{"id":1521,"date":"2026-06-11T14:35:28","date_gmt":"2026-06-11T12:35:28","guid":{"rendered":"https:\/\/merlinvest.art\/terms-and-conditions-of-sale\/"},"modified":"2026-08-21T12:38:19","modified_gmt":"2026-08-21T10:38:19","slug":"terms-and-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/merlinvest.art\/en\/terms-and-conditions-of-sale\/","title":{"rendered":"Terms and Conditions of Sale"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"1521\" class=\"elementor elementor-1521 elementor-818\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-43618f7 e-flex e-con-boxed e-con e-parent\" data-id=\"43618f7\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-ba23174 elementor-widget elementor-widget-text-editor\" data-id=\"ba23174\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t\t\t\t\t\t<p>Last updated: 20 August 2026<\/p>\n<h2>1. Seller\u2019s details<\/h2>\n<p>These General Terms and Conditions of Sale, hereinafter referred to as the \u2018GTC\u2019, are provided by:<\/p>\n<p>MERLINVEST<br\/>SASU \u2013 Single-member simplified joint-stock company with a share capital of \u20ac5,000<br\/>SIREN: 989 128 616<br\/>SIRET: 989 128 616 00012<br\/>Aix-en-Provence Trade and Companies Register: 989 128 616<br\/>Intra-Community VAT number: FR78 989128616<br\/>Registered office: 1395 avenue de la M\u00e9diterran\u00e9e, 13180 Gignac-la-Nerthe, France<br\/>Email : <a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><br\/>Site web : <a href=\"https:\/\/merlinvest.art\/en\/\">https:\/\/merlinvest.art<\/a><\/p>\n<p>Hereinafter referred to as \u2018MERLINVEST\u2019.<\/p>\n<h2>2. Purpose and scope<\/h2>\n<p>These Terms and Conditions set out the rights and obligations of MERLINVEST and its clients, in particular in relation to:<\/p>\n<ul>\n \t<li>from the sale of original works of art;<\/li>\n \t<li>the sale of collectables, decorative art or contemporary art;<\/li>\n \t<li>the hire or provision of works of art;<\/li>\n \t<li>consultancy services relating to the acquisition, selection, valuation or management of works of art;<\/li>\n \t<li>and related services;<\/li>\n \t<li>and, where available, payment or financing solutions provided either directly or through partners.<\/li>\n<\/ul>\n<p>These terms and conditions apply to orders placed directly with <a href=\"https:\/\/merlinvest.art\/en\/\">MERLINVEST<\/a>, in particular via the website https:\/\/merlinvest.art, by email, by quotation, by purchase order or by any other means agreed between the parties.<\/p>\n<p>Certain provisions of these Terms and Conditions are specific to consumers, that is to say, natural persons acting for purposes outside the scope of their commercial, industrial, craft, professional or agricultural activities.<br\/>The provisions identified as applicable to business customers relate to customers acting in the course of their professional activities.<\/p>\n<p>By placing an order, you acknowledge that you have read and accepted these Terms and Conditions.<\/p>\n<p>Des conditions particuli\u00e8res figurant sur un devis, une proposition commerciale, un bon de commande ou un contrat de location peuvent compl\u00e9ter les pr\u00e9sentes CGV. En cas de contradiction, les conditions particuli\u00e8res express\u00e9ment accept\u00e9es par les parties pr\u00e9valent. <\/p>\n<h2>3. Characteristics of works and products<\/h2>\n<p>MERLINVEST takes the utmost care in presenting the key features of the works offered for sale or to let.<br\/>The information may include, in particular:<\/p>\n<ul>\n \t<li>the artist\u2019s name;<\/li>\n \t<li>the title of the work;<\/li>\n \t<li>its date or period of creation, where known;<\/li>\n \t<li>the techniques and materials used;<\/li>\n \t<li>the dimensions;<\/li>\n \t<li>the original, unique character or, where applicable, the edition number;<\/li>\n \t<li>la pr\u00e9sence d&#8217;une signature ;<\/li>\n \t<li>any information available regarding the origin;<\/li>\n \t<li>the condition of preservation when specific accuracy is required;<\/li>\n \t<li>and, if applicable, information regarding the certificate or document accompanying the work.<\/li>\n<\/ul>\n<h3>3.1 Original Works and Uniqueness<\/h3>\n<p>Many of the works sold by Merlinvest are one-of-a-kind pieces.<br\/>Consequently, replacing them with an exact duplicate may be physically impossible.