Terms and conditions:
Article 1 - Buyers
Only persons legally of age and registered can buy on the Website. Anyone interested in an item on the Website may make an appointment with Expertissim to see the item. Appointments are made at the following number: +33 1 75 43 05 24. Any person may also ask to speak with the Expert who presents the item by filling out the "Contact Us" form.
Expertissim reserves the right to reject any Buyer with whom there is a dispute or would not provide the necessary guarantees of solvency.
a. Selling Price
The purchase price of the Consigned Item that is registered on the Webite at the time the Buyer clicks the "Buy" button. Expertissim charges a commission of 25% VAT to the Buyer which is calculated and paid at the same time as the Consigned Item is acquired. Commission fees and taxes of the selling price are given distinctively on the Consigned Item's page. The same fees apply for all Consigned Items presented. Delivery charges (including packing, insurance, and other formalities may be required) are at the discretion of the Buyer, added to the purchase price, in step 2 of the purchase process.
b. Terms of Purchase and Payment
The Buyer has the option to acquire exclusively on the Website. The Consigned Item is considered to be definitively established when a Buyer agrees to purchase. However, it is kept on-line with the phrasing "pending purchase" until full payment of the Consigned Item is completed; provided that if the payment is not made within 7 days of the agreement, the sale becomes null.
However Expertissim reserves in the case of agreement abuse, all rights to cancel the Item for the Buyer and take all appropriate measures to prohibit its Website from the Buyer for a timely period.
Payment is made in currency. Buyer may choose from the following methods of payment:
online by credit card, ensuring that he/she is fully authorized to use the credit card and that it gives access to sufficient funds to cover all costs resulting from the use of Expertissim's services ,?
by wire transfer?
,- by check, issued by a French bank (a valid ID may also be requested),
in cash, according to French regulations, and exclusively at Expertissim's headquarters,?
via Pay-Pal.?
The data registered with Expertissim constitute proof of all transactions between Buyer and Consignor on the Website.
Payment facilities can be arranged per Buyer's request if the purchased object is acquired for an amount greater than €4,000 (four thousand euros).
c. Default on Payment
All payments must be completed by Expertissim within 7 days after registration of the online transaction. In case of non-recovery of payment by Expertissim within 10 calendar days after registration of the online transaction, Expertissim reserves the right to simply cancel the sale and re-list the Consigned Item on the Website.
d. Displaying sold Consigned Items
Buyer may choose to hide the sale price and the estimation of Consigned Item in step 3 of purchase process. In this case, the wording "NC" (for "non communicated") replaces the selling price and the estimated appraisal. Expertissim then agrees not to disclose the price and the estimation of Item has the caption "NC".
The description of the object, as well as photographs of the object on the Site remain online after the sale, in perpetuity. Pursuant to the exercise of its copyright, Expertissim reserves the right to unilaterally refuse any request by the Buyer that seeks to challenge the publication, dissemination and reproduction of photographs, and Expert's description of purchased Item.
e. Delivery - Withdrawal of Item
Expertissim will notify the Buyer systematically by e-mail, on behalf of the Consignor, the fully paid price and the conditions for retrieving the acquired Item. No Item will be given to the Buyer before payment of all sums due and ratification of the sale.
The Consigned Item may, at the option of the buyer:
Be removed only by appointment at Expertissim's showroom in Paris, 75002 or warehouse at Quai de Seine, Saint-Ouen (93 - outside of Paris);?
Be delivered, provided that the shipping costs are the responsibility of the Buyer. They are paid online at the time of purchase. For deliveries and services outside the French territory, the provisions of the Tax Code relating to the VAT will apply. In case of export outside the European Union, customs fees are the responsibility of the Buyer.?
