Terms of Sales

Terms of Sales

General Terms and Conditions of Sale – Fred Allard

1. Scope of application

1.1. These general Terms and Conditions of Sale (hereinafter “GTCS”) govern the relationship between the company Allard Factory, a simplified joint stock company, with a share capital of 5,000.00 euros, in the process of being registered with the Antibes Trade and Companies Register , whose registered office is located at 53 Impasse Maurice Danzi in Saint Laurent du Var (06700), represented by Mr Frédéric Allard ( hereinafter the “Seller”) and any natural or legal person (individual or professional) (hereinafter the “Customer”) who places an order and makes an online purchase of a work of art (hereinafter the “Work” or the “Works”) on its website https://fred-allard.com (hereinafter the “Website”).

1.2. All orders and purchases made online on the Website are subject to the prior knowledge and acceptance without reservation of all of these GTCS. Unless otherwise agreed, the GTCS exclude any consideration of the Customer’s general terms and conditions.

1.3. The Seller’s offers are intended exclusively for private individuals and professionals acting as end consumers, who are at least 18 years old and legally capable of entering into contracts. The commercial resale of the Works is prohibited. The Seller reserves the right to refuse purchase contract proposals if they appear to have the purpose of commercial resale.

1.4. The Seller reserves the right to modify these GTCS at any time by posting a new version on the Website. The GTCS are those in force on the date of placing the order for the Work.

1.5. The Website is accessible in French, which is the language applicable to the conclusion of the contract of sale.

2. Works available on the Website

The Works available on the Website for order and purchase are works of art arising from an exclusive series of works of a limited number of works.

They are therefore numbered but each has its own characteristics, which make them unique items.

The description of the Work resulting from the limited series is presented on the Website, including photographs, a description of the Work, namely, materials, weights, dimensions, manufacturing method, where applicable, as well as the sale price.

The information relating to the Works available on the Website thus enables the Customer to know the essential characteristics of the Work that it wishes to order and to ensure that it meets its expectations.

However, it is expressly specified that the particular characteristics of each of the works resulting from the series are not described on the website. Accordingly, the Customer may receive a work slightly different from that presented on the Website but whose essential characteristics described on the Website are identical.

3. Order process and conclusion of the sales contract

The ordering process for the Works takes place according to the following steps:

– Step 1: the Customer accesses the Website on the day of sale – or by privileged access if previously registered on the “Early Access” form;
– Step 2: the Customer enters his given name, surname, email address, telephone and creates a customer account by creating an account password and then click on “continue”;
– Step 3: the Customer enters his billing address, and has the possibility to specify delivery notes by activating the “Delivery Notes” button, then clicks on the “continue” button;
– Step 4: a summary page appears, allowing the Customer to verify the information he has entered and allowing him to correct any errors by clicking on “Change” for each data field;
– Step 5: the Customer accesses the payment page and is invited to enter his bank details;
– Step 6: the Customer must read and accept the general terms and conditions by ticking the box “I have read and accept the general terms and conditions” and then click on the “order” amount;
– Step 7: the Customer accesses an order confirmation page, he can click on the “follow my order” button;
– Step 8: the Customer accesses a dashboard on which he can check the status of his order, manage his billing and delivery address, record his payment method, change his password, access the contact form and/or log out.

3.2. The order process and contact are usually done by email and automated procedures. The Customer must ensure the accuracy of the email address he indicates for the fulfilment of his order in order to be able to receive the emails that the Seller sends him at that address. In particular, the Customer using anti-SPAM filters must ensure that he can receive all emails sent by the Seller or by third parties mandated by the Seller for the execution of the order.

3.3. After the confirmation of his order, the Customer receives from the Seller a summary email and confirmation of the order. The Seller sends the Customer a written confirmation of acceptance of the order by email; receipt by the Customer of the order acceptance confirmation shall prevail. The contract is formed as soon as this confirmation is sent by the Seller to the Customer.

3.4. The Seller reserves the right to refuse or cancel an order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.

4. Prices and terms of payment for the Works

4.1. The purchase prices of the Works are fixed by the Seller. Unless otherwise stated by the Seller in the description of the Works, the prices displayed are the total prices in euros including the applicable VAT, excluding delivery costs.