<\/p>\n<p>If a work has been sold at the same time or, in exceptional cases, is no longer available despite being listed on the website, Merlinvest will notify the customer as soon as possible.<br\/>Any amount paid for the unavailable work will then be refunded, unless the customer expressly agrees to an alternative solution.<\/p>\n<h3>3.2 Photographs and Depictions of Artworks<\/h3>\n<p>Merlinvest takes special care with the photographs and images of the artworks.<br\/>However, differences in perception may arise, in particular:<\/p>\n<ul>\n \t<li>the display settings being used;<\/li>\n \t<li>brightness;<\/li>\n \t<li>shooting conditions;<\/li>\n \t<li>the dimensions of the artwork;<\/li>\n \t<li>the texture of materials;<\/li>\n \t<li>shine, texture, or material effects.<\/li>\n<\/ul>\n<p>These differences in representation do not in and of themselves constitute a lack of conformity when the essential characteristics of the work have been correctly presented to the customer.<\/p>\n<p>When the color, material, or condition of a work is a key factor in the customer\u2019s decision, the customer is encouraged to request additional photographs, a video, or, when possible, an in-person viewing of the work prior to purchase.<\/p>\n<h2>4. Authenticity, Provenance, and Documentation<\/h2>\n<p>Merlinvest provides the customer with the information it has regarding the artist&#8217;s identity, the origin, and the characteristics of the artwork.<br\/>When applicable to the artwork in question, it may be accompanied by:<\/p>\n<ul>\n \t<li>a certificate of authenticity;<\/li>\n \t<li>a document created by the artist;<\/li>\n \t<li>an invoice;<\/li>\n \t<li>documentation regarding its provenance;<\/li>\n \t<li>or any document specifically mentioned in the proposal.<\/li>\n<\/ul>\n<p>The inclusion of a certificate of authenticity is specified in the artwork&#8217;s description or at the time of order, when such a certificate exists.<\/p>\n<h2>5. Availability<\/h2>\n<p>Offers for one-of-a-kind works are valid as long as they remain available.<br\/>A work may also be featured simultaneously:<\/p>\n<ul>\n \t<li>on the website;<\/li>\n \t<li>at the Merlinvest showroom;<\/li>\n \t<li>at an exhibition;<\/li>\n \t<li>at a trade show or event;<\/li>\n \t<li>or through a partner.<\/li>\n<\/ul>\n<p>In the exceptional case of simultaneous orders for the same unique work, priority is given to the first order that has been definitively confirmed in accordance with these Terms and Conditions.<\/p>\n<h2>6. Price<\/h2>\n<p>Prices are listed in euros.<\/p>\n<p>For consumers, the total price, including all taxes, applicable to the transaction is disclosed before the contract is concluded.<br\/>For business customers, prices may be listed exclusive of tax, in which case the applicable VAT is added in accordance with current regulations.<\/p>\n<p>Unless otherwise stated, the prices of the works do not necessarily include:<\/p>\n<ul>\n \t<li>shipping costs;<\/li>\n \t<li>specific packaging costs;<\/li>\n \t<li>specific shipping insurance costs;<\/li>\n \t<li>installation or mounting costs;<\/li>\n \t<li>any customs duties or taxes that may apply to an international shipment.<\/li>\n<\/ul>\n<p>These fees are disclosed to the customer before the order is finalized, when applicable.<br\/>Due to the size, value, or fragility of certain works, shipping may be subject to special rates.<\/p>\n<h2>7. Order<\/h2>\n<h3>7.1 Order placed directly with Merlinvest<\/h3>\n<p>An order may be placed, for example:<\/p>\n<ul>\n \t<li>by accepting a quote;<\/li>\n \t<li>by signing a purchase order;<\/li>\n \t<li>by electronic communication that clearly establishes the parties&#8217; agreement;<\/li>\n \t<li>or through any ordering process available on the website.<\/li>\n<\/ul>\n<p>The customer must verify the details of the work or service, its price, and any additional fees before confirming the order.<\/p>\n<h3>7.2 Order Placed Online<\/h3>\n<p>When an online ordering system is provided, the customer must be able to review the details of their order and correct any errors before final confirmation.<br\/>When the order involves a payment, the confirmation screen is presented in a way that clearly informs the customer that it entails an obligation to pay.<\/p>\n<p>Automatic receipt of an order request does not necessarily constitute definitive confirmation of the availability of a unique work.