Terms and Conditions
General terms and conditions of sale Agnès MONNET EI - 15 September 2023
1. General
These General Terms and Conditions of Sale (GTC) apply to any Customer, individual or company wishing to acquire the original works, art prints or derivative objects sold by Agnès MONNET EI, Artist.
Agnès MONNET EI recommends that Clients read the GTC carefully. The GTC are printed on the back of the order form. These will be deemed accepted by the Customer at the time of signing the order form. In the event of a subsequent modification of the GTC, the Customer remains subject to the version in force at the time of his order.
The sale of works is open to any natural or legal person who has full legal capacity to commit.
2. Definitions
"Seller" and "Artist" means Agnès MONNET EI
“Exhibition” means any place where the works of Agnès MONNET are exhibited (solo, group exhibitions, fairs, fairs, physical or virtual)
“Customer” means the professional or individual who orders a product marketed by the Seller.
“work(s)” means original paintings on canvas or paper.
“Art print(s) ” means fine art prints, in numbered and limited edition, made to order.
“Derivative Goods” means decorative or stationery items using artwork
d Agnès MONNET. These objects are made to order according to a model presented.
“Product” means works, Art Prints or Derivative Objects.
3. Products and services
All works offered for sale are original works or numbered art prints made by the Artist. They are exhibited in physical exhibitions, digitally in virtual exhibitions. During virtual exhibitions, the work is presented in photography accompanied by a detailed description allowing the Client to know their essential characteristics and their price. The Seller has no stock, except for the works on display. Each order is subject to a particular follow-up. To order a work or a numbered Art Print, the Client must fill out and sign an order form specifying the title of the work and its reference. An individual order form is to be filled out per work or art print. A purchase form must also be completed and signed for the Derivative Goods.
4. Price
The prices shown are in euros including tax. VAT applied to original works is 10%. The VAT applied to numbered art prints and related objects is 20%. Prices are shown in HT and TTC. The price includes only the work itself, excluding delivery costs.
Payment must be made exclusively in euros (E).
Concerning works:
The works ordered during an Exhibition are available to the Client at the end of the Exhibition. The Customer comes to retrieve his canvas at the exhibition. The packaging is exclusively - made by the Seller. If the Customer does not wish to come and collect the work at the end of the exhibition, he can order delivery under certain conditions (see article 6 of these GTC) on the purchase order. The Customer may also arrange himself the packaging, shipping and delivery with the carrier of his choice to the deoart of the exhibition venue or the workshop of the Artist.
For custom orders (Art prints and Derivative objects):
The Art prints are called «custom» because made to order exclusively, within the limit of 30 copies per model. No stock exists. The price of the Art Print is the same for all 30 numbers. Their numbering is from 1/30 to 30/30. The number of the draw is indicated on the order form. The Customer has the possibility to choose its number of drawing during the order, as long as the number that interests him has not already been sold. In this case, as without prior selection of the number, the Customer does not have the possibility to request a change of the number of the draw once the order has been placed.
These prints, made in a flow-through process, are available when the exhibition is held, when the exhibition is long enough to allow fine art printing within this time. An email is sent to the Client to announce the availability of the Art Print if it is available before the date of the exhibition.
If the art print is not available on the day of the exhibition, the Customer comes to collect his numbered art print at the Seller’s workshop or must request delivery via a quote.
Delivery is possible under conditions and according to the order made (see article 6 of these GTC). The pricing of delivery costs is then subject to an additional quote after ordering the work, the Derivative Object or the Art Print, according to its characteristics and according to the packaging requirements and the final delivery address. Whether the destination is in the Lyon metropolitan area, in France, in the European zone or internationally, these costs remain the exclusive responsibility of the Customer and apply in addition to the price of the sold work, itself deemed excluding delivery costs.
5. Payment terms
The price charged to the Customer is the price indicated on the order form. The sale is paid in full at the time of signing the purchase order.
Payment is made by means of the payment methods provided by the Seller:
– by cheque accompanying the order form and allowing the reservation of the work that takes effect at the time of bank collection. The cheque is cashed within ten (10) days.
– by bank transfer to the Seller’s bank account within ten (10) days maximum (beyond that, the Seller reserves the right to cancel the order). The transfer must include the reference of the signed purchase order. The order is processed from the day of receipt of the bank transfer and, in case of delivery, the delivery periods begin to run only from this date.
