Via the internet to the United States
Article 1 – General clause
Our sales on the marcmaison.com website are subject to these general conditions, which take precedence over any purchase condition, except where formal and express exemption has been granted by us.
Article 2 – Formation of the contract
When a quotation is drawn up by the seller, this constitutes the special conditions that may amend and/or complete these general conditions.
In the case of an order received from the buyer, this shall only be considered as finally accepted by the seller after he has stated his acceptance in writing. In this case this acceptance shall constitute the special conditions.
Article 3 – Delivery. Transportation
Unless otherwise stipulated, delivery is considered as having taken place in the warehouse located in the United States of the carrier designated by the seller.
It is the buyer’s responsibility, unless otherwise stipulated, to collect the goods from the warehouse located in the United States of the carrier designated by the seller within a period of eight days of its actual delivery, the date of which will be communicated to him by telephone and confirmed by email and/or fax, as well as to take charge of the carriage costs and risks of the goods once they are removed from the carrier’s warehouse.
Goods will not be exported until full payment of the price has been made in advance, unless there is a special agreement.
Article 4 – Reservation of ownership
The seller retains ownership of the goods sold until actual payment of the full price including principal and ancillary costs. The submission of a certificate creating an obligation to pay (draft or other) does not constitute payment in the sense of this clause. Failure to pay any one of the payments may give rise to the goods being reclaimed. These provisions do not hinder the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as any damage that they may cause.
Article 5 – Prices. Terms of payment
The price of the goods stated on the website does not include delivery, an estimate for which is mentioned; mention is also made of any supplementary costs in the Shipping section. However, the information on the website concerning the price of packaging, carriage and insurance as far as the warehouse located in the United States of the carrier designated by the seller is given for information only and is subject to change. Only the quotation and/or invoice issued by the Seller show the definite prices relating to the costs of packaging, carriage and insurance.
The buyer alone shall pay any costs and taxes that may be due, notably import and other taxes applied by the U.S. Customs Service or others, the amounts of which are mentioned on the seller’s website for information purposes only.
The price is stated with all taxes included and shall be payable by bank transfer, on receipt of invoice.
Article 6 – Guarantee
The seller guarantees the authenticity of the product sold according to French law. The seller is also bound towards the buyer for the legal guarantee in the case of fault or hidden defect in the item sold as provided for under French law.
In the case of non-conformity and faults or hidden defects in the products delivered, duly established by the buyer in the warehouses of the carrier in the United States and pointed out to the seller within three working days of receipt of the goods and of the opening of the crates at the carrier’s premises under the conditions provided for in article 3 of these conditions, the buyer may obtain a refund on the products, to the exclusion of any compensation or damages.
It will be the responsibility of the buyer to provide evidence of the reality of any defects or anomalies found. To this end, the seller shall have every opportunity to proceed with an assessment of these defects and, where applicable, to remedy them.
The guarantee does not apply for obvious defects. Faults and deterioration due to natural wear and tear or due to external accident, or due to modification of the product not anticipated or specified by the seller, are also excluded.
Article 7 – resolutive clause as of right
In the event of non-fulfilment of his obligations by one party, this contract shall be annulled as of right on behalf of the other party, without prejudice to any damages that may be claimed from the defaulting party.
Article 8 – Settlement of disputes – applicable law
Any dispute relating to this sale, even in the case of a claim under guarantee or of there being more than one defendant, failing an amicable agreement, shall come under the exclusive jurisdiction of the commercial court within whose province the registered office of the seller in France falls.
The sale is subject to French law, and this is the sole law applicable. All goods over a hundred years old offered for sale on the website have a Certificate for Cultural Property that must accompany any cultural property that is taken out of French territory under law No. 92 1477 of 31 December 1992. The goods offered for sale on the website are not in principal subject to the exercise by the French State of its pre-emptive right.
However, the seller may not be held responsible for any possible refusal of exportation consequent upon the French State taking up its pre-emptive right.