4.2. The delivery costs are indicated to the Customer at the time of the order for the Work and depend on the delivery region provided. These delivery costs are in addition to the sale price of the Work.

In the event that customs duties, local taxes or import duties are payable, they shall be exclusively borne by the Customer and the Customer shall be liable for them. It is the responsibility of the Customer to prepare the declarations and payments required by the competent authorities and/or bodies. It is the responsibility of the Customer to ask the competent authorities before ordering the Works.

4.3. Payment for the order and purchase of the Works is made through the payment service of the company Stripe. Payment is made by credit card.

4.4. An invoice corresponding to the purchase will be issued by the company Stripe and sent by email to the Customer.

5. Terms and conditions of delivery and shipment of the Works ordered

5.1. Allard Factory handles the packaging of the Works in its workshop. The company Desiage Storage Logistique (hereinafter “DSL”) is then responsible for the logistics of delivery of the Works and assures the follow-up directly with the Customer. DSL uses the transport company Chronopost to ensure the delivery of the Works.

5.2. The delivery period is approximately 15 (fifteen) days. However, Allard Factory cannot be held liable for delays directly related to the carrier and, in general, for delays outside its control.

5.3. The delivery costs are indicated to the Customer at the time of the order for the Work and depend on the delivery region provided by the Customer. These delivery costs are in addition to the sale price of the Work.

It is reminded that in the case of a delivery abroad, the applicable local tax rules may require specific tax declarations and payments, such as customs duties. The Customer shall remain responsible for the applicable customs declarations and liable for the applicable customs payments.

6. Right of withdrawal

6.1. Pursuant to Articles L. 221-18 et seq. of the Consumer Code, consumers have a right of withdrawal as a matter of principle.

The Customer has fourteen (14) clear days to declare that he wishes to return the Work(s) not suitable for him, without having to substantiate his decision. This period runs from the date of receipt of the Work(s) by the Customer or any third party designated by the latter.

The Customer who wishes to exercise his right of withdrawal must send the Seller, before the expiry of the above period, an email to the following email address: contact@fred-allard.com.

This email must clearly state the Customer’s desire to withdraw as well as the order number and references of the purchased Work.

6.2. The Customer shall return the Work to the Seller no later than fourteen (14) days after sending its request for withdrawal.

The Customer shall return the Work to the following address:

Allard Factory
Mr Frédéric Allard
53 Impasse Maurice Danzi
06700 Saint Laurent du Var

The Work must be returned to the Seller in perfect condition in its original packaging. The package must be accompanied by the corresponding purchase invoice as well as the certificate of authenticity of the said Work.

The Customer shall be deemed liable in case of deterioration of the Work when it is returned to the Seller.

6.3. Reimbursement of the full amount paid for the purchase of the Work, including the cost of delivery of the said Work (excluding customs charges which may be payable on delivery), shall be made by the Seller once it has notified the Customer of the proper receipt of the returned Work and no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw.

7. Retention of ownership

In the event that the Seller executes the order prior to receipt of payment of the said order, the Seller retains ownership of the Work until full payment of the price due by the Customer.

8. Statutory guarantees

8.1. All Works available on the Website benefit from the statutory guarantee of conformity (hereinafter “Guarantee of Conformity”) as defined in articles L. 217-4 et seq. of the Consumer Code on the one hand and the guarantee against hidden defects (hereinafter “Guarantee for hidden defects”) as defined in articles 1641 et seq. of the Civil Code.

8.2. Statutory Guarantee of Compliance

Article L. 217-4 of the Consumer Code: “The seller shall be obliged to deliver goods in conformity with the contract and shall be liable for defects of conformity existing at the time of delivery. It shall also be liable for defects of conformity resulting from the packaging, from the assembly instructions or from the installation when it was responsible for this under the contract or when carried out under its responsibility”.

Article L. 217-5 of the Consumer Code: “In order to comply with the contract, the goods must:
1) be fit for the usual intended use of similar goods and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; b) present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter”.

Article L. 271-12 of the Consumer Code: “The action resulting from the lack of conformity shall be barred by two years from the delivery of the goods”.

8.3. Guarantee against hidden defects

Article 1641 of the Civil Code: “The seller is bound by the guarantee against hidden defects of the thing sold which render it unfit for the intended use, or which reduce such use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them”.