<br\/>The order is definitively accepted after Merlinvest verifies the availability of the work and sends confirmation.<\/p>\n<h3>7.3 Refusal of an Order<\/h3>\n<p>Merlinvest may refuse or suspend an order for a legitimate reason, including in the following cases:<\/p>\n<ul>\n \t<li>unavailability of the work;<\/li>\n \t<li>payment issue;<\/li>\n \t<li>a previous unresolved dispute;<\/li>\n \t<li>information that is clearly incorrect;<\/li>\n \t<li>suspicion of fraud;<\/li>\n \t<li>the need to comply with legal obligations regarding know-your-customer procedures or the prevention of money laundering and terrorist financing.<\/li>\n<\/ul>\n<h2>8. Payment<\/h2>\n<p>The applicable payment methods and terms are indicated at the time of order, on the quote, or on the invoice.<br\/>Depending on the transaction, payment may be made using the methods offered by Merlinvest at the time of order.<\/p>\n<p>Unless otherwise agreed, payment must be made according to the payment schedule indicated on the estimate, purchase order, or invoice.<\/p>\n<h3>8.1 Down Payment<\/h3>\n<p>When a down payment is expressly provided for in the estimate or purchase order, it constitutes a binding commitment by the parties, subject to applicable legal provisions, including the right of withdrawal, if applicable.<\/p>\n<h3>8.2 Payment by a Third Party or Financing<\/h3>\n<p>When a payment or financing solution is offered by a partner organization, that partner\u2019s specific terms and conditions apply to the financing agreement.<br\/>The sale or rental may be contingent upon final approval of the financing when such a condition is expressly provided for.<\/p>\n<p>Merlinvest cannot guarantee that a financing application will be approved by a third-party organization.<\/p>\n<h2>9. Retention of Title<\/h2>\n<p>Merlinvest retains ownership of the work or product sold until full payment of the price and, where applicable, any related charges owed by the customer.<br\/>This provision does not preclude consumers from benefiting from the statutory rules regarding the transfer of risk.<\/p>\n<h2>10. Delivery<\/h2>\n<p>Delivery terms are determined based on, among other things:<\/p>\n<ul>\n \t<li>the nature of the work;<\/li>\n \t<li>its dimensions;<\/li>\n \t<li>its fragility;<\/li>\n \t<li>of its value;<\/li>\n \t<li>the destination address;<\/li>\n \t<li>and any installation services requested.<\/li>\n<\/ul>\n<p>Delivery may be handled by Merlinvest or by a specialized or general carrier.<\/p>\n<p>The estimated delivery time or date is provided to the customer before the order is finalized.<br>In the absence of a delivery timeframe agreed upon with a consumer, delivery shall be made in accordance with the timeframes set forth in the applicable regulations.<\/p>\n<h3>10.1 Shipping Address<\/h3>\n<p>The customer is responsible for ensuring that the address and other information provided for delivery are accurate and complete.<br\/>The customer must also notify Merlinvest, prior to placing an order, of any issues that could affect the delivery of a bulky item, including:<\/p>\n<ul>\n \t<li>floor;<\/li>\n \t<li>no elevator;<\/li>\n \t<li>insufficient width of access points;<\/li>\n \t<li>parking difficulties;<\/li>\n \t<li>the need for a furniture lift;<\/li>\n \t<li>restricted access;<\/li>\n \t<li>or any other specific constraints.<\/li>\n<\/ul>\n<p>Any additional charges resulting from incorrect or incomplete information may be billed to the customer when such charges are attributable to the customer and have been previously communicated to or accepted by the customer.<\/p>\n<h3>10.2 Acceptance<\/h3>\n<p>Upon receipt, the customer is asked to check the visible condition of the package and, when possible, the artwork.<br\/>In the event of visible damage caused by shipping, we recommend:<\/p>\n<ul>\n \t<li>to take photographs;<\/li>\n \t<li>to file specific claims with the carrier;<\/li>\n \t<li>and to notify Merlinvest as soon as possible at <a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a>.<\/li>\n<\/ul>\n<p>These recommendations do not deprive consumers of their legal rights.<\/p>\n<h3>10.3 Transfer of Risk to the Consumer<\/h3>\n<p>When the customer is a consumer, the risk of loss or damage passes to the customer when the customer physically takes possession of the goods, or when a third party designated by the customer takes possession of them.