General terms and conditions of sale
Here are described A) the conditions of sale of the products on the site, B) those for personalised paintings and C) those for illustrations in the fields of publishing, concept art etc...
Last updated on 07/09/2023
A) Conditions Générales de Vente de la boutique en ligne
1. Preamble
The present general conditions of sale govern the contractual relations between Marie L., owner of the site arbredelanuit.fr, and any person making a purchase on the site.
2. Products
2.1. The printed illustrations and original paintings offered for sale are described and presented as accurately as possible. However, variations in colour and detail may occur due to differences in screen displays.
2.2. Product prices are quoted in euros (or US dollars depending on your country) and do not include delivery charges.
3. Controls
3.1. To place an order, the buyer must follow the online ordering process and provide the required information.
3.2. Once the order has been placed, a confirmation e-mail will be sent to the buyer, summarising the details of the order.
3.3. The seller reserves the right to refuse any order in the event of a dispute with the buyer, a previous payment problem or for any other legitimate reason.
4. Prices and payment
4.1. The prices of the products are those indicated on the site at the time the order is placed. Prices are subject to change over time on the site without notice.
4.2. Payments may be made using the payment methods accepted on the site at the time of ordering.
5. Delivery
5.1. Delivery costs are payable by the purchaser and vary according to the destination and size of the products.
5.2. Orders are dispatched within 2 to 5 working days. Delivery times are generally estimated at between 2 and 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 meet these delivery times, but cannot be held responsible for delays beyond its control.
5.3. The delivery method offered on the site has a tracking number (to be entered on https://www.laposte.fr/outils/suivre-vos-envois); it is possible that the tracking number does not work in certain countries. The seller cannot be held responsible for any damage caused during delivery by the postal services (La Poste or any other carrier depending on the country of destination), or for the loss of the parcel. However, if you notice a problem on receipt, please do not open the package and contact the delivery company as soon as possible to make a complaint. Please also contact the seller so that he can relay the information to the delivery company.
6. Right of Withdrawal
6.1. In accordance with current legislation, the purchaser has a period of 14 days from receipt of the product to exercise his/her right of withdrawal.
6.2. To exercise this right, the buyer must inform the seller in writing (marie@arbredelanuit.fr) and return the product in its original condition, accompanied by all accessories.
6.3. Only the price of an item returned in new condition will be refunded. You are responsible for return postage costs. Orders customised to the buyer's specifications and digital downloads are not covered by the right of withdrawal, in accordance with article L.121-20-2 of the French Consumer Code. They cannot therefore be the subject of a request for reimbursement.
7. Intellectual property rights
7.1. The illustrations and paintings sold, the photos and the 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 forbidden without the prior authorisation of Marie Lagrange and will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
8. Disputes
8.1. In the event of a dispute, the parties will endeavour to reach an amicable settlement. Failing this, the matter will be referred to the competent courts.
B) Sales conditions for customised paintings
1. Subject
These conditions of sale govern the terms and conditions for the creation and purchase of personalised paintings offered by Marie Lagrange (the "Creator") via the arbredelanuit.fr / marie@arbredelanuit.fr website.
2. Order and Creation Process
2.1. The process of ordering personalised paintings begins with a request for a quotation from the customer.
2.2. The customer will be required to provide clear and accurate details of the project, including dimensions, subject matter, preferred colours, and any other relevant information.
2.3. The Designer will provide a detailed quotation to the client, including the total price, estimated timescales and any special conditions.
2.4. The order will only be confirmed once the quotation has been accepted in writing by the customer and 50% of the total price has been paid as a deposit.
3. Prices and payment
3.1. The total price of the personalised painting is set in accordance with the quotation provided by the Designer.
3.2. Payment of the deposit may be made using the payment methods accepted by the Designer. The remaining balance will be due before the painting is dispatched.
4. Completion and Deadlines
4.1. The Designer undertakes to produce the personalised painting in accordance with the specifications agreed with the customer.
4.2. The lead times shall be stated in the quotation. However, delays may occur due to circumstances beyond the control of the Designer.
5. Approval and Amendments
5.1. The Designer shall provide the client with a sketch/image of the painting in progress for approval.
5.2. The client may request minor modifications at this stage, subject to mutual agreement on the adjustments and their possible impact on deadlines and price.
6. Delivery
6.1. Once the painting has been completed and the balance of the payment has been received, the Designer will proceed with shipping in accordance with the agreed terms and conditions.
6.2. Delivery costs will be borne by the customer and included in the total price.
7. Intellectual Property
7.1. The Seller retains the intellectual property rights to the personalised painting, unless otherwise agreed.
8. Cancellation
8.1. In the event of cancellation of the order by the customer before the start of the work, the deposit paid will not be reimbursed due to the personalised nature of the painting.
8.2. If the Designer cancels the order for reasons beyond its control, the deposit will be refunded to the customer.
9. Disputes
9.1. In the event of a dispute, the parties shall endeavour to reach an amicable settlement. Failing this, the matter will be referred to the competent courts.
C) Terms and conditions of sale for illustrations for publishing, advertising and concept art
1. Subject
These conditions of sale define the terms and conditions for the production and purchase of illustrations (the "Works") offered by Marie Lagrange (the "Creator") for use in the fields of publishing, advertising, concept art, etc.
2. Order and Creation Process
2.1. The Client shall submit a request for quotation to the Designer, providing full details of the project, including technical specifications, format, purpose of the illustration, deadlines and any other relevant details.
2.2. The Designer will provide a detailed quotation to the Client, including the total price, estimated timescales and any special conditions.
2.3. The order will only be confirmed once the quotation has been accepted in writing by the client and 50% of the total price has been paid as a deposit.
3. Prices and payment
3.1. The total price of the Work is set out in the quotation provided by the Designer.
3.2. Payment of the deposit may be made using the payment methods accepted by the Designer. The remaining balance shall be due before delivery of the final Work.
4. Completion and Approval
4.1. The Designer undertakes to produce the Work in accordance with the specifications agreed with the client.
4.2. The Designer shall provide the client with samples or sketches for approval as the creation progresses.
4.3. The client has the right to request minor changes to the Work during creation, subject to mutual agreement on the adjustments and their possible impact on deadlines and price.
5. Delivery and Rights of Use
5.1. Upon completion of the Work and receipt of final payment, the Designer shall deliver the Work to the customer in accordance with the agreed terms.
5.2. The rights to use the Work shall be set out in a separate contract, specifying the permitted areas of use and any limitations.
6. Intellectual Property Rights
6.1. The Creator retains copyright and intellectual property rights in the Work, unless otherwise agreed.
7. Cancellation
7.1. In the event of cancellation of the order by the customer before the start of production, the deposit paid will not be reimbursed due to the personalised nature of the Work.
7.2. If the Designer cancels the order for reasons beyond its control, the deposit will be refunded to the customer.
8. Disputes
8.1. In the event of a dispute, the parties shall endeavour to reach an amicable settlement. Failing this, the matter will be referred to the competent courts.
