General terms and conditions of online selling
This website http://www.ROPAC.net (hereafter the "Website") is published by GALERIE THADDAEUS ROPAC SARL (hereafter the "Gallery"), with share capital of €170,000, the registered office of which is at 7 rue Debelleyme, 75003 PARIS, listed on the Paris Trade and Companies Register under the number B 378 288 617, EC VAT number FR 07 378 288 617.
Telephone: +33 1 55 89 01 10
General provisions relating to these General Terms and Conditions of Sale (hereafter the "T&Cs")
Object of the T&Cs
These General Terms and Conditions of Sale (hereafter the "T&Cs") define the terms and conditions applicable to any transaction made via the Website of the Gallery (hereafter the "Seller"), by a consumer or professional buyer (hereafter the "Customer").
Availability and enforceability of the T&Cs
The T&Cs are available to the Customer on the Website where they can be viewed directly.
Any transaction via the Website implies the Customer’s unreserved acceptance of these T&Cs. The Customer acknowledges to have read them by checking a box designed for this purpose. The Customer represents that they are at least 18 years old and that they have the legal capacity or have parental authorisation to carry out a transaction on the Website.
Amendments to the T&Cs
Clauses of the T&Cs
If a contractual clause is found to be invalid, the remaining provisions of the T&Cs shall continue to be valid and shall remain in force between the Parties.
The offer extends to products presented on the whole Website (hereafter the "Product(s)"). The offer visible on the Website for these T&Cs is valid until it is amended.
Photographs illustrating the Products are provided for information only and therefore do not constitute contract documents. Any differences between the Products delivered and their photographic representation may only be minimal and shall not affect the essential characteristics of the Product.
Products are offered within the limits of available inventory. If a Product is not available within the delivery time specified in the terms of the offer, the Customer may cancel their order seven (7) days following the end of the specified delivery time. A refund will be issued in accordance with the terms set out in Clause 9 of these T&Cs.
The sales price of each Product is stated in Euros inclusive of VAT (incl. VAT), excluding delivery and transport costs mentioned before the order is confirmed and charged in addition. The total amount payable by the Customer is specified on the order confirmation page.
The sales price of the product is the price in effect at the order date.
Unless otherwise stipulated, all prices are inclusive of VAT at the value-added tax (VAT) rate in force in France at the time of the order, applicable depending on the product type. Any changes to the applicable VAT rate may be reflected in the prices of the products presented for sale on the Website.
Any order delivered outside France may be subject to a different VAT rate, to any taxes and to customs duties or other local taxes, import duties or State taxes, which are payable by the Customer. These duties and sums are the sole responsibility of the Customer in terms of the declaration and payment thereof to the competent authorities and organisations in their country. The Customer is responsible for obtaining information from the competent local authorities.
A Customer wishing to buy a product on the Website must follow the steps indicated on the Website.
Online orders are only confirmed after the content thereof has been checked and they may be amended from the order summary page. If the Customer has made an error when entering data, they can either abandon their order by going back to the previous page or by closing the current session, or change the content of their order by entering different data.
The Customer shall provide information relating to delivery and the payment method. No order may be placed without acceptance of the T&Cs.
Finally clicking acceptance of the order constitutes a sales contract.
An email acknowledging receipt and payment of the order is sent by the seller to the email address given during the order process, which gathers all the information about the order as soon as possible.
The Gallery undertakes to only honour the order within the limit of available product inventory. In the case where products are not available, the Gallery undertakes to inform the Customer.
The Gallery reserves the right to refuse the order if it is irregular, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning payment of a previous order.
The price inclusive of VAT is only payable by the Customer by payment card. Only payment cards bearing the CB logo are accepted.
To secure payment and to preserve the security of the Customer’s bank details, payment is made via a secure payment module to protect all sensitive data related to payment methods as effectively as possible.
Products will only be dispatched following the bank’s acceptance of the Customer’s payment method.
In accordance with Article L.221-18 of the French Consumer Code, the Customer benefits from a fourteen (14) day withdrawal period as from the date following receipt of the Product. In the case where that period ends on a Saturday, Sunday, public holiday or non-working day, it is extended to the next business day.
If the Customer wishes to terminate the contract within this period, they must:
Send the standard form to the seller (appendix 1 of these T&Cs)
Return the delivered Product to the Gallery, in the Product’s original packaging, complete, and in perfect condition, within 14 (fourteen) days of sending the withdrawal form, to the following address:
Online Shop c/o
69 Avenue Général Leclerc
Any direct shipping costs will be payable by the Customer.
Any Product returned without its original packaging, or returned incomplete, spoiled, damaged or soiled by the Customer shall not be accepted. The Customer shall be responsible for keeping any proof of the return, which means that the Product should be returned by registered post or by any other method allowing the date to be ascertained.
The Gallery undertakes to refund the Customer, within a maximum of fourteen (14) days from recovery of the Product, including any original delivery costs (except for additional costs resulting from the Customer selecting a delivery method other than the less expensive standard delivery method offered by the seller and excluding any taxes and customs duties or other local taxes or import duties or State taxes payable on delivery).
The refund will be given using the same payment method as the one used by the Customer, unless a different method is expressly agreed with the Customer.
In accordance with Article L.221-28 of the French Consumer Code, the right to withdraw does not apply to items liable to deteriorate or expire quickly or to audio or video recordings or computer software where they have been unsealed by the Customer after delivery, or to newspapers, periodicals or magazines.
