General Terms and Conditions of Sale (GTCS)

These general terms and conditions of sale (the "General Conditions") apply to the sale of any Artwork by Loïc Martin, residing at Rue du Petit-Rocher 4, 1003 Lausanne, Switzerland (hereinafter referred to as "the Seller"), whether the sale takes place on his premises, remotely, or off-site.

The term "Buyer" refers to any individual or legal entity, acting as either a professional or non-professional, for their own account or on behalf of a third party, acquiring one or more Artworks (hereinafter referred to as the "Artwork") from any artist (hereinafter referred to as the "Artist").

The Seller and the Buyer are collectively referred to as "the Parties" or individually as "a Party."

These General Conditions are attached to the invoice (and any subsequent invoices) which constitutes the contractual instrument of the sale concluded between the Parties (hereinafter referred to as "the Sale"). In case of contradiction between these General Conditions and the mentions in the invoice, the latter shall prevail.

The Buyer and the Seller agree to be bound by the General Conditions. The Buyer must read and understand these General Conditions before proceeding with the transaction. By expressing consent to the Sale, the Buyer is deemed to have read, understood, and accepted the General Conditions. However, if the Parties sign a specific sales contract outlining the terms of the Buyer’s acquisition of the artwork, that specific contract shall prevail over these General Conditions.

  1. SALE OF THE ARTWORK The Seller agrees to sell the Artwork to the Buyer, and the Buyer agrees to purchase the Artwork subject to compliance with these General Conditions. Any sale of an Artwork requires the prior issuance of a pro forma invoice (hereinafter referred to as "the Invoice"). The sale becomes final only after full payment of the price of the Artwork.

  2. CONDITION OF THE ARTWORK The Artwork is sold in its current condition at the time of Sale, with any potential imperfections and defects. The Buyer is responsible for examining the Artwork prior to Sale and inquiring with the Seller about its characteristics.

  3. WARRANTIES AND REPRESENTATIONS OF THE SELLER The Seller warrants that he complies with all applicable laws in Switzerland and that he has the right to sell the Artwork.

  4. WARRANTIES AND REPRESENTATIONS OF THE BUYER The Buyer declares that the informations provided to the Seller are accurate and that he complies with all applicable laws, including tax laws.

  5. PRICE OF THE ARTWORK The price is that mentioned on the Invoice. Unless otherwise stated, the price is in CHF, all Swiss taxes included. Packaging and all delivery costs are the responsibility of the Buyer.

  6. TAXATION The Buyer is responsible for the payment of all taxes related to the acquisition and delivery of the Artwork

  7. PAYMENT Unless otherwise stated, payment must be made within 15 days of receipt of the Invoice by bank transfer.

  8. RESOLUTION OF THE SALE In case of failure to comply with payment obligations by the Buyer, the Sale may be resolved without prior notice. The Seller will notify the Buyer of the resolution in writing.

  9. RESERVATION OF TITLE Ownership of the Artwork will only be transferred to the Buyer after full payment of the price and past the 14 days right of withdrawal.

  10. DELIVERY OF THE ARTWORK The Artwork is delivered by the Seller to the Buyer either by direct handover or by transport. Delivery costs are the responsibility of the Buyer.

  11. INTELLECTUAL PROPERTY Only the physical ownership of the Artwork is transferred to the Buyer. No intellectual property rights are ceded.

  12. LIMITATION OF LIABILITY The Seller's liability is limited to the amount of the price of the Artwork.

  13. RIGHT OF WITHDRAWAL The Buyer has a right of withdrawal of 14 days from the receipt of the Artwork. Before or at the deadline, if the Buyer want to withdrawal, he has to return the Artwork to the Seller in his original state, at his own costs and with an insurance covering the full price of the Artwork mentioned in the invoice.

  14. FORCE MAJEURE No Party shall be liable in the event of force majeure.

  15. DISPUTE RESOLUTION The Parties favor amicable resolution of disputes. In case of failure, the competent court in Lausanne shall be designated.

  16. GOVERNING LAW These General Conditions are governed by Swiss law.