The Diane de Polignac Gallery, the address and contact details of which are given in the Legal Notice (hereinafter the “Diane de Polignac Gallery” or “we”), offers works of art (paintings, artworks on paper, prints, objets d’art) (hereinafter the “Works” or the “Products”) for sale on the website https://dianedepolignac.com/ (hereinafter the “Website”) to any legal entities or natural persons, whether acting in a professional or non-professional capacity (hereinafter the “Customer” or “you”).
These General Terms and Conditions of Sale (hereinafter the “GTC”) govern, without restriction or reservation, all sales concluded by the Diane de Polignac Gallery with the Customer wishing to acquire the Works offered for sale on the Website.
These GTC may be supplemented by special conditions, purchase orders, before any transaction with the Customer.
The GTC applicable on the date of the order shall prevail, if necessary, over any previous version or contradictory document.
The Diane de Polignac Gallery reserves the right to modify its GTC at any time and without prior notice, it being specified that the applicable GTC will be those applicable on the date of the order by the Customer.
If one of the provisions of the GTC proves to be invalid or inapplicable, this shall in no way affect the other provisions.
The Customer acknowledges that he/she has the required capacity to enter into a contract and acquire the Works offered on the Website; namely by being of age, by being legally capable and by not being under guardianship or curatorship.
The Customer is informed that the provisions of the French Consumer Code (in particular those relating to the right of withdrawal) are not applicable to Customers acting in a professional capacity, who cannot be considered consumers within the meaning of the applicable regulations in force and in particular of the preliminary article of the French Consumer Code.
The Works offered for sale are presented on the Website with a description of their essential characteristics, a photograph and a price.
We reserve the right to modify our catalogue of Works available on the Website at any time.
The Customer is under an obligation to take account of this before placing any orders, it being specified that the choice and purchase of a Work is the sole responsibility of the Customer.
You are invited to consult the description of the Work to find out its precise characteristics or to contact us by telephone or by e-mail using the contact details indicated in the Legal Notice.
The photographs of the Works presented on the Website are not contractual, and, as a result, we shall not be held responsible for any minor differences between the photographs presenting the Works and the Works delivered.
Before placing an order, you can create an account on the Website by entering your details on the registration form (country, surname, first name, address, postcode, telephone number, email address, password). On completion of this registration procedure, we will send you an e-mail confirming the creation of your account and containing your login details (e-mail address and chosen password).
You undertake to provide accurate, complete and up-to-date information. You are the only party authorised to use these login details and you agree to take all necessary steps to ensure that they remain personal and confidential.
In particular, you agree to notify us of any unauthorised use of your account or your password, or any other breach of security, by email to: firstname.lastname@example.org. You may terminate your account at any time by sending an email to the following address: email@example.com
It is also possible to place an order without creating an account. In such a case, you will be asked to fill in a form with a certain amount of information that is essential for the delivery of the Work (surname, first name, company name if applicable, postal address, telephone number, email address).
It is up to you to select the Works you wish to order on the Website, according to the following steps:
Until the payment stage, you can consult or modify your order by clicking on your basket, which is located on the right-hand side of the page on the Website. It is your responsibility to check the accuracy of the order and to report or rectify any errors. You also have the option of cancelling your order before payment.
An order confirmation is displayed on the Website after the registration of your order. It is also sent to you by e-mail to the e-mail address you provided when registering on the Website.
Once confirmed and accepted by us, the order cannot be modified or cancelled, except in the event that the right of withdrawal is exercised or in the event of a force majeure.
The order confirmation includes a summary of the contents of the order, the order number, the payment method used, the detailed amount of the order, and the billing and shipping addresses.
Your order information, your order history and your invoices remain accessible on the Website, in your personal space if you created an account on the Website at the time of the order.
All orders are archived by the Diane de Polignac Gallery for a period of ten (10) years from the date of the order. You can access the details of your past orders at any time by logging in to your account or by sending an e-mail to the customer service team at the following address:
Unless proven otherwise, the data and computer or digital files recorded on the Website’s information technology infrastructure constitute proof of all transactions concluded with the Customer.
The Works are supplied at the applicable prices in effect on the Website at the time the order is registered by the Diane de Polignac Gallery.
The prices indicated on our Website are inclusive of all taxes (including French VAT, which may vary between 5.5% and 20% depending on the nature of the sales transaction) and in Euros. They take into account any discounts that may be granted by the Diane de Polignac Gallery on the Website or obtained through promotional codes to be entered during the purchase process.