Article 1648 of the Civil Code: “The action resulting from critical defects must be brought by the buyer within two years of the discovery of the defect”.

8.4. Consequences of the implementation of statutory guarantees

In terms of the Guarantee of Conformity, the Seller undertakes, at the Customer’s choice:

– either to repair the Work or replace the Work with an identical Work according to available stocks in the case of works in the form of limited or non-limited editions;
– or to reimburse the price of the Work if the replacement of the Work proves impossible, particularly for unique items.

In terms of the Guarantee for hidden defects, the Seller, according to the Customer’s choice, undertakes, after assessing the defect:

– either to reimburse it for the full price of the returned Work;
– or to reimburse it for part of the price of the Work if the Customer decides to retain the Work.

8.5. Exclusion of guarantees

The Work(s) modified, repaired, integrated or added by the Customer are excluded from guarantee. The guarantee will not apply for visible defects. The guarantee does not cover the damaged Work(s) upon shipment after delivery or due to misuse.

8.6. Obvious damage caused by installation and transport

The Seller shall not be held liable for the following damage:

– damage caused by inadequate installation or assembly of the Work;
– damage caused by inappropriate cleaning solutions or methods of the Work;
– damage caused by exposure to adverse weather or an inappropriate environment;
– damage caused during transport of the Work.

9. Limitation of liability

The Seller’s liability for any Work purchased on the Website is strictly limited to the purchase price of the Work and the delivery costs. The Seller shall under no circumstances be liable for the following losses, regardless of their origin:

– loss of revenue or sales;
– operating loss;
– loss of profits or contracts;
– loss of anticipated savings;
– loss of data;
– loss of working time or management time;
– damage to image;
– loss of opportunity, including ordering a Work;
– non-pecuniary damage.

The documents, descriptions and information relating to the Works appearing on the Website are not covered by any guarantee, express or implied, except for the guarantees provided by law as set forth in Section 8 hereof.

The Seller shall only be obliged to deliver Works in conformity with the contractual provisions. The Works are considered to be in conformity with the contractual provisions if the following conditions are met:

(i) they must comply with the description and possess the characteristics displayed on the Website;
(ii) they must be adapted to the purposes for which such Works are generally designed;
(iii) they must meet the quality and strength criteria that are generally accepted for Works of the same kind and which the Customer can reasonably expect.

10. Force majeure

The Seller shall not be held liable in the event of non-performance of these GTCS due to a case of force majeure, in particular:

– in the event of disturbance or total or partial strike, in particular of postal services and means of transport and/or communication;
– flood or fire;
– the unforeseeable and insurmountable action of a third party or the action of the Customer.

11. Intellectual property rights

All Works available on the Website are protected by copyright and/or a registered design and model in accordance with the provisions of the Intellectual Property Code.

The purchase of a Work on the Website does not in any way confer the right for the Customer to exploit the intellectual property rights protecting the Work. Accordingly, the Customer shall expressly refrain from reproducing and representing the Work. Such acts are subject to the prior written authorisation of its author under the provisions of the Intellectual Property Code.

In addition, all texts, comments, photos, brands, logos, illustrations and images of the Works on the Website, the graphic charters and the software, without this list being exhaustive, are protected by intellectual property and worldwide.

Any reproduction or total or partial representation of the Website of any of these rights and Works, without the express authorisation of the Seller is strictly prohibited and would constitute an act of infringement prohibited by the Intellectual Property Code.

Accordingly, the Customer shall refrain from any action or act which may directly or indirectly infringe the intellectual property rights of the Seller and of the authors of the Works.

12. Governing law

These General Terms and Conditions of Sale and the contractual relationship between the Seller and the Customer are subject to French law.

13. Mediation and jurisdiction

In the event of a dispute with the Seller concerning the performance of these GTCS, the Customer has the right to appeal to a consumer mediator with a view to the amicable settlement of the said dispute in accordance with Article L. 612-1 of the Consumer Code.

The list of mediators is available at the following address: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references

In the absence of an amicable resolution, any dispute relating to the interpretation of the GTCS, the performance or termination of a sale, the interpretation, performance or termination hereof is subject, in the absence of an amicable agreement, to the French courts having jurisdiction.