<br\/>If the consumer chooses a carrier on their own that was not proposed by Merlinvest, the specific legal provisions applicable to the transfer of risk remain in effect.<\/p>\n<h2>11. International Shipments<\/h2>\n<p>Some works can be shipped internationally, subject to feasibility.<br>Possible candidates:<\/p>\n<ul>\n \t<li>customs duties;<\/li>\n \t<li>import taxes;<\/li>\n \t<li>administrative procedures;<\/li>\n \t<li>permissions;<\/li>\n \t<li>costs related to local regulations,<\/li>\n<\/ul>\n<p>may be the customer&#8217;s responsibility when required by applicable regulations.<br\/>The relevant terms and conditions are specified prior to placing an order, as necessary.<\/p>\n<p>Certain works of art or cultural property may be subject to specific export or import regulations.<br\/>The completion of the transaction is therefore contingent upon obtaining the legally required authorizations.<\/p>\n<h2>12. Consumers&#8217; Right of Withdrawal<\/h2>\n<h3>12.1 Principle<\/h3>\n<p>When a contract is entered into remotely between Merlinvest and a consumer\u2014such as via the Internet, telephone, or email\u2014the consumer has, barring any legal exceptions, a period of 14 days to exercise the right of withdrawal without having to provide a reason for the decision.<\/p>\n<p>For the sale of a work or item, this period begins upon receipt of the item by the consumer or by a third party designated by the consumer, other than the carrier.<br\/>For the provision of services, the period generally begins upon the conclusion of the contract.<\/p>\n<h3>12.2 Exercising the Right of Withdrawal<\/h3>\n<p>The consumer may exercise their right of withdrawal:<\/p>\n<ul>\n \t<li>using the form provided at the end of these Terms and Conditions;<\/li>\n \t<li>or by any clear and unambiguous statement expressing the intention to withdraw.<\/li>\n<\/ul>\n<p>The request can be sent to:<br\/><a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><\/p>\n<p>or by mail to:<br\/>Merlinvest<br\/>1395 avenue de la M\u00e9diterran\u00e9e<br\/>13180 Gignac-la-Nerthe<br\/>France<\/p>\n<p>The decision to withdraw must be submitted before the statutory deadline expires.<\/p>\n<h3>12.3 Return of the Work<\/h3>\n<p>After notifying Merlinvest of their decision to cancel, the consumer has 14 days to return or ship the work.<br\/>Unless otherwise expressly provided by Merlinvest, the consumer is responsible for the direct costs of return shipping.<\/p>\n<p>Given the nature, size, value, or fragility of certain works, they may not be able to be returned normally by mail.<br\/>In such cases, the cost of return shipping or a reasonable estimate thereof is provided to the consumer prior to the conclusion of the contract, in accordance with applicable regulations.<\/p>\n<p>The consumer must take all reasonable precautions necessary to ensure the protection of the item during its return.<br\/>The consumer may be held liable for any depreciation in the value of the item resulting from handling other than that necessary to determine its nature, characteristics, and proper functioning.<\/p>\n<h3>12.4 Refunds<\/h3>\n<p>In the event of a valid cancellation, Merlinvest will refund the amounts due in accordance with applicable regulations, including the initial shipping costs corresponding to the standard shipping method offered.<br>Additional charges resulting from the express choice of a delivery method that is more expensive than the standard method offered are not refundable under the terms provided by law.<\/p>\n<p>Merlinvest may delay the refund until the item is recovered or until the consumer provides proof of shipment, whichever occurs first.<\/p>\n<p>Refunds are issued using the same payment method used for the original transaction, unless the consumer expressly agrees to another method that does not incur additional fees.<\/p>\n<h3>12.5 Exceptions<\/h3>\n<p>The right of withdrawal does not apply in the cases provided for by law.<br\/>In particular, it may be excluded for a work or item that has been specially produced according to the customer\u2019s specifications or that is significantly personalized.<\/p>\n<p>When the consumer expressly requests that the performance of a service begin before the expiration of the withdrawal period, the legal rules governing the early performance of the service apply.