6. Delivery
The Customer can order delivery directly on the purchase order or subsequently.
If the Customer has ordered delivery, a quote of the shipping costs will be sent by email to the email address indicated on the order form and must be returned signed before any shipment. The delivery costs will be paid in advance of shipping within ten (10) days after receipt and validation of the quote. In the case of ordered delivery whose quotation has not been signed and paid within this period by bank transfer or check, delivery will not be carried out. The Customer must collect his purchases from the Seller within ten (10) days, either by a carrier he has authorized or by moving himself to the workshop of the Seller. Purchases made abroad may be subject to customs duties or other local taxes which are the sole responsibility of the Customer and for which he is fully responsible for reporting and making payments to the competent authorities and bodies, whether French or foreign.
En cas de livraison commandée par le Client et donc organisée par le Vendeur, les commandes sont expédiées à l’adresse indiquée sur le bon de commande. Le délai de transport après expédition est en moyenne de 10 jours ouvrés en France et 20 jours ouvrés pour les autres destinations. Les délais de livraison peuvent varier en fonction de la zone géographique du Client, du mode de livraison choisi ou de l’œuvre commandée (en particulier un délai de réalisation est à prévoir pour les Tirages d’art en édition limitée ou pour les œuvres de grand format nécessitant la fabrication sur mesure d’emballages sécurisés pour le transport aérien ou routier). Le délai de livraison est notifié par le Vendeur au Client par mail après organisation du transport.
En cas de délai de livraison supérieur à 30 jours, hors cas de force majeure, le Client peut demander la résolution du contrat par lettre recommandée avec demande d’avis de réception, après avoir enjoint le Vendeur, selon les mêmes modalités, d’effectuer la livraison dans un délai supplémentaire raisonnable, et si le Vendeur ne s’est pas exécuté. Dans ce cas, le Client est remboursé de la totalité des sommes versées, au plus tard dans les 14 jours suivants la date de dénonciation du contrat.
Dans le cas où la livraison est impossible suite à une erreur sur l’adresse indiquée par le Client, le Vendeur contacte le Client le plus rapidement possible afin d’obtenir une nouvelle adresse de livraison, auquel cas les éventuels frais de livraison supplémentaires sont à la charge du Client.
Un certificat d’Authenticité est joint à l’œuvre lors de livraison ou fourni par le Vendeur en direct lors d’enlèvement en fin d’Exposition par le Client. Il est à conserver précieusement par le Client. Aucune copie de ce certificat ne sera réalisée a posteriori par le Vendeur.
La facture sera envoyée au Client par mail, à l’adresse mail indiquée sur le bon de commande.
7. Réserves
En cas de livraison commandée par le Client au Vendeur, le Client s
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In the case of delivery ordered by the Customer and therefore organized by the Seller, orders are shipped to the address indicated on the order form. The delivery time after shipment is on average 10 working days in France and 20 working days for other destinations. Delivery times may vary depending on the Customer’s geographical area, the chosen delivery method or the work ordered (in particular, a completion time is to be provided for limited edition art prints or large format works requiring the custom-made packaging for air or road transport). The delivery time is notified by the Seller to the Customer by mail after organization of transport.
In the event of a delivery period exceeding 30 days, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgement of receipt, after having enjoined the Seller, under the same terms, to deliver within a reasonable additional period, and if the Seller has not performed. In this case, the Client is reimbursed for all sums paid, at the latest within 14 days of the date of termination of the contract.
In the event that delivery is impossible due to an error on the address provided by the Customer, the Seller contacts the Customer as soon as possible in order to obtain a new delivery address, in which case any additional delivery costs are the responsibility of the Customer.
A certificate of authenticity is attached to the work upon delivery or provided by the Seller when picking up at the end of the exhibition by the Customer. It must be kept by the Customer. No copy of this certificate will be made later by the Seller.
The invoice will be sent to the Customer by email, at the email address indicated on the order form.
7. Reserves
In the event of delivery ordered by the Customer to the Seller, the Customer undertakes, upon receipt, to unpack and check the condition of the work or the Print in the presence of the carrier and to express all reservations that it deems useful with the latter, in writing and without delay, and no later than 48 hours thereafter by e-mail.