They do not include packaging and delivery costs, which are invoiced as additional charges, in accordance with the conditions indicated on the Website, and are calculated before the order is placed. These costs are detailed in Article 6 below.
We reserve the right to modify the rates at any time, it being specified that the applicable and invoiced prices are those that appear on the Website on the day that the order is validated.
Before validating the order, you are informed of the delivery costs and of the total price to be paid.
The prices indicated on the Website do not take into account any customs duties that may be payable by you for any deliveries outside of the European Union. These duties are detailed in Article 8 below.
In the event that the Works are delivered—and not collected at the Diane de Polignac Gallery counter—orders are subject to packaging and delivery charges, which are indicated separately from the price of the Works before the order is validated and form an integral part of the order. Delivery costs may be free of charge during promotional periods or under certain conditions.
Packaging and delivery costs are added to the price of the Works ordered.
When you order Works for delivery outside of the European Union, customs duties, local taxes, import duties or state taxes may be payable on receipt of the package. These additional sums are not within the purview of the Diane de Polignac Gallery. They shall be borne by you and are your sole responsibility, whether they are declared or paid to the authorities and/or competent institutions of the country of delivery. They vary from one country to another and we recommend that you inform yourself and contact the relevant local authorities for more information. In such cases, you are considered as the importer of the Works in the country concerned.
The price is payable in cash, at the time the order is placed by the Customer.
All orders only become effective upon receipt of payment, by debit or credit card (Visa, Eurocard, Mastercard), bank transfer, Google Pay or Apple Pay.
In the event that the payment of the price is incomplete or non-existent, for a reason attributable to you, the order shall be automatically cancelled and any resulting costs shall be borne by you, without prejudice to any potential damages.
On receipt of full payment of the order amount, an e-mail will be sent to you to inform you of the dispatch of the parcel or the availability of the goods at the Diane de Polignac Gallery. The invoice will be sent to you by e-mail.
Where professional Customers are concerned, in the event of non-payment by the due date of the sums owed to the creditor by the professional debtor, the latter shall be liable by operation of law to pay a fixed indemnity of EUR 40 (Article D.441-6 of the French Commercial Code).
When the recovery costs incurred are in excess of this lump-sum compensation, the creditor may request additional compensation upon justification (Article L 441-6 paragraph 12 of the French Commercial Code).
You have the option of choosing between collection from the Diane de Polignac Gallery counter or delivery to the address of your choice.
By choosing the “Collection at the Gallery” option, you undertake to collect your order directly from the premises of the Diane de Polignac Gallery located at 2 bis Rue de Gribeauval – 75007 Paris (France), during opening hours on any working day from Monday to Friday from 10 am to 6 pm, or on Saturdays from 3 pm to 6 pm (except during annual periods of closure).
Before choosing the “Collection at the Gallery” option, we recommend that you consult the annual closure periods of the Gallery by contacting us directly using the contact details given in the Legal Notice.
Collection is possible upon reception of an e-mail indicating that the order is available by the Customer.
The Works ordered are delivered to the delivery address that you indicate when placing your order. The delivery address may be different from the billing address.
If the delivery address is located outside the European Union, additional taxes and customs charges may apply (see Article 7 above).
Except in case of force majeure or saturation of delivery networks, the Works ordered shall be delivered in mainland France within a maximum period of twenty (20) working days from the dispatch of the order to the address indicated by the Customer when placing the order on the Website. We invite you to consult the “Delivery” tab on the Website for all useful information concerning delivery times abroad.
We undertake to do our utmost to deliver the Work(s) ordered within the time limits specified above and to inform you of any possible delays, it being specified that the time limits mentioned above are given for information purposes only.
The Customer will be able to follow the shipment progress of their order on the carrier’s website, with a tracking number transmitted by the Diane de Polignac Gallery for this purpose at the time of dispatch. For any questions relating to the tracking of your order, you can contact the after-sales service by telephone at + 33 (0) 1 83 06 79 90 or by e-mail at the following address: firstname.lastname@example.org.
If the Works have not been delivered within a period of thirty (30) days, as from the delivery date indicated at the time of the order on the Website, for any other reason than force majeure or factors caused by the Customer, the sale may be cancelled at the written request of the consumer Customer in accordance with the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. You shall be fully reimbursed no later than fourteen (14) days following receipt of the order cancellation.
The transfer of property of the Work to you shall only take place upon receipt of full payment of the total order price, including all charges and taxes, regardless of the delivery date of the said Work. By default, if the total amount is not paid within a period of ten (10) calendar days from the date of the invoice, the sale shall be cancelled, unless a payment schedule is indicated on the invoice.