Retention of title
Delivered Products will remain the property of the Gallery until their price is paid in full. A payment document does not constitute payment until the bank has credited the Gallery.
In the absence of payment in full, the Gallery shall be entitled to demand the return of the Products. The costs incurred for returning Products under these circumstances will be payable by the Customer.
The Products are delivered to the delivery address specified during the order process in accordance with the selected delivery method. The Customer is solely responsible for any non-delivery due to a lack of information when ordering.
In accordance with the delivery time specified on the Website for each Product, the Gallery undertakes to deliver them within 30 business days of receiving the order. If this period is exceeded, the Customer may cancel their order seven days following the end of the delivery time in accordance with Article L 216-2 of the French Consumer Code. In the event of cancellation of the order, the Customer will be refunded in full within 30 days of receipt of their withdrawal.
The total delivery costs depend on the Order amount, the delivery method selected by the Customer and the destination country. In any case, the total Delivery Costs are notified to the Customer before the order is confirmed.
In the case where, on delivery, the Product proves to be non-compliant with the order in accordance with Article L. 217-5 of the French Consumer Code, the Customer may, within 2 (two) years of delivery of the Product, return it at the Gallery’s expense. On request and subject to the terms on costs specified in Article L.217-9 of the French Consumer Code, the Gallery will send another Product in line with the Product referred to in the order.
In the case where, on using it, the Product presents a latent defect making it unfit for normal use in accordance with Article 1641 of the French Civil Code, the Customer may, within 2 (two) years of discovering the defect, return it to the Gallery. After ascertaining the defect, the Gallery will refund the product or reduce the price, at the Customer's discretion. The Gallery is not liable for apparent defects and cannot be held liable for any damaging consequences that any latent defects affecting the product may have caused.
The relevant laws are reproduced below:
Article L.217-5 of the French Consumer Code:
Goods comply with the contract:
1. If they are suitable for the use usually expected of similar goods and, where applicable:
- if they match the description given by the seller and have the qualities presented by the seller to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect given the public statements issued by the seller, the producer or its representative, in particular in advertising or on labelling;
2. Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use sought by the buyer, notified to the seller and to which the seller has agreed.
Article L.217-9 of the French Consumer Code:
In case of non-conformity, the buyer shall decide between repairing and replacing the goods.
However, the seller may not proceed in line with the buyer's decision if that decision results in a manifestly disproportionate cost compared to the other method, taking into account the value of the goods and the significance of the defect. The seller is then required to proceed, unless this is impossible, with the method not selected by the buyer.
Article 1641 of the French Civil Code:
The seller is bound by the warranty for latent defects in the item sold making it unfit for the usage for which it is intended, or which reduce that usage to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known about them.
The Gallery cannot be held liable for breach of contract in case of fortuitous event or force majeure as usually defined by French case law. The Gallery will notify the Customer of such a fortuitous event or force majeure within 8 days of the date of the event.
When the suspended performance of the Gallery's obligations continues for more than 30 (thirty) days, the Customer is able to terminate any orders in progress. The Gallery will then refund the order in accordance with the terms in Clause 9 of these T&Cs.
The Gallery cannot be held liable for any inconvenience or damage due to use of the Internet network, including a service interruption, external intrusion or computer virus.
Complaints and private settlement of disputes
Pursuant to Article L.612-1 of the French Consumer Code: "All consumers are entitled to free recourse to a consumer ombudsman to privately settle a dispute between them and a professional".
Disputes falling within the scope of Article L.612-1 of the French Consumer Code are the disputes defined in Article L.611-1 of the French Consumer Code, namely contractual disputes relating to the performance of a sales or service agreement between a consumer and a professional. The law covers national disputes and cross-border disputes.
In case of any problems, the Customer is asked to contact the Gallery using the contact details set out in Clause 1 of these T&Cs.
The Gallery reserves the right to collect the Customer’s nominative information and personal data required to process the order. They are kept for the period needed to manage the business relationship and for no more than 3 (three) years from the end of the business relationship.
Data relating to the payment method used may be kept, for a maximum of 13 months, as a means of proof in the event of a potential dispute of the transaction.
In accordance with the regulations in force in France and in the European Union, in particular the General Data Protection Regulation EU 2016/679 and national implementing laws, the Customer has, at all times, a right to access, correct and object to their nominative information and personal data by contacting the Gallery using the contact details mentioned in Clause 1 of these T&Cs.
Personal data collected and processed for the performance of the services are used exclusively for the purposes of the assignment and for the processing of files determined by the Customer. They are subject to adequate and proportionate processing and are kept for an appropriate period for the performance of the service and for the purposes of the assignment. In particular:
- Data subjects are informed of the purposes of the processing of their personal data, as well as of the rights they hold with regard to their personal data;
- Access to personal data is strictly limited to the Gallery’s employees and service providers authorised to process them as a result of their roles and explicitly appointed for that purpose.
Applicable law - Disputes
These T&Cs are subject to French law.
In case of dispute, the courts of Paris will have exclusive jurisdiction.
For the attention of Online Shop c/o Thaddaeus Ropac 69 Avenue Général Leclerc
I hereby notify you of my withdrawal from contract No _________________ relating to the sale of the product ______________________________________________________________.