<br\/>If the service has been fully performed before the end of the withdrawal period, the consumer may lose their right of withdrawal if they have given their prior express consent and acknowledged this consequence, under the conditions set forth in the regulations.<\/p>\n<p>The statutory right of withdrawal applicable to distance sales does not apply in the same way to a purchase made in person at a showroom, gallery, fair, trade show, or other commercial establishment, subject to any legal provisions that may apply to the situation in question.<\/p>\n<h2>13. Standard Withdrawal Form<\/h2>\n<p>Please complete and return this form only if you wish to withdraw from a contract for which the statutory right of withdrawal applies.<\/p>\n<p>Attn:<br\/>Merlinvest<br\/>1395 Avenue de la M\u00e9diterran\u00e9e<br\/>13180 Gignac-la-Nerthe<br\/>France<br\/><a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><\/p>\n<p>I hereby notify you of my withdrawal from the contract for the sale of the property \/ provision of services listed below:<\/p>\n<p>Work, good, or service in question:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Ordered on:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Received on:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Consumer&#8217;s Name:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Consumer&#8217;s address:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Date:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>Consumer&#8217;s signature, only if this form is submitted in paper form:<br\/>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<h2>14. Statutory Warranties Applicable to Consumers<\/h2>\n<p>Merlinvest remains bound by the statutory warranties applicable to goods sold to consumers, including:<\/p>\n<ul>\n \t<li>the statutory warranty of conformity;<\/li>\n \t<li>and the statutory warranty against hidden defects.<\/li>\n<\/ul>\n<p>These warranties apply regardless of any commercial warranties that may have been granted.<\/p>\n<h3>Information Regarding the Legal Warranty of Conformity<\/h3>\n<p>The consumer is covered by the statutory warranty of conformity for two years from the date of delivery of the goods, under the conditions set forth in Articles L.217-1 et seq. of the Consumer Code.<\/p>\n<p>When a lack of conformity is established, the consumer is entitled to the remedies provided by law.<br\/>Depending on the nature of the good and the circumstances, these remedies may include repair or replacement.<\/p>\n<p>In the specific case of a one-of-a-kind work of art, replacement with an identical work may be physically impossible. The other remedies provided for by the regulations\u2014including a price reduction or termination of the contract when the conditions for such remedies are met\u2014remain applicable. <\/p>\n<p>The legal warranty is honored at no cost to the consumer, in accordance with the terms set forth by law.<\/p>\n<p>The consumer is also protected by the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.<\/p>\n<p>To exercise your legal rights:<br\/>Merlinvest<br\/>1395 avenue de la M\u00e9diterran\u00e9e<br\/>13180 Gignac-la-Nerthe<br\/>Email: <a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><\/p>\n<p>These provisions do not limit any of the mandatory rights granted to consumers by law.<\/p>\n<h2>15. Specific Considerations Regarding Works of Art<\/h2>\n<p>Certain characteristics of a work of art result from its creative technique, its materials, or its age.<br>In particular, the following may be inherent to the work:<\/p>\n<ul>\n \t<li>surface irregularities;<\/li>\n \t<li>texture effects;<\/li>\n \t<li>color variations;<\/li>\n \t<li>traces resulting from the creative process;<\/li>\n \t<li>a patina;<\/li>\n \t<li>or certain characteristics that were clearly described prior to the purchase.<\/li>\n<\/ul>\n<p>When such characteristics have been brought to the buyer\u2019s attention prior to the sale and are consistent with the nature or description of the work, they do not in and of themselves constitute a defect.<br\/>This provision does not affect the mandatory statutory warranties to which the consumer is entitled.<\/p>\n<h2>16. Intellectual Property Rights<\/h2>\n<p>The acquisition of a work of art entails the transfer of ownership of the physical medium of the work under the terms set forth in the contract.