General Terms of Sale. GTS. April 2024
Purpose of GTS.
The general terms of sale of Findart establish the conditions and terms of transactions between sellers and buyers of the site.
These GTS therefore apply without restriction or reservation for all transactions occurring on Findart.
The user will acknowledge after reading these GTS having perfect knowledge of them and after accepting these GTS to comply with them.
These GTS are supplemented by Findart's GTU and by Findart's privacy policy, both accessible via the links on the left on the same page.
These GTS may evolve depending on the evolution of legislation and services offered by the site. Modifications to the GTS are enforceable against users from their online notification.
In case of non-acceptance of the GTS, the user may be denied access to the site services.
When registering on the site as a buyer or seller, the user will be asked to approve these GTS. They can at any time during their navigation on the site, consult them at the bottom of the page in the right column by clicking on the plus button and the legal notices link.
Purpose of Findart site.
Findart is a platform whose main objective is to promote the collection of antique objects.
Findart does not intervene in any way in the execution of sales on the site and cannot be considered, as such, as a stakeholder in the exchanges and agreements made between users. Findart does not in any case have the quality of reseller of products put up for sale on the site.
Price formation.
Product sale prices are indicated by sellers in euros and are understood to include all taxes, it being understood that VAT on antique or second-hand products sold on the site is not recoverable under Article 297a of the CGI.
Product sale prices do not include shipping costs and other costs imposed by the seller, which are the exclusive responsibility of the buyer, in addition to the price displayed on the site.
Shipping costs and other costs imposed by the seller are indicated in the sellers' ads and this depending on the buyer's geographical area and chosen delivery method.
Findart recommends that site sellers offer free shipping from a certain order amount, except for books where the seller will respect the minimum price set by law.
Findart does not intervene in any way in the rates applied by users and does not have any control over their setting, this being the seller's free choice.
Consequently, Findart is not responsible for any modification of the users' pricing policy.
Contract formation between buyer and seller.
Findart allows the connection between users for the sale of products. As such, Findart cannot be held responsible for the choices made by users and the contractual relationships established between them.
Prior to ordering, the buyer must take note of the essential characteristics of the desired product by consulting the seller's ad.
Before validating their order, the buyer must ensure that the product they are ordering corresponds to their desire and that they have read all the clarifications provided by the seller regarding the characteristics of the products, particularly concerning the condition of objects, especially concerning antique objects which present minor defects in used condition.
If the seller's ad does not refer to defects, the object cannot be considered as new, but may have minor usage defects considered as normal with regard to the age and use of the object.
Thus, for a book without mention of defect, the book is deemed to be complete with its pages, but may have foxing spots on the pages.
The seller will bring to the attention of users the defects they observe in good faith.
The buyer is invited to contact the seller directly for any question, clarification or doubt concerning the product or the conditions of the order. In particular, any seller commits to communicating to buyers the general terms of sale applicable to the sale of the concerned products.
The seller acting as a professional assures and guarantees that they respect sale conditions conforming to legal and regulatory prescriptions as well as to these GTU and GTS. They commit to communicating to buyers the general terms of sale applicable to the sale of the concerned products, for example by email.
The buyer and seller set between themselves the execution modalities of product orders. The seller can in particular, under their sole responsibility and subject to respect for applicable legislation, set minimum purchase amounts for free shipping.
The seller commits to validating product orders within a maximum period of 48 hours.
In any case, the seller having published an ad must send a detailed response to the buyer if they cannot ensure the sale of the product.
Findart does not intervene in the modalities of product orders which are the responsibility of users.
Delivery.
The seller is solely responsible for the shipping and delivery of the products they offer.
As such, they commit to providing the buyer with the modalities and delivery times of the products.
From the payment of the order by the buyer, the seller commits to delivering the products in the conditions and times agreed directly with the buyer.
The seller makes their personal affair of the packaging and conditioning of the products they sell.
The seller commits to shipping the products within a maximum period of three days following the date of settlement of the order by the buyer, except prior agreement of the buyer for a longer delivery time.
