Terms and conditions of sale

Heimdall, a French limited liability company (SARL) with share capital of €5,000, whose registered office is located at 2 impasse du Camp d’Ambel, 38250 Villard-de-Lans, France, registered with the Grenoble Trade and Companies Register (RCS) under number 912 292 034 (SIRET 912 292 034 00028, VAT number FR65912292034), and contactable at andreas@heimdall-gallery.com or on +33 (0)7 68 63 42 66, is hereinafter referred to as the “Gallery”.

These general terms and conditions of sale (the “Terms”) apply to any sale of a work concluded by the Gallery with a consumer or professional buyer (the “Buyer”). They are brought to the Buyer’s attention before any reservation or purchase (quotation or deposit invoice, website, display in the gallery) and appear on every invoice. The Buyer accepts them by reserving or purchasing a work. Any specific conditions written on the invoice take precedence over these Terms.

Each work is described on the invoice in accordance with French Decree No. 81-255 of 3 March 1981 (artist, title, technique, dimensions, date, and numbering for prints and multiples). Original works may display particularities of material, surface or colour that are part of the work and do not constitute a defect; any images provided are for illustrative purposes only. A certificate of authenticity is provided on request.

Prices are stated in euros inclusive of VAT, at the VAT rate shown on the invoice. The price is payable in full on the date shown on the invoice, by bank transfer, bank card, cheque, or cash within the legal limit.

4.1 Setting a work aside is subject to payment of a deposit of 20% of the price including VAT, unless another amount is stated on the deposit invoice. This deposit is deducted from the price.

4.2 The work is reserved in the Buyer’s name as soon as the deposit has been received. The balance is payable no later than the 45th day following receipt of the deposit, unless another date is agreed in writing (up to a maximum of 3 months).

4.3 If the balance is not paid by the due date set out in Article 4.2, the Gallery will send the Buyer a reminder email requesting payment within 8 days. Failing payment within that period, the sale is automatically terminated (Articles 1224 and 1225 of the French Civil Code), the deposit is retained by the Gallery as liquidated damages for having set the work aside (Article 1231-5 of the French Civil Code), and the Gallery is free to resell the work.

4.4 If the Gallery fails to hand over the reserved and fully paid work to the Buyer on the date agreed in writing, except in the event of force majeure (Article 1218 of the French Civil Code), it will refund the sums paid within 14 days.

The Gallery retains ownership of the work until the price has been paid in full. It delivers the work to the Buyer’s address or hands it over at the gallery on the date agreed in writing; risk passes to the Buyer upon handover of the work.

Any late payment automatically gives rise to penalties equal to three times the French statutory interest rate and to a fixed compensation of €40 for recovery costs (Article L. 441-10 of the French Commercial Code).

The Buyer has no right of withdrawal for a purchase concluded at the gallery, at an art fair or at a show, including where the work is subsequently delivered to the Buyer’s home. For a sale concluded at a distance (telephone, email, website) or off-premises (at the Buyer’s home), the consumer Buyer has 14 days from handover of the work to withdraw by notifying the Gallery in writing (Article L. 221-18 of the French Consumer Code); the work must be returned in its original condition and the sums paid will be refunded within 14 days.

The consumer Buyer benefits from the legal guarantee of conformity (Articles L. 217-3 et seq. of the French Consumer Code, 2 years from delivery) and from the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code, 2 years from discovery of the defect).

The purchase of a work does not transfer any copyright. Any reproduction or public communication of the work is prohibited without the prior written consent of the artist or their successors in title.

The Buyer’s data is processed for the purposes of managing the sale and complying with the Gallery’s legal obligations, under the conditions set out in the legal notice of the website www.heimdall-gallery.com. The Buyer may exercise their rights of access, rectification and erasure by writing to andreas@heimdall-gallery.com.

These Terms are governed by French law. Any complaint must first be sent to the Gallery in writing. Failing an amicable settlement, the consumer Buyer may refer the matter, free of charge, to the consumer mediator CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France, via https://www.cm2c.net/declarer-un-litige.php, by email at litiges@cm2c.net, or by telephone on +33 (0)1 89 47 00 14 (Article L. 612-1 of the French Consumer Code). In disputes between professionals, exclusive jurisdiction is conferred on the Commercial Court of Grenoble.