Terms of sale

This English translation is provided for convenience. In case of any discrepancy, the French version prevails.

1 — Legal information, purpose and scope

The website galerie90.fr (the “Site”) is operated by GALERIE 90, a simplified joint-stock company (SAS) with share capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 952 009 025, SIRET 952 009 025 00018, intra-community VAT number FR21 952 009 025, whose registered office is at 52 boulevard de Ménilmontant, 75020 Paris, France. Publication director: Alexis Chapron. Contact: contact@galerie90.fr.

The gallery receives the public at Stand 2, 22 rue Paul Bert, 93400 Saint-Ouen, from Friday to Monday from 10am to 6pm, and from Tuesday to Thursday by appointment. The registered office does not receive the public.

The Site is a showcase: no order can be placed and no payment can be made on it. These general terms of sale (“Terms”) apply, without restriction or reservation, to any sale concluded by Galerie 90 with a customer (“Customer”) following a written exchange — email or message — concerning a piece presented on the Site, as well as to any sale concluded at the gallery that involves shipment. They take precedence over any other document and are brought to the Customer’s attention before the sale is concluded.

For the purposes of these Terms, the Customer may be a natural person or a legal entity. Where the Customer is a natural person acting for purposes outside their commercial, industrial, craft, professional or agricultural activity (the “Consumer”), they benefit from the protective provisions of the French Consumer Code set out in articles 6 (right of withdrawal) and 7 (legal guarantees) below. These specific provisions do not apply where the Customer acts for business purposes.

2 — Nature of the pieces sold

Galerie 90 offers for sale furniture, lighting and design objects from the 1960s to the 2000s, chosen through a demanding selection that brings together Italian and French designers (notably Memphis, postmodernism and radical design). Unless otherwise stated on their page, pieces are sold individually and as a single available example: they therefore cannot be replaced or exchanged if unavailable.

The condition of each piece (very good condition, good condition, any restorations) is stated on its product page; the photographs and descriptions are prepared with the greatest care by Galerie 90, which is bound only by what is explicitly stated on the page.

The Customer acknowledges and accepts that vintage and antique objects may, owing to their age and previous use, show signs of use, patina or slight cosmetic defects consistent with their period; these cannot be held against Galerie 90 provided they do not contradict the description on the page.

3 — Availability and conclusion of the sale

The pieces presented on the Site are offered within the limit of the available examples indicated on their page. Galerie 90 undertakes to remove from the Site without delay any piece that is no longer available for sale, in particular in the event of a simultaneous sale at the gallery or through another channel.

The sale is concluded in writing, in four stages:

1. the Customer sends a request to Galerie 90 from the piece’s page or by email to contact@galerie90.fr;
2. Galerie 90 replies with a written proposal specifying the piece, its price, the delivery costs or collection arrangements, and the time within which it will be made available;
3. the Customer accepts this proposal in writing, which constitutes acceptance of these Terms;
4. payment is made under the conditions of article 4.

The sale becomes binding only upon the Customer’s written acceptance of Galerie 90’s proposal. A request for information, a verbal reservation or a price offer from the Customer does not bind Galerie 90 until it has explicitly accepted it in writing.

Galerie 90 confirms the sale by email within twenty-four (24) hours of receipt of payment, or of the first instalment where staggered payment has been agreed.

4 — Price and payment

Price — the prices shown on the Site’s pages are expressed in euros (€), all taxes included, and exclude delivery costs. They are confirmed in the written proposal sent to the Customer and are fixed for the period it indicates. Galerie 90 may freely adjust them for any subsequent sale.

Means of payment — payment is made by bank transfer, bank card, cheque or cash. Bank details are provided with the written proposal. Payment by bank card and payment in cash are made at the gallery.

Cash payment limit — in accordance with article L.112-6 of the French Monetary and Financial Code, payment in cash is limited to 1,000 euros where the Customer has their tax domicile in France or acts for the purposes of a business activity, and to 15,000 euros where they can show a tax domicile abroad and do not act for the purposes of a business activity. Above these amounts, another means of payment is required.

Due date — the price is payable in full when the sale is concluded, unless staggered payment has been agreed in writing between the parties.

Retention of title — the pieces sold remain the full property of Galerie 90 until the full price has actually been received.

VAT — second-hand pieces are sold under the special margin scheme provided for in article 297 A of the French General Tax Code. In accordance with article 297 E of that code, the tax does not appear separately on the invoice and cannot be recovered by the Customer, including where they act for business purposes. New pieces and contemporary works are sold under the standard VAT regime: the tax then appears separately on the invoice and follows the usual deduction rules.

5 — Collection and delivery

Collection — the Customer may collect their piece free of charge at Stand 2, 22 rue Paul Bert, 93400 Saint-Ouen, during the gallery’s opening hours or by appointment.

Delivery — at the Customer’s request, Galerie 90 arranges delivery in France and internationally. Delivery costs are quoted according to the volume, weight and fragility of the piece and the destination; they are stated in the written proposal and accepted by the Customer before the sale is concluded. Any customs duties and taxes remain payable by the Customer for shipments outside the European Union.