Regardless of the date of transfer of ownership of the Work, the transfer of risk of loss and deterioration relating to the said Work shall only be made upon receipt of the Work by you or any designated third party.
In accordance with legal provisions, you may exercise your right of withdrawal without giving a reason or incurring a penalty within fourteen (14) days from the effective order date by sending the standard withdrawal form in Appendix 2 of these GTC, or a letter expressing your wish to withdraw without ambiguity and mentioning the order concerned by this withdrawal, by post to the following address: Diane de Polignac Gallery, 2 bis Rue de Gribeauval – 75007 Paris, or by e-mail to the following address: email@example.com.
Once you have sent your withdrawal form, you shall return the Work(s) you have received at your own expense, as soon as possible and at the latest within fourteen (14) days, using the same carrier as the one that delivered the Work(s) to you, to the following address: Galerie Diane de Polignac, 2 bis Rue de Gribeauval – 75007 Paris (France).
You shall return the Works in their original packaging, in their original condition and in a complete state (with packaging, accessories, instructions, catalogue, etc.) suitable for re-marketing, accompanied by the purchase invoice. Damaged, soiled or incomplete works shall not be accepted.
If the right of withdrawal is exercised within the above-mentioned period, we shall proceed to reimburse the sums paid on the date that the Work(s) is/are recovered.
The refund shall be made using the same means of payment as the one you used to purchase the Work(s), except if the refund by the original means of payment proves impossible or if we jointly agree on a different means.
Exception to the right of withdrawal: the exercise of the right of withdrawal shall not be applicable to Works that have been specially made according to the specifications provided by the Customer or that are clearly personalised.
In the event of non-conformity of the Work collected or delivered, we shall undertake to remedy this under the conditions provided for in Articles L.217-4 et seq. of the French Consumer Code specified in Article 13 below.
Whatever the method of delivery of the Work, you are under an obligation to check the condition of the packaging and the conformity of the Work at the time of its collection or delivery.
It is essential that the Diane de Polignac Gallery shall be notified of any claim of non-conformity, missing articles or breakage upon delivery by the carrier. In the event of delivery, your reservations (including a detailed description of the reasons for them) shall be noted on the carrier’s delivery note and confirmed to the Diane de Polignac Gallery by sending the following, with a copy of the reservations made to the carrier, within 48 hours of the collection of the Work or the signing of the delivery note for the Work:
If the non-conformity of the Work(s) is proven, we shall send you a return authorisation, specifying the address and methods for the return of the Work(s). We shall bear the cost of returning the works by providing you with a return voucher or, failing that, by reimbursing you for the actual amount of the said costs.
Claims shall not in any circumstances be taken into account if these conditions are not respected.
In the absence of a claim that complies with the aforementioned conditions, the Works shall be deemed to have been accepted.
13.1 Consumer customers
The Diane de Polignac Gallery, in its capacity as seller, shall be liable for:
The full text of these legal provisions is provided in Appendix 1 of these GTC.
Under the legal guarantee of conformity, applicable to Products that appear defective, worn or damaged, or Products that do not conform with the order, you:
Under the legal guarantee against hidden defects originating from a material defect, a design defect or a manufacturing defect affecting the Products delivered and making them unfit for use, you:
In order to exercise your rights, you must notify us in writing:
within the above-mentioned time limits, and return or bring back the non-conforming and/or defective Products to the shop in the condition in which they were received with all of the elements included (accessories, packaging, instructions, etc.).
An expert appraisal shall be carried out by our teams in order to verify the existence of the non-conformity or the claimed defect.
We shall only refund, replace or repair the guaranteed Product(s) deemed to be non-conforming or defective.
Shipping costs shall be reimbursed on the basis of the invoiced rate and on presentation of supporting documents.
In the event that you choose to be reimbursed for the Product(s), you shall be reimbursed as soon as possible and at the latest within thirty (30) days following the discovery of the lack of conformity or the hidden defect. The refund shall be made by crediting your bank account or by a bank cheque that will be addressed to you.
The legal guarantees, of conformity and hidden defects, shall apply independently of any other contractual guarantees that may have been granted, where appropriate.
13.2 Professional customers
The guarantee of the Diane de Polignac Gallery covers all Works, against all material and manufacturing defects, for 12 months from the date of their delivery.
The Diane de Polignac Gallery must be notified immediately in writing of the discovery of a defect.
