General terms and conditions of sale

Here are described A) the conditions of sale of the products on the site, B) those for customised paintings and C) those for illustrations in the fields of publishing, concept art etc...

Last update 30/05/2025

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A) General Terms and Conditions of Sale for the Online Shop

1. Preamble

These general terms and conditions of sale govern the contractual relationship between Marie L., owner of the website arbredelanuit.fr, and any individual placing an order on the website.

2. Products

2.1. The original paintings offered for sale are described and presented as accurately as possible. However, variations in colour and details may occur due to differences in screen display.

2.2. Product prices are listed in euros. Shipping costs are included for small formats / light parcels internationally; for France, all shipping costs are included regardless of format.

3. Orders

3.1. To place an order, the buyer must follow the online ordering process and provide the required information.

3.2. Once the order is placed, a confirmation email will be sent to the buyer, summarising the order details.

3.3. The seller reserves the right to refuse any order in the event of a dispute with the buyer, previous payment issues, or any other legitimate reason.

4. Prices and Payment

4.1. The prices of the products are those indicated on the website at the time of ordering. Prices may be subject to change on the website without notice.

4.2. Payment can be made using the methods accepted on the site at the time of purchase (bank card, Stripe, PayPal, etc.).

5. Delivery

5.1. Delivery costs (except for France and small formats) are the responsibility of the buyer and vary depending on the destination and weight of the products.

5.2. Orders are shipped within 2 to 5 working days. Delivery times are generally estimated at between 2 to 5 working days and may vary depending on the destination and transport conditions (1 to 2 weeks for the USA). The seller will endeavour to respect these deadlines but cannot be held responsible for delays beyond their control.

5.3. The delivery methods offered on the site include tracked registered letters or parcels depending on weight and include a tracking number (to be used on https://www.laposte.fr). Note: the Laposte “ad valorem” option is automatically included in the prices to protect your parcel in case of loss. The tracking number may not function in certain countries.

Extract from Laposte.fr:

Registered letters are tracked end-to-end in 35 destinations: Albania, Germany, Austria, Belgium, Canada, South Korea, Denmark, Spain, Estonia, United States, Finland, Greece, Hong Kong, Hungary, Ireland, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Mali, Malta, Morocco, Mexico, Norway, Netherlands, Poland, Portugal, Qatar, Romania, United Kingdom, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Thailand, Togo, Turkey (non-exhaustive list subject to change throughout the year).

For other countries:

La Poste ensures delivery up to the border. Beyond that, the parcel is handled and under the responsibility of the local operator, whose tracking may vary. Registered delivery ensures your order is insured in most cases.

5.4. The seller cannot be held responsible for any damage caused during delivery by postal services (La Poste or other carriers depending on the destination country), or for the loss of the parcel. However, if you notice a problem upon delivery, please do not open the package and immediately contact the delivery company to file a claim. Also inform the seller so they can follow up with the carrier and issue a refund if covered by Laposte conditions.

6. Right of Withdrawal

6.1. In accordance with current legislation, the buyer has a period of 14 days from the receipt of the product to exercise their right of withdrawal.

6.2. To do so, the buyer must notify the seller in writing (marie@arbredelanuit.fr) and return the product in its original condition, along with all accessories. Return shipping costs are the responsibility of the buyer. In the event of loss of the return parcel, no refund will be issued. Please return the parcel via a post office only – not through parcel shops or lockers.

6.3. Only the price of an item returned in brand new condition will be refunded. Custom orders made to the buyer’s specifications are not eligible for withdrawal, in accordance with Article L.121-20-2 of the French Consumer Code, and cannot be refunded.

7. Intellectual Property

7.1. The illustrations, paintings, photographs and music on the site remain the intellectual property of Marie Lagrange.

7.2. Any reproduction, use or distribution of the products for commercial or personal purposes is prohibited without prior authorisation from Marie Lagrange and will be considered as infringement, subject to prosecution under Articles L.335-2 and following of the French Intellectual Property Code.

