate acceleration of the term, with the balance becoming immediately due and payable.

9-2) Penalties equal to three times the legal interest rate will be applied after the due date shown on the invoice, as well as a fixed indemnity for collection costs. 

 

Article 10 - Contractual lien :

The Company has a preferential right of retention on all documents, goods and securities entrusted to it as security for all its claims, even those arising from operations prior to or unrelated to the documents, goods and securities retained. The customer acknowledges the Company's conventional right of pledge. In accordance with article 381 of the Customs Code, the Company acting as customs agent is subrogated to the lien of the Customs Administration.

 

Article 11 - Processing of personal data :

As part of the Services offered, the Company collects and processes the Customer's personal data.

In this context, the Customer consents to the processing of his/her personal data in accordance with the General Data Protection Regulation and is informed of the existence of the processing and its purposes, as well as the period for which the data will be kept. 

Customers have the right to access, rectify or delete their personal data, and the right to object to the use of their personal data. 

Customers may send their requests by post or electronically to the Company. 

 

Article 12 - Jurisdiction - Applicable law - Limitation period :

Any dispute relating either to the payment of invoices or to the performance of the Contract shall fall within the exclusive jurisdiction of the Courts of Paris, even in the event of a warranty claim or multiple defendants.

All the Company's operations are governed by French law, and all the clauses of these general terms and conditions must be applied and interpreted in accordance with that law. All actions relating to Services entrusted to the Company are time-barred at the end of a period of one year as from the occurrence of the loss or its knowledge by the Customer.

 

Article 13 - Severability :

If any provision of these GTC is declared invalid or illegal, it is understood that the remaining provisions of these GTC will remain valid and enforceable.