General sales conditions & shipping cos

January 15, 2016 : new general sales conditions are available in French, but not yet translated into English. These new conditions apply immediately.

FIELD OF APPLICATION
These general terms and sales conditions  shall govern the sales concluded by the Place des Arts company, registred at the "Registre du Commerce et des Sociétés" of Paris under number 379 033 806, located 3 rue de Téhéran 75008 Paris France, with non professional customers wishing to purchase artworks offered for sale on its Internet website www.place-des-arts.com.
The validation of an order by the customer is considered as an acceptance of these terms and general sales conditions without reserve.
Any dispute relating to the interpretation of these conditions will be within the jurisdiction of the Commercial Court of Paris. Competency in legal matters : French law applies
The translation of our General Sales Conditions in english is done as indicative. Only the terms and conditions written in french will prevail if necessary on any other version in a foreign language or any other contradictory document in case of dispute.

GARANTEE 
All artworks are sold unframed and in very good condition unless otherwise stated. We deal strictly with works in excellent condition, most of them have never been framed.
All artworks are guaranteed to be as described, certified as genuine, and issued with a certificate of authenticity (COA). The COA describes the artwork with precision and garantees the authenticity of the signature when it is handwritten. We do not issue COA for posters or works with a small value (less than 100 EUR) unless specifically requested by the customer.
The descriptive artworks records, despite the care in drafting them, may contain errors or omissions. If any doubt, do not hesitate to contact us.
Pictures published on our website are to illustrate the artworks and are not contractual. We can provide additional photos on request.
In any case, an error or omission in drafting the description of an artwork published on our website, may not be enforceable against us in case of dispute. Only our certificate of authenticity will prevail.

PRICE
All prices are NET and quoted in Euros (EUR). They can be modified without notice.
Prices are quoted in USD, GBP, JPY and CHF for your information only.  Payments are accepted only in EUR.

ORDER
The avaibility of artworks will be confirmed before payment.
All orders are final. To be accepted, the possible alterations or cancellations requested by the purchaser, will have to be received by email before the goods are dispatched

METHODS AND TERMS OF PAYMENT
Payment in full is expected before shipping.
We accept all major credit cards (Visa, Mastercard and Amex). As our secure payment is 3d-secure, you must pay on line from your end (except Amex)
Bank transfer is also available on request. In some cases, we reserve the right to require a payment by bank transfer.
We do not accept foreign checks and Paypal
Reserved items will be held for two weeks pending receipt of payment.

PROPERTY
The transfer of property of the goods is only effective after full payment of the price in accordance with the french law n° 80-335 of may 12th 1980.

TRANSPORT, INSURANCE & CUSTOMS
Shipping cost free of charge is granted from 1000 EUR per delivery for a shipment in a standard tube to France, and abroad according to destination from 2000 or 3000 EUR. 
If a flat parcel or a specific packaging is needed, you will be informed for an additionnal packing-shipping cost.
Shipping is insured for loss or damage, and insurance is included in the shipping cost up to 3000 EUR. If your purchase exceeds 3000 EUR, we'll have to charge you an extra cost of 100 EUR of insurance per shipment.
IMPORTANT : At receipt of the goods, the client is required to make the necessary reservations to the carrier in case of loss or damage within the legal deadline (48 hours to 7 days depending on destination, see terms of the carrier).
The transfer of risk takes place at the delivery of the parcel to the carrier (CIP incoterm).
We usually ship by UPS, unless you have your own shipper. In this case, the EXW incoterm will apply.
CUSTOMS : buyers are entirely responsible for the payment of customs charges, duties, and/or taxes, if any, upon arrival of the artworks in the country of receipt.

STANDARD SHIPPING COST (for information only)
= 5 prints maximum in a standard size roll, insurance up to 3000 EUR included.
France by Colissimo suivi : 15 € - by UPS 20-25 €
Europe (EEC) by UPS : 30-50 €
Europe (Norway, Switzerland...) by UPS : 60-80 EUR
USA, Canada, Mexico by UPS : 70 €
Japan, Australia, Latin America by UPS : 100-120 €
Other countries by UPS : 80 -120 € (POR)

CLAIMS
Claims concerning apparent defects or non-compliance of goods delivered with the purchase order or the certificate of authenticity must be done by email within 8 days (14 days for EEC customers) after the receipt of the goods.