8. Disputes

8.1. In the event of a dispute, both parties will strive to reach an amicable resolution. Failing that, the matter will be referred to the competent courts.

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B) Terms of Sale for Commissioned Paintings

1. Purpose

These terms govern the creation and purchase of “commissioned paintings” offered by Marie Lagrange (the "Artist") via the website arbredelanuit.fr / marie@arbredelanuit.fr

2. Order and Creative Process

2.1. The process begins with the client submitting a request for a quote.

2.2. The client must provide project details, including, if possible, the dimensions, subject, preferred colours, and any other relevant information.

2.3. The Artist will provide a detailed quote including the total price, estimated delivery time and any specific terms.

2.4. The order will only be confirmed upon written acceptance of the quote by the client and payment of a 30% to 50% deposit, depending on the nature of the project.

3. Pricing and Payment

3.1. The total price of the commissioned painting is as specified in the approved quote.

3.2. The deposit can be paid using the payment methods accepted by the Artist (PayPal, bank transfer, cheque handed in person). The remaining balance is due just before the painting is shipped.

4. Realisation and Timelines

4.1. The Artist undertakes to create the painting in accordance with the specifications agreed with the client.

4.2. Estimated completion times will be included in the quote. However, delays may occur due to circumstances beyond the Artist's control.

5. Approval and Amendments

5.1. A preparatory sketch or photo of the work in progress will be provided to the client for approval if this was requested.

5.2. The client may request changes during the sketch and early painting phases, subject to mutual agreement on the adjustments and any resulting impact on deadlines or pricing.

6. Delivery

6.1. Once the painting is completed and the final payment received, the Artist will ship the artwork according to the agreed terms.

6.2. Shipping costs will be covered by the client and are included in the total price.

7. Intellectual Property

7.1. The Artist retains the intellectual property rights to the commissioned painting, unless otherwise agreed.

8. Cancellation

8.1. If the client cancels the order after the work has begun, the deposit will not be refunded due to the customised nature of the painting.

8.2. If the Artist cancels the commission due to reasons beyond their control, the deposit will be refunded to the client.

9. Disputes

9.1. In case of dispute, the parties will attempt an amicable resolution. If this fails, the competent courts will be consulted.

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C) Terms of Sale for Illustration Work for Publishing, Advertising and Concept Art

1. Purpose

These terms define the conditions for the creation and purchase of illustrations (the "Works") by Marie Lagrange (the "Artist") for use in publishing, advertising, concept art, etc.

2. Order and Creative Process

2.1. The client must submit a quote request, providing full details of the project, technical specifications, format, purpose of the illustration, deadlines and any other relevant elements.

2.2. The Artist will provide a detailed quote including total price, estimated delivery time and any specific conditions.

2.3. The order will be confirmed only after the client’s written acceptance of the quote and a 30% to 50% deposit, depending on the project.

3. Pricing and Payment

3.1. The total price of the Work is defined in the Artist’s quote.

3.2. The deposit can be paid using the methods accepted by the Artist. The balance is due just before delivery of the final Work.

4. Creation and Approval

4.1. The Artist commits to creating the Work in accordance with the specifications agreed with the client.

4.2. The Artist will provide samples or sketches for approval as the work progresses.

4.3. The client may request modifications during the sketch and early painting stages, subject to mutual agreement on the changes and their possible impact on timing and cost.

5. Delivery and Usage Rights

5.1. Once the Work is completed and full payment received, the Artist will deliver the Work as agreed.

5.2. Usage rights for the Work will be defined in a separate contract specifying authorised fields of use and any restrictions.

6. Intellectual Property

6.1. The Artist retains copyright and intellectual property rights to the Work, unless otherwise agreed and outlined in the copyright agreement.

7. Cancellation

7.1. If the client cancels the order after the work has begun, the deposit will not be refunded due to the personalised nature of the Work.

7.2. If the Artist cancels the order due to reasons beyond their control, the deposit will be refunded to the client.

8. Disputes

8.1. In case of dispute, the parties will attempt an amicable settlement. Failing that, the competent courts shall have jurisdiction.

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