Any product that has not been subject to reservations communicated by registered letter with request for acknowledgement of receipt within 3 days of its receipt to the carrier, in accordance with article L. 133-3 of the French Commercial Code, with a copy sent simultaneously to the Seller, is considered accepted by the Client.
Any product purchased is deemed to be in perfect condition. The Customer cannot claim repair once the product has been recovered. A careful verification of the product and especially the works is carried out when they are collected by the Customer in the presence of the Seller. If a defect is found during this verification, the Customer has the right to cancel the purchase. The Customer signs a receipt form for the product when it is collected. In the absence of reservations expressed during the collection on the receipt, the Customer cannot claim a return or exchange.
8. Right of withdrawal
Pursuant to article 121-16, the Customer has a period of 14 calendar days from receipt of his order to return the good (s) at its expense and request reimbursement. In application of article 221-3 of the Consumer Code, the TPE (Very Small Business) Customer has the same right of withdrawal.
To exercise its right of withdrawal, the Customer must notify its decision to withdraw:
By post to: Agnès MONNET EI, 93 chemin du Tronchil - 69280 Sainte Consorce - France.
rog or email contact@agnes-monnet.com
The works and their certificate of authenticity must be returned in their original packaging in perfect condition and no later than 14 days after receipt by the Seller of the withdrawal decision. The return costs are the exclusive responsibility of the Customer.
Upon receipt of the works and after checking their condition on receipt of the package, the Seller reimburses all payments received from the Customer, excluding initial delivery costs that remain the responsibility of the Customer, using the payment method used for the initial transaction.
Damaged works returned are neither taken back nor reimbursed.
The works or Art Prints called «custom» cannot be subject to any cancellation or refund, in accordance with the provisions of article L 121-20 of the Consumer Code which stipulates that the withdrawal is excluded (article 121-20.2 3rd paragraph) for contracts for the supply of goods that are clearly customised or made to the consumer’s specifications, and in particular for custom-made and non-standard-sized items.
An art print (requires a print on order at the printer) or a specific and personal canvas is a realization made «to measure», at the request of the Customer.
9. Legal guarantees
The Seller undertakes to respect and implement the legal guarantees: the guarantee of non-conformity and the guarantee of hidden defects.
Works sold are:
- original works authenticated by the Seller,
- limited edition works reproduced in a quantity that complies with the applicable rules and regularly numbered, signed and authenticated by the Seller,
- Derivative objects with reproduction of certain works, made to order.
Each work and numbered art print sold is accompanied by a certificate of authenticity issued by the artist who created the work. The Derivative Goods do not have a signature or certificate of authenticity.
10. Insurance
The works are insured by the Seller until the receipt is signed by the Buyer when the exhibition is removed. In case of transport, the Client is responsible for covering the work until its reception at his home. Seller’s insurance covers the works only until they are picked up by the carrier at the Seller’s workshop.
11. Applicable law
These General Terms and Conditions of Sale are governed by the French law.
In the event of a dispute, the French courts will have sole jurisdiction.
12. Rights to the work
When acquiring or ordering a work, the Artist gives to the Client the material support of the work but the Artist remains owner of its copyright. In particular, the rights of representation, reproduction and resale rights of works belong to their author. The rights of the artist Agnès MONNET are managed by ADAGP. The Artist is affiliated with the competent bodies under number MDA M654364 and ADAGP 1310369. Prior written permission must be obtained from the Artist via Agagp in the form of assignment of rights for any exploitation of the rights attached to the work. The transfer of rights must be recorded in writing. Any infringement or prohibited reproduction will be managed by ADAGP. In the case of resale of original works and/or numbered art prints, the holder of the work must report the resale to the Adagp who will apply the Resale Rights, in the context of private or public resale.
13. Personal data management
The information collected on the order form is stored in a computerized file by Agnès MONNET EI for the processing of orders and deliveries.
The data collected will be communicated to the following recipients only: Agnès MONNET EI.
The data is kept for 1 year.
You can access, correct or request the deletion of your data or exercise your right to restrict the processing of your data. You can withdraw your consent to the processing of your data at any time; you can also object to the processing of your data.
Visit cnil.fr for more information about your rights.
To exercise these rights or for any question about the processing of your data in this device, you can contact Agnès Monnet EI via her email contact@agnes-monnet.com.
If you believe, after contacting us, that your rights «Informatique et Libertés» are not respected, you can address a complaint to the CNIL.