<br\/>It does not entail any automatic transfer of the artist&#8217;s intellectual property rights.<\/p>\n<p>Unless expressly authorized by the rights holder, the purchaser may not, in particular:<\/p>\n<ul>\n \t<li>reproduce the work;<\/li>\n \t<li>to produce or sell copies of them;<\/li>\n \t<li>use one&#8217;s image for commercial purposes;<\/li>\n \t<li>to modify it when such a modification infringes upon the author&#8217;s rights;<\/li>\n \t<li>or grant a third party the right to use it.<\/li>\n<\/ul>\n<p>The author&#8217;s moral and economic rights continue to be governed by the Intellectual Property Code.<br\/>Photographing a work and publishing it in public or commercial media must respect the artist&#8217;s rights and, where applicable, obtain the necessary authorizations.<\/p>\n<h2>17. Rental and Provision of Works<\/h2>\n<p>When a work is offered for rental or made available, the specific terms and conditions shall include, in particular:<\/p>\n<ul>\n \t<li>the work in question;<\/li>\n \t<li>the rental period;<\/li>\n \t<li>the amount of rent;<\/li>\n \t<li>payment terms;<\/li>\n \t<li>the installation site;<\/li>\n \t<li>any shipping, installation, and return fees;<\/li>\n \t<li>the reference value of the work, when necessary;<\/li>\n \t<li>any security deposit;<\/li>\n \t<li>insurance requirements;<\/li>\n \t<li>and the return policy.<\/li>\n<\/ul>\n<p>The rental does not involve any transfer of ownership.<\/p>\n<h3>17.1 Retention<\/h3>\n<p>Throughout the rental period, the customer agrees to take reasonable care of the artwork and to comply with any specific recommendations provided by Merlinvest.<br\/>In particular, the customer must avoid exposing the artwork to conditions that are clearly likely to damage it, such as:<\/p>\n<ul>\n \t<li>excessive humidity;<\/li>\n \t<li>abnormal heat;<\/li>\n \t<li>exposure that is incompatible with the materials used;<\/li>\n \t<li>risk of impact;<\/li>\n \t<li>improper handling.<\/li>\n<\/ul>\n<h3>17.2 Travel<\/h3>\n<p>When justified by the nature or value of the artwork, its removal from the agreed-upon rental location may be subject to Merlinvest\u2019s prior approval.<br\/>The client may not transfer, sublet, lend, or make a rented artwork available to a third party without prior approval if the rental agreement prohibits such actions.<\/p>\n<h3>17.3 Insurance Claim<\/h3>\n<p>Any loss, theft, damage, or incident affecting a rented work of art must be reported to Merlinvest immediately.<br\/>Liability and any compensation are determined in accordance with the rental agreement, the insurance policies in force, and applicable law.<\/p>\n<h3>17.4 Return<\/h3>\n<p>At the end of the rental period, the artwork must be returned in a condition consistent with normal use, subject to natural aging.<br\/>Any damage attributable to the customer that exceeds normal wear and tear may result in a request for repair or compensation under the terms of the contract and applicable regulations.<\/p>\n<h2>18. Consulting Services<\/h2>\n<p>Merlinvest can provide consulting services related to, among other things:<\/p>\n<ul>\n \t<li>the selection of works;<\/li>\n \t<li>the acquisition;<\/li>\n \t<li>the creation or development of a collection;<\/li>\n \t<li>the incorporation of works into a private or professional space;<\/li>\n \t<li>the promotion or management of a collection;<\/li>\n \t<li>or the economic and financial terms of an acquisition.<\/li>\n<\/ul>\n<p>Unless expressly agreed otherwise, these services constitute an obligation of means.<br\/>Merlinvest does not guarantee, in particular:<\/p>\n<ul>\n \t<li>nor the future trend in an artist&#8217;s market value;<\/li>\n \t<li>nor the increase in the value of a work;<\/li>\n \t<li>nor its future resale price;<\/li>\n \t<li>nor the continued existence of a market for its resale;<\/li>\n \t<li>nor a specific financial return.<\/li>\n<\/ul>\n<p>A work of art should therefore not be considered an investment whose return or liquidity is guaranteed by Merlinvest.<\/p>\n<h2>19. Tax and Financial Information<\/h2>\n<p>General information may be provided regarding tax, accounting, or financial provisions that may apply to the acquisition or rental of works of art.<br\/>This information is provided for general purposes only and does not constitute individualized legal, tax, or accounting advice.