Time limit — unless a date has been expressly agreed with the Customer, Galerie 90 undertakes to deliver or make the piece available within a maximum of thirty (30) days of the conclusion of the sale, in accordance with article L.216-1 of the French Consumer Code, taking into account where appropriate the fragility and bulk of the pieces sold. Failing delivery within this period, the Customer may, under the conditions of articles L.216-2 et seq. of the French Consumer Code, give Galerie 90 formal notice to deliver within a reasonable additional period and, failing that, terminate the sale in writing on a durable medium.

Receipt — the Customer is invited to check the condition of the piece and its packaging on delivery, and to report any visible damage immediately, by written reservations to the carrier and then by email to contact@galerie90.fr.

Transfer of risk — where the Customer is a Consumer and delivery is carried out by a carrier proposed or arranged by Galerie 90, the risk of loss of or damage to the piece passes when the Customer, or a third party designated by them other than the carrier, takes physical possession of the piece, in accordance with article L.216-2 of the French Consumer Code. By way of exception, where the Customer has independently chosen a carrier other than the one proposed by Galerie 90, the risk passes as soon as the piece is handed over to that carrier, in accordance with article L.216-5 of the French Consumer Code. For Customers acting for business purposes, the risk passes as soon as the piece is handed over to the carrier.

6 — Right of withdrawal and returns

Sales concerned. A sale concluded by written exchange at a distance — email or message — without the Customer and Galerie 90 having met is a distance sale within the meaning of article L.221-1 of the French Consumer Code. The right of withdrawal below applies to it.

Sales not concerned. A sale concluded at the gallery, in the Customer’s presence, is not a distance sale: it gives no right of withdrawal, whether the piece is taken away on the spot or delivered afterwards. Collecting from the stand a piece bought at a distance does not, however, deprive the Customer of their right of withdrawal.

Time limit. In accordance with articles L.221-18 et seq. of the French Consumer Code, the Consumer Customer has fourteen (14) days from receipt of the piece to exercise their right of withdrawal, without having to give reasons or pay any penalty, except for return costs, which remain payable by them. This right is not available to Customers acting for business purposes.

How to exercise it. The Customer notifies their decision to contact@galerie90.fr by an unambiguous statement, or by means of the model form reproduced below. Galerie 90 then gives the return address and arrangements. The piece must be returned in its original packaging or packaging offering equivalent protection, with the invoice, in exactly the condition in which it was delivered.

Refund. It covers the full price paid, excluding return costs, and is made no later than fourteen (14) days from the date on which Galerie 90 is informed of the decision to withdraw. Galerie 90 may defer this refund until the returned piece has been recovered or until the Customer has provided proof of its dispatch, whichever is earlier, in accordance with article L.221-24 of the French Consumer Code. Galerie 90 reserves the right to deduct from the refund any depreciation resulting from handling other than that necessary to establish the nature and characteristics of the piece.

Model withdrawal form — to be completed and returned only if you wish to withdraw:

To GALERIE 90, 52 boulevard de Ménilmontant, 75020 Paris, France — contact@galerie90.fr

I hereby give notice that I withdraw from the contract for the sale of the piece below:

Description of the piece: …
Sale concluded on: … · Piece received on: …
Name of Customer: …
Address of Customer: …

Signature (only if this form is notified on paper) — Date: …

7 — Legal guarantee and second-hand pieces

The Consumer Customer benefits from the legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (article 1641 of the French Civil Code). Any action arising from hidden defects must be brought within two years of the discovery of the defect, in accordance with article 1648 of the French Civil Code.

For second-hand goods, lack of conformity that appears within twelve (12) months of delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or of the alleged defect, in accordance with article L.217-7 of the French Consumer Code. The legal guarantee of conformity may be exercised for two years from delivery of the piece.

Given the nature of the pieces sold by Galerie 90 — vintage, unique furniture and objects that have already had one or more uses — signs of use, small scratches or patina consistent with the age of the piece and mentioned or visible in the photographs cannot constitute a lack of conformity that can be held against Galerie 90.

Any claim under these guarantees should be sent to contact@galerie90.fr, stating the nature of the defect found.

8 — Certificate of authenticity

On simple written request to contact@galerie90.fr, the Customer may obtain a certificate of authenticity for the piece purchased, stating the dating adopted by Galerie 90 and, where known and documented, the name of the designer and of the manufacturer or workshop.

9 — Liability

Galerie 90 undertakes to perform its obligations diligently and in accordance with professional standards. It cannot be held liable in the event of force majeure, nor for the use, installation or maintenance of the pieces after delivery, as they are sold uninstalled.

Vintage lighting is sold as collectors’ items. Any electrical refurbishment required for domestic use is the Customer’s responsibility and must be entrusted to a qualified professional, unless otherwise stated on the piece’s page.

10 — Personal data, mediation and disputes

The processing of the Customer’s personal data is described in the Site’s privacy policy, accessible from every page of galerie90.fr.

In accordance with article L.616-1 of the French Consumer Code, any Consumer Customer may have recourse free of charge, in the event of a dispute not resolved amicably, to a consumer mediator. The list of approved mediators can be consulted at economie.gouv.fr/mediation-conso. The details of the mediator chosen by Galerie 90 will be given here and are available on request at contact@galerie90.fr.

These Terms are governed by French law. In the event of a dispute, and after first seeking an amicable solution, failing amicable agreement or mediation, the courts within the jurisdiction of Paris shall have sole jurisdiction.