General Terms and Conditions
General Conditions of Catherine Nuville - RG Sketches, Illustrator – SIRET 883 747 396 000 17 NAF 9003A - 9 rue Pierre Demours, Paris 17ème.
The general conditions described below detail the rights and obligations of the artist, Catherine Nuville, and the client within the framework of the proposed services: orders of personalized portraits.
Catherine Nuville produces, reproduces and sells her own works and guarantees the authenticity of her original works or reproduced by her services or by a duly mandated third party. The signature of the work is proof of this. It is agreed in all cases that the artist remains fully and unconditionally the owner of his copyright.
Article 1 - Acceptance and Scope of Application
All orders imply the buyer's unreserved acceptance and full and complete adherence to these general terms and conditions of sale, which prevail over any other document, except in the case of negotiation of conditions between the parties.
The buyer is responsible for the rights of use of the photos or documents communicated to the artist for the realization of personalized orders.
Article 2 - Prices
2.1 - Prices definitions
Each order will be the subject of a personalized estimate established by the artist on the basis of the photos and the expectations of the client. It will be calculated by the artist according to the estimated working time. The following will be taken into account: the format, the number of faces to be drawn, the framing (full body or faces only), the complexity of details, the importance of the modifications compared to the model photos (addition or deletion of elements), and the quality (resolution and exposure) of the model photos.
2.2 - Shipping costs
Packing and shipping costs will be included in the estimate established by the artist.
2.3 - Import costs
In case of an order to a country other than metropolitan France, the customer is the importer of the work(s) concerned. For all works shipped outside the European Union and French Overseas Departments and Territories, customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the artist. They will be the responsibility of the buyer and are his entire responsibility both in terms of declarations and payments to the authorities and competent bodies of the buyer’s country.
The artist reserves the right to modify his prices at any time but undertakes to apply the current rates indicated at the time of the order.
Article 3 - Order
3.1 - Order validation
All orders must be confirmed by acceptance of the quote in writing and payment of the deposit (50% of the order amount).
For minors the signature of the legal representative is required.
The quotation will specify the deadline for completion and the terms of payment.
3.2 - Modification of the order
The terms of the orders transmitted by the artist are irrevocable for the client, unless he accepts them. In this hypothesis, the artist will not be bound to respect the deadlines initially agreed upon.
3.3 - Validity of the quote
Any quote previously established will be valid for a period of 60 days.
Article 4 - Invoicing
All purchases will be invoiced as soon as the sale is completed, in accordance with the provisions of Article L.441-3 of the French Commercial Code.
The invoice issued will include all the products or services provided.
Article 5 - Payment
Payments must be made in accordance with the deadlines.
They will be made either :
- by Paypal
- by bank transfer, stipulating the invoice number
They must imperatively be made before the shipment of the order.
Online payment transactions are certified and fully secure.
Article 6 - Delivery
6.1- Completion time
The time of realization will be indicated before the payment of the order. A delay will not give rise to any compensation.
6.3 - Terms of delivery
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package ...). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the vendor as a whole and in its original packaging, by registered Colissimo, to the address provided by the vendor.
Under no circumstances can the artist be held responsible for loss or damage by postal services or carriers.
Article 7 - Right of retraction
In accordance with Article 121-20-2 of the Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. The customer ordering a personalized design will not be able to avail himself of any right of withdrawal.
Article 8 - Force majeure
The occurrence of a case of force majeure has the effect of suspending the performance of the contractual obligations of the parties.
Is a case of force majeure, any event beyond the artist's control that hinders the normal operation of his activity at the stage of manufacturing or shipping of goods.
Force majeure includes, in particular, strikes or blockages of means of transport, energy or raw materials supply and any unforeseeable and uncontrollable event hindering the proper functioning of the activity.
The customer acknowledges the characteristics of the Internet computer network and in particular the possibility of interruption of connection, breakdown, electrical or other problems. The artist cannot be held responsible.
Article 9 - Intellectual property and use of drawings
The commissioned work(s) remain the property of the artist until full payment of their price(s).
The artist owns and retains the intellectual property of his works.
The buyer commits to a strictly private use of the works he will have acquired, excluding any reproduction or commercialization of them.
Any use for commercial or advertising purposes must be discussed with the artist beforehand, must imperatively require his agreement and will be the subject of a transfer of exploitation rights of the work in question.
The buyer agrees not to make any use of the content presented on the website RG Sketches; any reproduction in whole or in part of this content is strictly prohibited.
The artist can in no way be held responsible for the misuse of his works for defamatory or discriminatory purposes.
The artist undertakes not to publish any photo having been used as a model for the realization of a drawing without the agreement of its owner.
The artist reserves the right to publish his works on his website RG Sketches and on social networks. If the customer does not wish to do so, he will have to specify it.
Article 10 - Personal informations
The nominative informations provided by the buyer is necessary to process orders and draw up invoices.
They may be communicated to the seller's partners responsible for the execution, processing and management of the payment of orders.
The user authorizes the seller to collect this data to improve its site and services. The seller undertakes not to disclose theses informations.
The user has a duty to correct the processing of data concerning him.
Article 11 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 12 – Jurisdiction
For all disputes relating to sales made by the artist as well as those relating to the interpretation of the general conditions of sale, only the Commercial Court of Paris shall be competent.
Article 13 - Applicable law
Works of art are governed by the Intellectual Property Code. Any question relating to the present general terms and conditions of sale that is not covered by the present contractual stipulations will be governed exclusively by French law.