Politique d’expédition

Article 1 Delivery
1. The purchased goods will be for the Buyer’s risk from the time of the Agreement’s conclusion. Unless otherwise agreed, the Seller will determine the time and place of delivery. Carriage paid delivery will only be effected if and in so far as this has been agreed between the Seller and the Buyer and this is specified in the invoice or elsewhere.
2. The time of delivery will be considered to be the time at which the purchased items are ready for transportation.
3. The Buyer will be obliged to inspect the supplied goods and the packaging immediately upon delivery for any shortfalls and / or visible damage or to conduct this inspection after notification by the Seller that the goods are at the Buyer’s disposal.
4. Any shortfalls and / or damage to the supplied goods or the packaging discovered upon delivery must be reported on the consignment note, the invoice and / or the shipping documents by or on the instructions of the Buyer and must be confirmed by the carrier, failing which the Buyer will be presumed to have approved of the supplied goods. After that time, no such complaints will be accepted.
5. The Seller will be entitled to deliver in parts (partial deliveries), which it may invoice separately.
6. If the Seller has stated a delivery period, same must be deemed to be indicative. A stated delivery date may therefore never be considered a firm deadline. If a term is exceeded, the Buyer should give the Seller written notice of default.
7. If the Seller requires information from the Buyer in the context of the Agreement’s performance, the delivery period will commence after the Buyer has made such information available to the Seller.
8. If the Buyer fails to take delivery of the goods following the expiry of the delivery time, the goods will be stored at the Buyer’s disposal, at the Buyer’s expense and risk. After the expiry of 30 days, the Seller may freely dispose of the goods, without prejudice to the Buyer’s obligation to pay the purchase price or any similar obligations.
9. If the purchase involves an on-call order, the Buyer will be obliged to order the purchased goods within the time limit set for that purpose. If the goods have not been ordered within the said time limit, the Seller will automatically be entitled to deliver the goods not ordered to the Buyer.
10. The Seller will be entitled to deliver the goods with payment on delivery.
11. The Seller will be entitled, but not obliged, to insure the purchased goods on behalf and for the account of the Buyer.

Article 2 Transport / risk
1. The risk with respect to the loss of or damage to the products that are the subject of the Agreement will pass to the Buyer at the point in time at which same products are legally and / or factually delivered to the Buyer and therefore come under the Buyer’s control or under the control of a third party designated by the Buyer.
2. If the Seller is to provide for the transport or storage of the products that are the subject of the Agreement, this will be fully at the Buyer’s expense and risk.
3. If the Seller has not received any further instructions from the Buyer, the manner of transport, dispatch, packaging and such will be determined by the Seller with due care and in accordance with principles of sound commercial practice. Unless otherwise agreed, the Buyer will assume all risks, including the risk of any negligence or omission on the carrier’s part.
4. Any specific wishes of the Buyer regarding the transport / dispatch will be performed only if the Buyer has declared that it will bear the corresponding additional costs.
5. The Seller will be entitled to charge an amount for sustainable packaging materials, which amount will be specified in the invoice. If the Seller charges the Buyer such an amount, the amount will be set off following return of the packaging materials in good condition.

Article 3 Force majeure
1. The parties will not be obliged to fulfil any obligation if they are prevented from doing so due to a circumstance which cannot be attributed to gross negligence or an intentional act or omission on the part of the party that is invoking that circumstance, and which is not for that party’s account pursuant to the law, a juristic act or generally prevailing opinion.
2. In these General Terms and Conditions, the term ‘force majeure’ must be understood to mean, in addition to its meaning according to the law and in case law, all external causes, foreseen or unforeseen, which the Seller cannot influence, such as tailbacks, computer failures, power failures, import and export impediments, acts of God, illness among staff and delays in supplies by suppliers, as a result of which the Seller is unable to perform its obligations. This will include strikes at the Seller’s company and at the auction house.
3. In the event that the Seller is of the opinion that the situation of force majeure will be of a temporary nature, the Seller will be entitled to suspend performance of the Agreement until the situation of force majeure has ceased to exist.
4. If, in the Seller’s opinion, the situation of force majeure is of a permanent nature, it will be entitled to dissolve the Agreement without being obliged to pay any damages.
5. The Seller will be entitled to demand payment of the performances delivered in the performance of the relevant Agreement before the situation of force majeure first occurred.
6. The party that believes that it is or will find itself in a situation of force majeure must so inform the other party immediately.