Expertissim can administer all the paperwork necessary for the export of purchase (customs, export license, etc.). However Expertissim not be held liable due to a refusal or an administrative withdrawal.
f. Right to Withdraw
Under the legislation on sales of goods and services at a distance, especially of Article L. 121-20 of the Consumer Code, the Buyer-consumer has a period of 14 calendar days of receiving the purchase, to withdraw without any reasons and incurring penalties, except, where applicable, the cost of return. It is stated that the legal right of withdrawal only applies when the Seller is professional and the Buyer is a personal consumer. If possible exercise of the right of withdrawal, the Buyer shall be refunded as soon as possible and no later than 30 days following the date on which the right of withdrawal is exercised. This reimbursement shall be made by any means of payment except cash. Expertissim disclaims all liability in respect of a parcel returned by the Buyer without tracking. No refund will be given if the item is not returned to Expertissim in full, in its sold condition, and packaged in the original material. No refunds will be given to the Buyer past the statutory period of withdrawal, except in the cases expressly mentioned in Article 4f of these Terms and Conditions.
g. Complaint
Claim based on an error of the Item's condition
Items are sold by Expertissim are works of art, antiques and used items, sold as described by the Expert on the Website and on the invoice. Expertissim reserves the right to unilaterally refuse any request to impose on the Company any costs of repair or restoration due to the wear and use of the object.
If the Buyer declares a loss, chip, crack, or any other damages on the Item that had not been described by the Expert or not visible on the Item's photographs of the object; and losses, chips, cracks or damage that occurred post-Purchase, the Buyer shall have 48 hours to make a claim by contacting the Logistics Department at the following number +33 1 81 82 24 20 or Customer Service at the following number: +33 1 75 43 05 24. After review and acceptance of the complaint in writing by Expertissim, the Buyer has 14 calendar days to return the Item. Return costs are the responsibility of Expertissim based on the published rates per Colissimo La Poste, and upon presentation of proof of shipment. Expertissim will reimburse the Buyer within 30 calendar days of receiving the Item. This reimbursement shall be made by any means of payment except cash. Expertissim disclaims all liability in respect of a parcel returned without tracking from the Buyer. No refund will be given if the item is not returned to Expertissim in full, sold condition, and packaged in the original material. No other refunds will be given on behalf of Buyer except in the precise cases.
Claim based on an error of the Item's identification
The expert's description listed on the Website and invoice is the responsibility of Expertissim for a period of ten years from the delivery of the purchased Item. Expertissim will reimburse the Buyer the price of a purchased object if the error of the Item's identification is proven.
h. VAT refund - Refund of VAT on exportations outside the European Union
Any VAT charged will be refunded to non-residents of the European Union, provided that they make a written request to the Purchase Manager or Customer Service within three months after the validation of the purchase payment and upon presentation the appropriate copy of the customs document of exportation (SAD) which should note Expertissim as Seller. The export must occur within the statutory period of three months from the date of purchase.
Refund of VAT for professionals in the European Union
The VAT charged will be refunded to professional buyers of another member state of the European Union, provided that they make a written request to the Purchase Manager, Logistics Service or Customer Service within one month from the date of purchase. VAT will be refunded upon presentation of the intra-community number and tracking number of shipped lots to that other State in accordance with the administrative rules within one month from the date of purchase.
For further information on measures taken by Expertissim for the reimbursement of VAT please contact Camille Heurtaut, Purchase Manager via phone at the following number +33 1 82 83 74 10 or email at achats@expertissim.com.
Article 2 - Responsibility / Liability
a. General
Expertissim is responsible with respect to the Consignor as well as Buyer, the representation of the price and delivery of the Item which it made for sale. The sold Item may not however, be given to the Buyer when the full price is not paid to Expertissim or when any guarantee is not fulfilled for payment by the Buyer.
b. Appraisal
Expertissim declares having contracted insurance covering professional liability. This coverage extends involved Experts. In this respect, the following provisions, enacted by Decree No. 81-255 dated March 3, 1981 concerning the suppression of fraud in transactions involving art and collectibles as outlined :
The name of a work or an object, and only when it is immediately followed by a reference to a historical period, century or time, warrants to the Buyer that the work or object was actually produced during the referenced period. When one or more parts of the work or antique are of a later time period, the Buyer must be informed;?
Unless it is accompanied by an express reservation of authenticity, whether a work or an object bearing the signature or stamp of an artist leads the guarantee that the artist mentioned is actually the author/creator. The same effect is attached to the terms "by", "from","of" followed by the name of the author/creator. This applies even when the name of the artist is immediately followed by the name or title of the work;?