The seller commits to offering the buyer a delivery method allowing package tracking and, as such, will keep and make available to the buyer any proof. The professional seller will establish an invoice to the buyer meeting legal requirements and designating in particular the product, its quantity, its price, the execution modalities of the right of withdrawal, etc.
The seller can offer hand delivery of their products.
In this case, Findart proposes that no shipping costs apply and declines any responsibility in this hand delivery which is done between users.
More broadly, Findart as a third party to the product order contract, declines any responsibility, particularly in the delivery of products.
The buyer must communicate to the seller a complete and compliant delivery address.
The verification of the address entered by the user escapes the reasonable control of the seller and Findart.
The user is solely responsible for the consequences of a delivery made to a collective or erroneous address and cannot engage the responsibility of the seller or Findart if a third party not authorized were to receive the package in their place.
Depending on the user's delivery address, different tax rules and other costs may apply.
The user outside the European Union may be required to pay customs duties at import when receiving the products.
Findart is not able to control these costs or their amount.
The user will be responsible for paying these taxes and customs duties not included in the initial sale price. It is also up to them to inquire with the customs of their country.
The buyer commits to having a mailbox conforming to postal service recommendations.
Upon receipt of the order, the user commits to verifying the condition of the package, its packaging and its content, it being understood that the transfer of risks of loss or damage occurs at the moment when the buyer or a third party designated by them takes physical possession of the order.
In case of absence of the buyer at the time of delivery of the products, they commit to going to recover the ordered products at the post office or any other place indicated on the notice of passage within the indicated times.
Otherwise, the order will be returned to the seller, shipping costs cannot be refunded to the buyer and reshipping costs may apply.
In the case of delivery of a heavy or bulky product for which the seller could not determine shipping costs, the buyer is invited to contact the seller before their purchase.
Order cancellation and product return.
As a professional, the seller is required to respect all applicable regulations for the sale of products and in particular: commercial law rules, social and tax law, consumer law relating in particular to distance selling, etc.
The seller commits to responding to any question or possible complaint from a buyer within 48 hours following its receipt.
The buyer will make requests, such as complaints, cancellation requests, modification, exercise of the right of withdrawal directly to the concerned seller.
The order cancellation request at the buyer's initiative must be made as soon as possible.
Findart does not intervene in any way in the existing contractual relationships between the buyer and the seller and could not consequently take part in the exchanges undertaken and disputes arising between them relating to any product order.
In any case, the buyer and seller make their best efforts to find an amicable solution to any dispute that may arise between them on the occasion of a product order.
In case of complaint or dispute between a buyer and a seller, Findart reserves the right to suspend user accounts pending resolution.
Any refund made as part of a cancellation or withdrawal procedure will be refunded to the buyer's account.
The seller takes charge of return costs of any product in case of error attributable to them, implementation of a legal guarantee, or any other reason for which the law imposes on them the taking charge of these costs.
For the defense of users' interests and the site's image, Findart reserves the right to intervene for the resolution of any dispute and the seller commits to respecting the solution that will have been found by Findart's intervention.
In the following cases:
- total or partial absence of delivery.
- total or partial delay in delivery.
- delivery or making available total or partial of non-compliant products, total or partial absence of response.
- total or partial absence of processing within a reasonable time of three working days of buyer complaints or any behavior that could harm the buyer.
Findart reserves the right without the seller being able to contest it and according to the case:
- to refund the buyer.
- to open a dispute that blocks the seller's payment until dispute resolution.
Product order payments are credited to the seller at the end of a period set at a minimum of 15 days after receipt of the package by the buyer, to allow the latter to exercise their rights.
21 days after the order is deposited with the delivery provider, the undelivered buyer must declare the non-receipt of the order. This report opens a dispute and allows the sequestration of the amount paid by the buyer.
If after 21 days, the buyer has not reported receipt or non-receipt of the order, Findart will pay the seller.