General terms and conditions of distance Sale

In force as of 07/10/2024

ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Seller on the website www.louisdemontignac.com, or by websites bringing together antique dealers, such as www.proantic.com, or www.anticstore. These sites are hereinafter referred to as the Sites. The Products offered for sale on the site are as follows: “furniture”, “paintings”, “art objects”, “sculptures”, “ceramics”, “antiques in general”
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Sites, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
The Product offers are within the limit of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the site www.louisdemontignac.com and will prevail over any other document.
The Customer declares having read these T&Cs and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.louisdemontignac.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
LOUIS DE MONTIGNACQ SAS, SAS
Share capital of 6150 euros
Registered with the RCS of PARIS, under number 930719752
Registered office: 9, rue Boulle 75011 Paris
Email: louis2montignac@gmail.com
Telephone: +33782736473
The Products presented on the website www.louisdemontignac.com are offered for sale for the following territories: worldwide.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 – Prices
The Products are supplied at the prices in force appearing on the Sites, when the order is registered by the Seller.
Prices are expressed in Euros including tax. In the case of second-hand goods, the Seller is subject to the VAT tax regime on the profit margin (art. 297 of the General Tax Code).
The application of the margin regime excludes any deduction by the taxable reseller of the VAT relating to the purchase of the goods.
These prices are fixed and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Sites and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer prior to delivery of the Products ordered.

ARTICLE 3 – Orders
3.1 Orders on the site www.louisdemontignac.com
It is up to the Customer to select on the site www.louisdemontignac.com the Products that he wishes to order, according to the following terms:
The customer chooses a Product that he places in his basket, a Product that he can delete or modify before confirming his order and accepting the general conditions of sale. He will then enter his contact details or log in to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the site www.louisdemontignac.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.

3.2 Orders on Sites other than www.louisdemontignac.com
Unlike the site www.louisdemontignac.com, the other Products presented on other antique dealer sites do not give rise to registration in a basket, nor to the opening of a customer account. The sale is concluded by an exchange of emails between the Seller and the Customer, allowing in particular to define the final price, the terms of payment and delivery.
Any order placed in this way constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The sale will only be considered valid after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any errors.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be informed by email of the progress of his order.

ARTICLE 3 Bis – Customer area – Account (for purchases made on the website www.louisdemontignac.com)
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is informed that he can modify it by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer is prohibited from disclosing it. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: contact@conferences.art. This will be effective within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the site www.louisdemontignac.com will have the possibility of suspending or even closing a customer’s account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Customer’s personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails acceptance of these general terms and conditions of sale.

ARTICLE 4 – Payment terms
The price is paid by secure payment, according to the following terms:

payment by credit card
or payment by check
or payment by bank transfer to the Seller’s bank account (whose details are communicated to the Customer when placing the order)

The price is payable in cash by the Customer, in full on the day the order is placed.
The seller may exceptionally grant the Customer the right to pay according to a schedule that will not exceed 3 monthly payments, the first upon placing the order. The amount of the various payments will be determined on a case-by-case basis.
In this case, in the event of late payment and payment of the amounts owed by the Customer beyond the deadlines set above, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount including tax of the purchase price appearing on said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior notice.
Late payment will result in the immediate payment due date of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to take, in this respect, against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website www.louisdemontignac.com.
In the event of payment by bank check, it must be issued by a bank domiciled in mainland France or Monaco. The check is cashed upon receipt.
Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following zone(s): Worldwide.
Deliveries take place after final receipt of the sale price, within a few days if the Products are shipped by La Poste or an equivalent service, between a few days and a few weeks for heavy and bulky items – such as furniture – depending on the place of delivery, and the constraints imposed by specialized road carriers, particularly in the case of groupage. Delivery will be made to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 2162, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Deliveries are provided by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
When the Customer has himself taken charge of using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
The Seller also offers free delivery to one of its stores accessible via the link or the following locations: delivery of small objects and paintings possible at the store Les Audacieuses 142 rue Saint-Honoré 75001 Paris
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 7 calendar days from delivery to make complaints by registered letter with acknowledgment of receipt or email to contact@conferences.art, accompanied by all supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.”
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
Return costs will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – Seller’s Liability – Guarantees
The Products supplied by the Seller benefit from:

the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code “The good conforms to the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Article 1648, paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.” In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under guarantee deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller’s discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and shall not engage the Seller’s liability.

The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.

ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data
The personal data collected on the site www.louisdemontignac.com are as follows:
Opening an account
When creating the Customer/user account:
First name, last name, postal address, telephone number and email address.
Payment
As part of the payment for the Products offered on the site www.louisdemontignac.com, it records financial data relating to the bank account or credit card of the Customer/user.

9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing
Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period
The Seller will retain the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the site www.louisdemontignac.com have the following rights:

They can update or delete data concerning them in the following manner:

by making a request to contact@conferences.art.

They can delete their account by writing to the email address indicated in Article 9.3 “Data Controller”
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data Controller”
If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 “Data Controller”
They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 “Data Controller”
They can also request the portability of the data held by the Seller to another service provider
Finally, they can object to the processing of their data by the Seller

These rights, provided that they do not oppose the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer’s request, the latter must provide reasons.
The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box in which he/she agrees to receive informative and advertising emails from the Seller. He/she will always have the option of withdrawing his/her consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property
The content of the site www.louisdemontignac.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 12 – Disputes
For any complaints, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
Consumer & Heritage Mediation 12 square Desnouettes 75015 Paris https://mcpmediation.org/
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
Completed on https://www.legalplace.fr