<\/p>\n<p>The applicability of a tax system depends, among other things, on:<\/p>\n<ul>\n \t<li>the client&#8217;s situation;<\/li>\n \t<li>of his status;<\/li>\n \t<li>the nature of the work;<\/li>\n \t<li>of the artist in question;<\/li>\n \t<li>the terms of acquisition;<\/li>\n \t<li>the intended use and potential exposure of the work;<\/li>\n \t<li>and the laws in effect at the time of the transaction.<\/li>\n<\/ul>\n<p>It is the client\u2019s responsibility to have their situation reviewed, if necessary, by their certified public accountant, attorney, tax advisor, or any other qualified professional.<br\/>Merlinvest therefore does not guarantee any specific tax benefits beyond those expressly committed to and the applicable legal provisions.<\/p>\n<h2>20. Combating Money Laundering and Terrorist Financing<\/h2>\n<p>As a professional operating in the art market, Merlinvest may be subject to legal obligations related to the fight against money laundering and terrorist financing.<\/p>\n<p>Merlinvest may, in particular, need to ask the client:<\/p>\n<ul>\n \t<li>proof of identity;<\/li>\n \t<li>information regarding his or her identity or that of the beneficial owner of a transaction;<\/li>\n \t<li>information regarding the source of the funds;<\/li>\n \t<li>supporting documents related to the transaction;<\/li>\n \t<li>or any other document necessary to comply with its regulatory obligations.<\/li>\n<\/ul>\n<p>These controls may apply, in particular, to transactions or related series of transactions that reach the thresholds set forth in the regulations, notably \u20ac10,000 for certain transactions in the art market.<\/p>\n<p>Merlinvest may suspend or refuse a transaction when the legally required verifications cannot be performed or when regulations prohibit it from carrying out the transaction.<\/p>\n<h2>21. Liability<\/h2>\n<p>Merlinvest is liable for the performance of its obligations in accordance with applicable law.<br\/>However, it shall not be held liable for any damages resulting exclusively from:<\/p>\n<ul>\n \t<li>improper use or storage of the work by the customer;<\/li>\n \t<li>failure to comply with the specific recommendations communicated to it;<\/li>\n \t<li>an intervention or modification made without authorization;<\/li>\n \t<li>or an event for which he is not responsible under the conditions provided by law.<\/li>\n<\/ul>\n<p>No provision of these Terms and Conditions shall exclude or limit any right or liability that cannot legally be subject to such a limitation.<\/p>\n<h2>22. Force Majeure<\/h2>\n<p>Neither party may be held liable for a breach resulting from an event that constitutes a force majeure event as defined in Article 1218 of the Civil Code and in French case law.<\/p>\n<p>If the impediment is temporary, performance of the obligation in question may be suspended for the duration of the event.<br\/>If the impediment is permanent, the consequences for the contract are those provided for by applicable regulations.<\/p>\n<h2>23. Specific Terms and Conditions Applicable to Professionals<\/h2>\n<p>The provisions of this article apply only to business customers.<\/p>\n<h3>23.1 Payment Terms<\/h3>\n<p>Unless otherwise specified in the quote, purchase order, or invoice, payment is due on the date agreed upon between Merlinvest and the business customer, within the limits set forth by applicable regulations.<\/p>\n<h3>23.2 Late Payment<\/h3>\n<p>Any amount not paid by its due date shall, automatically and without the need for a reminder, the application of late-payment penalties calculated based on the applicable semiannual refinancing rate of the European Central Bank, plus ten percentage points, in accordance with Article L.441-10 of the French Commercial Code.<br\/>In any event, the rate applied may not be lower than the statutory minimum.<\/p>\n<p>A flat-rate fee of \u20ac40 for collection costs is also automatically due for each invoice paid after its due date.<br\/>If the actual collection costs incurred exceed this fee, Merlinvest may request additional compensation, subject to providing supporting documentation, in accordance with the terms provided by law.<\/p>\n<h3>23.3 Discount<\/h3>\n<p>Unless otherwise specified in the estimate or invoice, no discount is granted for early payment.