The guarantee does not cover any potential costs incurred by the replacement of defective Products. Costs incurred for labour, travel and storage, etc. are, among other things, excluded from the scope of the guarantee.
The guarantee thus granted by the Diane de Polignac Gallery is strictly limited to the foregoing and is exclusive of any compensation for any damage whatsoever, whether direct or indirect. In general, except in the event of fraud or gross negligence, the liability of the Diane de Polignac Gallery on any legal grounds whatsoever is limited to direct and foreseeable damage on the date of the order, and compensation by the Diane de Polignac Gallery for intangible damage and/or consequential damage (such as but not limited to, operating losses, damage to brand image, etc.) is excluded.
We shall not be held liable in the following cases:
We are only bound by an obligation of means with regard to the operation and continuity of the Website. Consequently, we may not be held liable for any damage resulting from the use of the Website or the Internet network, such as data loss, intrusions, viruses, access speeds to the Website, external slowdowns, suspension or inaccessibility of the Website, fraudulent use by third parties, breakdowns and problems of a technical nature or if the Website proves to be incompatible or malfunctions with some of your software, configurations, operating systems or equipment.
The Website and all of its constituent elements (texts, photographs, images, data, etc.) are protected by intellectual property rights which are and shall remain the exclusive property of the Diane de Polignac Gallery.
The name and the domain name, as well as the logos, images and other distinctive signs that characterise the Diane de Polignac Gallery, are also protected by intellectual property rights. Any reproduction, adaptation or use of these distinctive signs is strictly forbidden, under penalty of infringement.
At the time of sale, only the physical medium of the work is transferred to you. The author of the Work or his/her beneficiaries shall nevertheless retain the moral rights to the work sold as well as the rights linked to its reproduction and representation.
The Diane de Polignac Gallery shall not be liable to the Customer for the failure to perform or delay in the performance of any of its obligations, as described in the present GTC, due to a force majeure event.
A force majeure event shall be considered any event which is outside the reasonable control of the debtor, which could not reasonably have been foreseen at the time the Contract was entered into, the effects of which cannot be avoided by appropriate measures and which prevents the debtor from fulfilling its obligation, in accordance with Article 1218 of the French Civil Code. The following events shall be considered a case of force majeure, without requiring the Party unable to perform its obligations to establish that the event in question has the characteristics defined in the previous paragraph: wars, attacks, armed attacks, embargoes, social movements on a national scale, natural disasters, earthquakes, typhoons, floods, fires, explosions, hurricanes, power cuts, network outages, computing disturbances, the requisition of the Diane de Polignac Gallery, its suppliers or subcontractors, as well as epidemics, pandemics and/or any decision by the public authorities having consequences on the execution of the Contract.
In such a situation, the Diane de Polignac Gallery reserves the right to suspend or cancel the sale of the Works, in whole or in part. It shall not be held liable for failure to perform the obligation in question, nor shall it be held liable for the payment of damages or penalties for delays.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of ninety (90) days. If the impediment is permanent or exceeds the duration of ninety (90) days, the sale governed by the present GTC shall be annulled by operation of law after a notification is sent from the Diane de Polignac Gallery to the Customer referring to the present clause of the Contract.
In the event of a change in circumstances, unforeseeable at the time of conclusion of the contract and in accordance with the provisions of Article 1195 of the French Civil Code, the Diane de Polignac Gallery, which has not agreed to bear a risk of excessively onerous performance, may ask the Customer to renegotiate the sale.
However, if the change in circumstances unforeseeable at the time of conclusion of the contract is permanent or exceeds the duration of ninety (90) days, the sale shall be annulled by operation of law after a notification is sent from the Diane de Polignac Gallery to the Customer referring to the present clause of the GTC.
You are invited to consult the personal data policy of the Diane de Polignac Gallery, which applies to all personal data relating to registration, orders and commercial relations.
The present GTC are governed by French law.
They were written in French. In the event that they are translated into one or more languages, the French text shall be the only authoritative text in the event of a dispute.
In the event of a claim, you can contact the after-sales service:
In accordance with Article L.612-1 of the French Consumer Code, if you do not consider the final response provided by our after-sales service to be satisfactory, you have the possibility of resorting to conventional mediation free of charge at the Commission de la Médiation de la Consommation [the French Commission for Consumer Mediation] (Article L.612-1 of the French Consumer Code), with a view to resolving the dispute out of court.