The use of the terms "attributed to" followed by an artist's name ensures that the work or the object was produced during the production period of the artist and states that there is substantial evidence to designate it as the probable author/creator;?
The use of "workshop of" and "studio of" followed by an artist name ensures that the work was produced in the cited master's studio or under his direction. The mention of a family workshop followed by a mandatory period is specified in the case of a family workshop which has retained the same name for several generations;?
The terms "school of" followed by an artist name leads to guarantee that the creator/author of the work was the pupil of the cited master or famously been influenced or benefited from their technique. These terms may only be applied to a work executed during the lifetime of the artist or in less than fifty years after their death. When referring to a specific place, the term "school of" ensures that the work was performed during the lifetime of the designated artistic movement whose time must be specified and an artist who participated in this movement;?
The wording "in the style of", "style", "manner", " in the manner of ", "similar to", "after", "according to" confer no particular guarantee in identifying the artist, date of work or school;?
Any facsimile, overlaid copy, adaptation, multiple, copy or other reproduction of a work of art or a collectible must be designated as such.?
c. Delivery
Expertissim will only ship the items when they have been paid for in full (receipt of payment). The delivery period shall be maximum 30 days after receipt of payment in the case of deliveries within the EU, and 40 days for deliveries to countries outside the EU. Delivery periods can be postponed, especially in case of goods which are related to the protection of species and cultural assets, because of official requirements for the ex- and import (for example export and import licenses). Expertissim shall not be liable for delays based on aforementioned circumstances. It is at the expense of a buyer, if a successful delivery to the buyer is not possible due to import regulations. This means that the buyer has to ensure before the conclusion of a purchase agreement with Expertissim that import regulations do not interfere a successful delivery.
If, immediately upon receipt of the item, it should be discovered that the item has suffered severe damage during shipping, the customer should retain the packaging as evidence, since otherwise proving that the damage occurred during transit is considerably more difficult for Expertissim or may even be impossible. Please contact us within 48 hours in such a case.
For consumers, the statutory provisions shall apply, i.e. under no circumstances shall the consumer bear the risk of conveyance during shipping.
Article 3 - Personal data
Expertissim undertakes not to disclose to third parties the information provided by Users on the Website. These are private. They will be used by Expertissim's internal services only for the management of offers of sale and purchase, and to reinforce and personalize the communication including letters and e-mails. Such information may be used within the framework of customizing the site according to the preferences of the users.
Expertissim does not sell, commercialize and rent to third parties any information about its Users. Expertissim may send to its Users information and commercial offers from its partners when they have accepted so upon registration on the Website. In case of sale or use by third parties of personal data, Expertissim agrees in advance to inform the User to allow them to exercise their right to object. Expertissim may also provide consolidated statistics about its Users, sales, or any other information on the Website to trusted third parties, but these statistics will include no personal data. This article shall not prevent the sale or transfer of business to a third party. Therefore, in accordance with the Data Protection Act of January 6, 1978, the User can exercise their right of access to the file and the right to correct and delete information about the User, by sending a request (indicating e -mail, name, and postal address), via the Contact form online under "I want to change my contact information" and "I want to cancel my account Expertissim", or by email to one of two following addresses: contact@expertissim.com or paulinebalayer@expertissim.com, or by mail at the following address: 10 rue Expertissim Uzès, 75002 Paris.
Article 4 - Customer Service
For any information, question or complaint, the User may contact Expertissim Monday to Friday from 9:30 to 18:30 Central European Time in Customer Services located at 10 rue d'Uzès, 75002 Paris, via telephone at: +33.1 .75.43.05.24, and email at the following address: paulinebalayer@expertissim.com.
Article 5 - Disputes - Applicable law
These terms and conditions initially transcribed in French than translated into English, will be executed and interpreted in accordance with French law. In case of litigation, the User and Expertissim will use their best efforts to reach an amicable solution. Otherwise, the French courts will have jurisdiction
Article 6 - Amendment of service or conditions of use
Expertissim reserves the right to make changes to the Website, procedures, Terms and Conditions, including presented Sales Conditions at any time.
