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Responsibilities and conditions of sale | Renard music

Responsibilities and conditions of sale:

According to French law, the responsibility of the expert is systematically engaged in the exercise of his profession by the drafting of his certificates.

The description of the objects appears on the site where they are presented as well as on the invoice issued at the time of the sale. The translation given from Google, both on the site and on the written documents, is as faithful as possible, but the description written in French is the sole responsibility of the seller.

The items are shipped at the buyer’s expense according to the terms accepted by the latter. (transport, customs clearance, insurance, etc.)

The items are paid for by bank transfers and sent to the buyer after collection, on the date agreed with the buyer.

The sender’s liability ceases as soon as the package is taken over by the carrier and whether insured by the buyer.

In the event of a dispute, the Cusset court has sole jurisdiction.

More generally, the legal framework of the art market, relating to the authenticity of the objects sold and the liability of the seller, is defined by what is known as the Marcus Decree.

It is composed of the following eleven articles:

Article 1

Habitual or occasional sellers of works of art or collectibles or their agents, as well as public or ministerial officers and authorized persons carrying out a public sale by auction must, if the purchaser so requests, deliver an invoice, receipt, sales slip or extract from the minutes of the public sale containing the specifications that they have put forward as to the nature, composition, origin and age of the item sold.

Article 2

The name of a work or object, when it is solely and immediately followed by a reference to a historical period, a century or an era, guarantees the buyer that this work or object was actually produced during the reference period.

When one or more parts of the work or object are subsequently manufactured, the purchaser must be informed.

Article 3

Unless it is accompanied by an express reservation on authenticity, the indication that a work or an object bears the signature or stamp of an artist entails the guarantee that the artist mentioned is one of them. the author.

The same effect attaches to the use of the term “by” or “of” followed by the designation of the author.

The same applies when the name of the artist is immediately followed by the designation or title of the work.

Article 4

The use of the term “attributed to” followed by an artist’s name guarantees that the work or object was executed during the period of production of the artist mentioned and that serious presumptions designate him as the probable author.

Article 5

The use of the terms “workshop of” followed by an artist’s name guarantees that the work was executed in the workshop of the cited master or under his direction.

The mention of a workshop must be followed by an indication of the period in the case of a family workshop having retained the same name over several generations.

Article 6

The use of the terms “school of” followed by an artist’s name guarantees that the author of the work was a student of the master cited, was notoriously influenced by him or benefited from his technique. These terms can only apply to a work executed during the artist’s lifetime or within a period of less than fifty years after his death.

When referring to a specific place, the use of the term “school of” guarantees that the work was executed during the existence of the designated artistic movement, the period of which must be specified and by an artist having participated in this movement.

Article 7

The expressions “in the taste of”, “style”, “manner of”, “genre of”, “after”, “manner of”, do not confer any particular guarantee of identity of artist, date of the work, or school.

Article 8

Any facsimile, over molding, copy or other reproduction of a work of art or collector’s item must be designated as such.

Article 9

Any facsimile, over molding, copy or other reproduction of an original work of art within the meaning of Article 71 of Annex III of the General Tax Code, executed after the date of entry into force of this decree , must be visibly and indelibly marked “Reproduction”.

Article 10

Anyone who contravenes the provisions of Articles 1 and 9 of this decree will be liable to the fines provided for fifth class contraventions.

Article 11

The Keeper of the Seals, Minister of Justice, the Minister of Agriculture and the Minister of Culture and Communication, are each responsible for the execution of this decree, which will be published in the Journal official of the French Republique.

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