RETURN POLICY - RIGHT TO RETRACT
Any request for return must be done by email within 8 days of receipt (14 days for EEC customers). After approval, we will ask you to place the works with the usual precautions in case of rare and collectible artworks in their original packaging. Return shipping instructions will be provided. No returns will be accepted without prior agreement.
In case of loss or damage to the original packaging, customers must provide on his behalf and responsability equivalent packaging. We can provide a replacement packaging at cost for the safe return of the works if necessary.
Refund : the purchase price less shipping cost, insurance and any customs duties or extra packaging cost,  will be credited to the buyer's account within 7 days from receipt, with the exception of possible adjustments for damage to the works due to the negligence of the customer when preparing the parcel, according to an estimate done by our artworks restorer.
We reserve the right to have the parcel opened by a bailiff in case of obvious negligence in packing the artworks, and provide bailiff's report at the cost of the customer.

If you have any comments or inquiries, please fill out our form


Warning about buying art on the internet
The FBI reports that auctions are the number one complaint area for cyber fraud. Large omnibus sites like Ebay seem unable to prevent deception, fraudulent offerings, and disappearing sellers. This is understandable because the site is so large and impersonal that no one is empowered or able to review the material offered except on an occasional basis.

Place des Arts - Paris managed by Laurent Schwarz is the one of the oldest european website specialised in fine art prints (open dec. 1997). We operate from a fixed address where we can be found by phone or personal visit (see about us). We rigorously screen every work offered on our website so as to assure buyers that the work is completely consistent. We provide to our clients a certificate of authenticity - COA - for each work we sell. As a result we have never had an issue with any of our extensive internet client base concerning delivery or authenticity.

GUIDELINES FOR INTERNET PURCHASES Based on conversations with a number of clients as well as our own observations about art offerings on the internet we offer these guidelines about buying art on the internet.

1. Check the warranty section. A number of sites are noticeably wary of guaranteeing just about anything concerning their offerings, not the price, not the authenticity, not the signature, not even the availability. Why would you want to be the one that takes all the risk in such a transaction?

2. Demand relevant documentation. More established artists and especially dead artists usually have their authentic works catalogued and photographed in widely available reference books called catalogue raisonnes. These references are usually noted in descriptions of the works offered for sale by legitimate galleries and knowledgeable private sellers. If the seller can't provide you with these references there may be a reason. You can check these references by going to a library, gallery, museum, or knowledgeable art professional where these references may be found and looking up the work in the relevant reference work(s). We have most of the important references and use them extensively in preparing our catalogues.

Younger artists usually can be contacted directly or through their galleries for assurances of authenticity. Many galleries provide detailed certificates of authenticity for the artists that they represent (see below about certificates of authenticity). These certificates should pass with changes in ownership to the new owners. Print publishers can be contacted directly for information about works that they have published if they are still in business. This documentation is very important when purchasing expensive works.

3. Demand a written and detailed guarantee of authenticity. Many sellers provide a simple statement on a letterhead or even a statement on an elaborate decorative certificate but providing a bare minimun of data and even this may be inaccurate. Details such as title, date, medium, size, signature and signature type, edition number and total edition size if edition if known, along with catalogue raisonne references should be a minimum. For unique works a detailed provenance is very helpful and absolutely essential on older works if you wish to be sure that the work is authentic. The seller should guarantee the authenticity of the work in writing. Many galleries will also guarantee the authenticity of the signatures as well.

4. Deal with someone or a firm that won't disappear if there is a problem. Virtual galleries may seem like a revolutionary new concept, but if you have a problem the virtual gallery may disappear as fast as the last screen on your terminal. Demand a fixed and established address for a gallery. With individual sellers, you have to make a personal judgement, but according to recent news reports about intenet auction fraud, many sellers are deliberately obscure as to their whereabouts.

5. Counterfeits and forgers exist in great number in the art world. The most common problem works are, not surprisingly, by artists with the highest recognition in the wider world, especially the big five: Picasso, Miro, Chagall, Dali, Matisse, along with Warhol and a few others. Many older works were never signed but later owners have appended false signatures to them to increase their worth.

Knowledgeable art professionals can usually avoid these works, but novice buyers often lack the expertise and experience to spot the often-obvious problems with such works.

The old axiom, "If it's too good to be true, it probably isn't" is the first rule of thumb to fall back on when looking for art works on the net.

6. Pay with a credit card if you have reservations. Most credit card issuers will refund your money if there is an obvious fraud. In addition, the credit card issuers are not interested in dealing with merchants of dubious legitimacy. If a gallery can't accept credit cards, it may be for some reason that should set off caution lights in your mind.