The mediator is the French Fédération du E-commerce et de la Vente à Distance (FEVAD) (60 rue la Boétie 75008 Paris – firstname.lastname@example.org). You must submit a complete file to the mediator, including the documents exchanged with the after-sales service, according to the referral procedures available on its website: http://www.mediateurfevad.fr.
In the event of a cross-border dispute (if you live in a European Union country other than France), you may consult the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr.
Failing amicable agreement and notwithstanding any contrary public policy provisions, any dispute, of any nature whatsoever, in connection with the present GTC, as well as with the sales and purchase operations concluded between the Diane de Polignac Gallery and the Customer, shall be subject to the sole jurisdiction of the French courts within the jurisdiction of the Court of Appeal of Paris, even in the event of multiple defendants, guarantee claims or interim proceedings.
THE FRENCH CONSUMER CODE
The seller shall deliver a product that conforms to the contract and shall be liable for any lack of conformity existing on delivery.
It shall also be liable for any lack of conformity caused as a result of the packaging, assembly instructions or installation instructions if the seller is contractually required to package, assemble or install the product or if the product is packaged, assembled or installed under its responsibility.
In order to conform to the contract, the product shall:
1° Be fit for use in the manner usually expected of a similar product and, where applicable:
– correspond to the description given by the seller and possess the qualities described by the seller to the buyer in the form of a sample or model;
– have the qualities which a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in an advert or on the label;
2° Or have the characteristics jointly defined by the parties or be fit for any specific use sought by the buyer, which is brought to the seller’s attention and accepted by the latter.
The seller shall not be bound by the public declarations of the manufacturer or of its representative if it is established that it was not aware of them and was not legitimately able to have been aware of them.
A lack of conformity that appears within a time limit of twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proved to the contrary.
For second-hand goods sold, this time limit is set at six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
The buyer is entitled to demand the conformity of the goods with the contract. The buyer may not, however, challenge the conformity by invoking a defect that he/she was aware of or could not have been unaware of it when entering into the contract. The same shall apply when the source of the defect is the materials provided by the buyer.
In the event of a lack of conformity, the buyer shall decide between the repair and the replacement of the goods.
However, the seller may decide not to proceed with the purchaser’s choice if it entails a cost manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. It shall then be under obligation to proceed, unless unable to do so, as per the method not chosen by the buyer.
If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
The buyer shall have the same option:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within the time limit of one month following the claim of the buyer;
2° Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his/her intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost for the buyer.
These same provisions shall not hinder the awarding of damages.
Legal action resulting from conformity defects is time-barred at two years from the delivery of the goods.
The provisions of the present section do not deprive the buyer of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature to which he/she is entitled under the law.
When the buyer asks the seller, during the course of the commercial guarantee granted to him/her when acquiring or repairing a movable item, to repair the item covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee.
This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
THE FRENCH CODE CIVIL
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he/she had known about them.
The seller shall not be liable for obvious defects which the buyer could have discovered on his or her own.
The seller shall be liable for hidden defects, even if it was not aware of them, unless it has stipulated not to be bound to any guarantee.
In the case of Articles 1641 and 1643, the buyer has the choice of either returning the goods and receiving a refund of the price paid, or of keeping the goods and receiving a refund of a portion of the price paid.
If the seller was aware of the defects of the goods, it shall be liable, in addition to a refund of the price paid, for all damages incurred by the buyer.
If the seller was not aware of the defects, it shall only be liable to refund the price paid and reimburse the buyer for any costs incurred by the sale.
If the defective goods perish due to poor quality, the loss falls upon the seller who is liable to the buyer to refund the price, as well as for other cases of compensation for damages explained in the two preceding Articles.
But a loss occasioned by unforeseeable circumstances falls upon the buyer.
An action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of preclusion, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.
The postponement of the starting point, the suspension or the interruption of the statutory limitation may not result in the statutory limitation being extended beyond twenty years from the date the right first applied.
The first paragraph shall not apply in the cases mentioned in Articles 2226, 2227, 2233 and 2236, in the first paragraph of Article 2241 and in Article 2244. Furthermore, it shall not apply to actions relating to the condition of individuals.
CONSUMER WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the order placed on the website https://dianedepolignac.com, except where exclusions or limitations to exercising the right of withdrawal are set out in the applicable General Terms and Conditions of Sale)
For the attention of the Diane de Polignac Gallery,
2 bis Rue de Gribeauval
France – 75007 Paris
Tel. + 33 (0) 1 83 06 79 90
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract relating to the sale of the following goods (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) only if this form is submitted on paper:
(*) Delete as appropriate