For the sale of painting(s) to a private individual or a company

 

Phi-Artiste-Peintre

499 Chemin de Crabille

31470 SAINT-LYS (France)

+ 33 663596032

 

Siren : 9 305 84 149
Siret : 9 305 84149 00015
Code APE : 90.03B (activité artistiques relevant des arts visuels) 

TVA non applicable - Article 293 B du CGI 

 

Mail : Phi-Artiste-Peintre@orange.fr

Site : Phi-artiste-Peintre.com

 

1) Documents sent by the Artist to the Purchaser. 

As part of the transaction, the Artist undertakes to provide the client (private individual or company) with a global invoice for the work :

• including the price of the work excluding tax ; 

• an estimate to be paid for the cost of shipping and packing the work (whether for shipment within France, within the EU or outside the EU); 

• A quotation informing the buyer of the expected amount of customs duties to be paid in the event of shipment within or outside Europe.

• A quotation specifying the amount of VAT, if any, or its exemption, depending on the status of the artist/purchaser/country.

 

The following are added 

• A certificate of authenticity attesting that the work created by him is an original work, with its own specific characteristics. 

• Supporting documents produced by the carrier chosen by the artist at the time of dispatch.

• A sales contract, signed by both parties.

 

2) Reservation of copyright 

The sale is governed by a contract signed by the parties concerned. As specified in article L.111-3 of the French Intellectual Property Code, intangible property (intellectual, moral and economic rights) is independent of ownership of the material object. The Artist transfers the material ownership of the work. Consequently, the Artist remains the sole owner of all copyright and, in general, of all intellectual property rights relating thereto.

 

3) Payment by the Artist and payment deadlines

The total sale price of an original work is paid in cash, on the day the contract is signed, by bank transfer, using the bank details provided by the Artist. Cash and cheques are not accepted. The Artist remains the sole owner of the work until the sale price has been paid in full. 

In the case of an order for a master copy or a recreation: Payment is made in three stages: first in the form of a deposit of 10%, then a payment of 40% at the beginning of the work, and the balance on collection from the studio. Shipping costs must be added to the quotation. If the payment deadlines - in the case of instalments - are not met, the artist reserves the right to cancel the sale. Under French law, the work remains the property of the artist until it has been paid for in full.

French law requires artists to check the identity of the buyer (identity card) and the source of the funds used. The buyer therefore undertakes to respect the terms of the transaction with the utmost transparency. 

 

4) Shipment of the work and reservation of ownership 

The artist reserves the right to check the full availability of the funds deposited in his professional account, before envisaging any dispatch and delivery of the work, whether it is an original creation, a copy or a master recreation.

For his part, the artist undertakes to keep the purchaser regularly informed throughout the process of shipping the work and to ensure that shipping conditions are optimal. 

 

5) Shipment of the work 

The artist is responsible for shipping the painted works via an approved carrier. The parties agree together on the date of delivery or handover of the work. 

A quotation estimating the cost of transport will be offered to the customer when the work is purchased. This quotation will include an estimate of the cost of shipping and packing the work, which will be payable by the customer if the work is purchased. 

A report on the condition of the work and its packaging will be drawn up by the artist when it is handed over to the carrier (in the form of a photographic file useful in the event of a dispute), as well as when the work is delivered or handed over by the purchaser. 

 

6) Customs 

Customs duties are at the buyer's discretion. They may be estimated by the carrier, depending on the declared value of the work.

 

7)  Definition of the applicable law and the competent courts in the event of a dispute 

The proposed contract is subject to French law. It will be drafted and signed in French, but in the event of any difficulties of interpretation, only the French version will prevail. The French version will take precedence over the English version. 

In the event of a dispute relating to the interpretation and/or performance of the general terms and conditions of sale, the parties agree to favour a compromise solution by attempting to reach an amicable settlement. 

If this fails, any dispute arising from the formation, validity, performance, interpretation and/or termination of the sales contract, which cannot be resolved by amicable agreement between the parties, will be referred to the competent courts.