<\/p>\n<h2>24. Personal Information<\/h2>\n<p>Personal data collected in connection with orders and the business relationship is processed in accordance with Merlinvest&#8217;s <a href=\"https:\/\/merlinvest.art\/en\/privacy-policy\/\">privacy policy<\/a>, available at:<br\/><a href=\"https:\/\/merlinvest.art\/en\/\">https:\/\/merlinvest.art<\/a><\/p>\n<p>For any questions regarding personal data:<br\/><a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><\/p>\n<h2>25. Complaint<\/h2>\n<p>In the event of any issues regarding an order, a work of art, a rental, or a service, the customer is asked to contact Merlinvest first to seek an amicable resolution:<\/p>\n<p>MERLINVEST<br\/>1395 Avenue de la M\u00e9diterran\u00e9e<br\/>13180 Gignac-la-Nerthe<br\/>France<br\/>Email: <a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><\/p>\n<h2>26. Consumer Mediation<\/h2>\n<p>After submitting a prior written complaint to Merlinvest and if no satisfactory amicable resolution is reached, any consumer may file a complaint free of charge with the consumer ombudsman with jurisdiction over Merlinvest, in accordance with the provisions of the Consumer Code.<\/p>\n<p>Consumer Ombudsman:<br\/>[TO BE COMPLETED AFTER MERLINVEST JOINS A LISTED OMBUDSMAN]<br\/>Address: [TO BE COMPLETED]<br\/>Website: [TO BE COMPLETED]<\/p>\n<p>The requirements for filing a complaint are outlined on the website of the relevant mediator.<\/p>\n<h2>27. Governing Law<\/h2>\n<p>These Terms and Conditions are governed by French law.<br\/>For consumers residing in another European Union member state, this provision does not deprive them of the protection afforded by the mandatory provisions of the law of their country of residence, where applicable.<\/p>\n<h2>28. Disputes<\/h2>\n<p>In the event of a dispute, the parties are encouraged to first seek an amicable resolution.<\/p>\n<p>For consumers, the statutory rules governing jurisdiction apply.<br\/>For disputes between Merlinvest and a business customer, and subject to applicable mandatory rules, express jurisdiction is conferred upon the competent courts in the jurisdiction where Merlinvest\u2019s registered office is located, including in cases involving multiple defendants or third-party claims.<\/p>\n<h2>29. Changes to the Terms and Conditions<\/h2>\n<p>Merlinvest may amend these Terms and Conditions, in particular to take into account:<\/p>\n<ul>\n \t<li>changes in its business;<\/li>\n \t<li>a change in the services offered;<\/li>\n \t<li>regulatory changes;<\/li>\n \t<li>or a technical update to the site.<\/li>\n<\/ul>\n<p>The Terms and Conditions applicable to an order are those accepted by the customer at the time the order is placed.<\/p>\n<h2>30. Partial Invalidity<\/h2>\n<p>If any provision of these Terms and Conditions were to be declared invalid, illegal, or unenforceable, the remaining provisions would remain in effect to the fullest extent permitted by law.<\/p>\n<h2>31. Contact<\/h2>\n<p>If you have any questions regarding these General Terms and Conditions of Sale:<\/p>\n<p>Merlinvest<br\/>SASU with capital of \u20ac5,000<br\/>SIREN: 989 128 616<br\/>SIRET: 989 128 616 00012<br\/>Aix-en-Provence Trade and Companies Register: 989 128 616<br\/>Intra-Community VAT Number: FR78 989128616<br\/>1395 avenue de la M\u00e9diterran\u00e9e<br\/>13180 Gignac-la-Nerthe<br\/>France<br\/>Email: <a href=\"mailto:contact@merlinvest.art\">contact@merlinvest.art<\/a><br\/>Website: <a href=\"https:\/\/merlinvest.art\/en\/\">https:\/\/merlinvest.art<\/a><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>Last updated: 20 August 2026 1. Seller\u2019s details These General Terms and Conditions of Sale, hereinafter referred to as the \u2018GTC\u2019, are provided by: MERLINVESTSASU \u2013 Single-member simplified joint-stock company with a share capital of \u20ac5,000SIREN: 989 128 616SIRET: 989 128 616 00012Aix-en-Provence Trade and Companies Register: 989 128 616Intra-Community VAT number: FR78 989128616Registered office: [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1521","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/pages\/1521","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/comments?post=1521"}],"version-history":[{"count":0,"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/pages\/1521\/revisions"}],"wp:attachment":[{"href":"https:\/\/merlinvest.art\/en\/wp-json\/wp\/v2\/media?parent=1521"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}