Buyer is subject to Terms and Conditions, procedures and Sales Conditions enacted when ordering an Item, unless a change to these Terms and Conditions, or presented Sales Conditions is required by an administrative or governmental authority (in this case, the change could also potentially be applied to previous orders the Buyer has made).
If any provision of these Terms and Conditions is deemed invalid, void or unenforceable, for whatever reason, that provision shall be deemed severable and shall not affect the validity and effectiveness of the remaining provisions.
Condition:
Expertissim declares having contracted insurance covering professional liability. This coverage extends involved Experts. In this respect, the following provisions, enacted by Decree No. 81-255 dated March 3, 1981 concerning the suppression of fraud in transactions involving art and collectibles as outlined :
The name of a work or an object, and only when it is immediately followed by a reference to a historical period, century or time, warrants to the Buyer that the work or object was actually produced during the referenced period. When one or more parts of the work or antique are of a later time period, the Buyer must be informed;?
Unless it is accompanied by an express reservation of authenticity, whether a work or an object bearing the signature or stamp of an artist leads the guarantee that the artist mentioned is actually the author/creator. The same effect is attached to the terms "by", "from","of" followed by the name of the author/creator. This applies even when the name of the artist is immediately followed by the name or title of the work;?
The use of the terms "attributed to" followed by an artist's name ensures that the work or the object was produced during the production period of the artist and states that there is substantial evidence to designate it as the probable author/creator;?
The use of "workshop of" and "studio of" followed by an artist name ensures that the work was produced in the cited master's studio or under his direction. The mention of a family workshop followed by a mandatory period is specified in the case of a family workshop which has retained the same name for several generations;?
The terms "school of" followed by an artist name leads to guarantee that the creator/author of the work was the pupil of the cited master or famously been influenced or benefited from their technique. These terms may only be applied to a work executed during the lifetime of the artist or in less than fifty years after their death. When referring to a specific place, the term "school of" ensures that the work was performed during the lifetime of the designated artistic movement whose time must be specified and an artist who participated in this movement;?
The wording "in the style of", "style", "manner", " in the manner of ", "similar to", "after", "according to" confer no particular guarantee in identifying the artist, date of work or school;?
Any facsimile, overlaid copy, adaptation, multiple, copy or other reproduction of a work of art or a collectible must be designated as such.
Shipping Terms:
Expertissim will notify the Buyer systematically by e-mail, on behalf of the Consignor, the fully paid price and the conditions for retrieving the acquired Item. No Item will be given to the Buyer before payment of all sums due and ratification of the sale.
The Consigned Item may, at the option of the buyer:
Be removed only by appointment at Expertissim's showroom in Paris, 75002 or warehouse at Quai de Seine, Saint-Ouen (93 - outside of Paris);?
Be delivered, provided that the shipping costs are the responsibility of the Buyer. They are paid online at the time of purchase. For deliveries and services outside the French territory, the provisions of the Tax Code relating to the VAT will apply. In case of export outside the European Union, customs fees are the responsibility of the Buyer.?
Expertissim can administer all the paperwork necessary for the export of purchase (customs, export license, etc.). However Expertissim not be held liable due to a refusal or an administrative withdrawal.
Expertissim will only ship the items when they have been paid for in full (receipt of payment). The delivery period shall be maximum 30 days after receipt of payment in the case of deliveries within the EU, and 40 days for deliveries to countries outside the EU. Delivery periods can be postponed, especially in case of goods which are related to the protection of species and cultural assets, because of official requirements for the ex- and import (for example export and import licenses). Expertissim shall not be liable for delays based on aforementioned circumstances. It is at the expense of a buyer, if a successful delivery to the buyer is not possible due to import regulations. This means that the buyer has to ensure before the conclusion of a purchase agreement with Expertissim that import regulations do not interfere a successful delivery.
If, immediately upon receipt of the item, it should be discovered that the item has suffered severe damage during shipping, the customer should retain the packaging as evidence, since otherwise proving that the damage occurred during transit is considerably more difficult for Expertissim or may even be impossible. Please contact us within 48 hours in such a case.
For consumers, the statutory provisions shall apply, i.e. under no circumstances shall the consumer bear the risk of conveyance during shipping.
