Last update of this document: August 28, 2020
Important note: This document is an English translation of the original General Terms and Conditions of Sale written in French. Only the original French version is valid and is binding Galerie Henri Baltia. In case of contradiction or conflict between the French version and the English version, the French version prevails.
Scope of this document
These General Terms and Conditions of Sale (GTCS) apply to all sales concluded by Galerie Henri Baltia – a simplified joint stock company with a sole shareholder, registered in France in the Trade and Companies’ Register of Paris under number 878070556, and having its registered offices at 62 boulevard Richard Lenoir, 75011 Paris, France – with professional and non-professional clients, corporate clients and private customers wishing to acquire works presented by the Galerie Henri Baltia on its website www.henribaltia.com or in its premises.
In these Terms and Conditions, the Galerie Henri Baltia may simply be called “the Gallery”.
The validation of an order or of a purchase by a customer, whatever the form of this validation, and / or its payment entail full and unconditional acceptance of these General Terms and Conditions of Sale.
Unless otherwise indicated, all the works presented by the Gallery are original and authentic. Upon request, a certificate of authenticity may be issued.
State of works
The works presented by the Gallery are clearly described and displayed on the Gallery’s website. Unless otherwise stated, the dimensions of the works are indicated in centimetres. Upon request, the Gallery may send by email additional pictures.
The works are also visible, by appointment, at the Gallery (62 boulevard Richard Lenoir – 75011 Paris).
The written descriptions published by the Gallery are intended to be clear and complete but may include errors or omissions. If, in spite of all the attention given by the Gallery, an error or an omission should arise, the Gallery cannot be held responsible in any case. Descriptions and pictures published by the Gallery are not contractual.
Unless otherwise stated, works are sold unframed.
The Gallery will confirm the availability of the works before the buyer places his order. In any case, the Gallery shall not be held liable in the event that one or more works are unavailable.
Any order is binding and final, and entails the automatic and full acceptance of these General Terms and Conditions by the buyer.
Once the order is accepted and approved by the Gallery, the buyer has a maximum delay of 10 calendar days to proceed with the payment under the conditions listed below.
Price and payment
Prices are subject to changes without notice and are expressed in Euros (EUR). Only payments in Euros (EUR) are accepted.
Payments must be made by bank transfer to the account of the Gallery. Therefore, the Gallery will provide the buyer with its bank details. Any fee charged by the bank of the client and / or by any intermediary will be entirely at the charge of the client. Those fees will never be charged to the Gallery and will never be deducted from the agreed price. Cheques and bank cheques are not accepted.
Payments are due immediately, and should be made in full before the Gallery sends to the buyer the work that he ordered or before the withdrawal of the work by the buyer in the premises of the Gallery.
The selling price takes into account the condition of the work at the time of the sale.
The buyer will become the owner of the work only once the agreed price has been paid in full.
Packaging, transport, insurance and customs
The packaging costs of the works are at the charge of the Gallery. The Gallery will carefully protect the works and will use suitable standard boxes or envelopes. If the buyer requests a specific packaging, its costs will be borne by the buyer.
The cost of transportation is at the charge of the buyer and comes in addition to the price of the work. It must be paid by the buyer at the same time and under the same conditions as the price of the work. The gallery will communicate the cost of transportation to the buyer at the time of the order.
The choice of the carrier belongs to the Gallery. The Gallery uses the following carriers: Chronopost, DHL, UPS and Fedex. The General Conditions of the selected carrier will apply to the transport operation.
No insurance will be underwritten by the Gallery in addition to the basic insurance that may be included on standard basis by the carrier. The buyer may however request that the Gallery subscribes additional coverage from the carrier. In this case, the cost of any additional insurance will be charged to the buyer.
In case of default or damage, it will be the buyer’s responsibility to take all necessary steps with and towards the carrier within the contractual and legal deadlines.
When and where applicable, the payment of customs duties and / or customs clearance costs will be entirely at the charge of the buyer. The related formalities, if any, will be the full responsibility of the buyer.
In case of error of delivery or in case a defect would not have been previously reported, complaints must be made by email to the Gallery within a period of 14 days following the date of receipt of the work.
Requests for return are subject to the prior approval of the Gallery. The Gallery will assess the legitimacy of the reason invoked by the buyer in his claim.
Right of cancellation and withdrawal period
In case of sale by Internet or by phone, the buyer has the right to cancel the sale within 14 days.
Any request to exercise the right of cancellation must be made by email within 14 days of receipt of the order (articles L 221 and following of the French Consumer Code).
Therefore, a specific form is made available to the buyer; it is included at the end of these General Terms and Conditions.
Right of cancellation: return of the works to the Gallery
Returns must be sent as soon as possible to the Gallery’s offices: 62 boulevard Richard Lenoir – 75011 Paris. Returns are subject to the prior agreement of the Gallery.
In case of return, the costs of packaging, shipping, insurance, custom taxes, customs clearance fees in the country of departure and in the country of destination (if any), are entirely at the charge of the buyer. It is the responsibility of the buyer to carefully pack and protect the work, and make sure that it is not and cannot be folded during transport.
Works damaged or soiled due to the negligence of the buyer will not be taken back. In case of obvious negligence in the packaging of the works, the Gallery may use the services of a bailiff whose fees will be entirely borne by the buyer.
Whether in the context of a claim or following the exercise of the right of withdrawal, any refund will be made by bank transfer within the 10 working days following the reception of the work(s) at the Gallery. For this purpose, the buyer will communicate in advance his complete bank details including his IBAN to the Gallery. The amount reimbursed is the purchase price of the work(s) minus all the costs to be borne by the buyer that may have paid or advanced by the Gallery, including any costs of bailiff. The refund is made in Euros (EUR).
Applicable law and jurisdiction clause
The activities of the Gallery are subject to French law regardless the country of residence of the buyer, the county where to order was placed and the country of delivery.
The General Terms and Conditions of the Gallery are translated into English for information purposes. Only the General Terms and Conditions written in French are binding. In case of conflict between the English version and the French version, the French version will prevail over any other version in any other language, and also over any other document. In case of dispute, the client will first contact the Gallery to discuss an amicable solution.
In the event that a specific term of the General Terms and Conditions of Sale of the Gallery is deemed invalid, void or unenforceable for any reason whatsoever, this term will be considered as independent from the others, and will not affect the strength and scope of the other terms of the General Terms and Conditions. In the event that one of the clauses of the General Terms and Conditions would be considered illegal and unenforceable by a court decision, the other clauses will remain in force.
In the absence of amicable agreement, any dispute will fall under the exclusive jurisdiction of the courts of the jurisdiction of the Court of Appeal of Paris. The liability of the Gallery will, in any case, be limited to the price of the order.
Confidentiality and Personal Data protection
In this section, the terms “Data Protection Regulation”, “Personal Data” and “Data Processing” are defined as follows:
Data Protection Regulation: all laws and regulations concerning the security, confidentiality and protection of Personal Data, including the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) and French law n°78-17 voted on 6 Jan 1978 and subsequently amended several times
Personal Data: any information relating to an identified or identifiable physical person. An identifiable person is a person who can be identified, directly or indirectly
Data processing: any operation performed on Personal Data, whether automated or not, such as collection, registration, retention, adaptation or alteration, consultation, use, transmission, provision, compilation, blocking or destruction