1. Seller Identification
These Terms and Conditions of Sale (“Terms”) are entered into by:
Johanna-Lisa Ardid, sole proprietor, operating as an independent visual artist (self-employed professional), registered in France under SIRET number 789539152, hereinafter referred to as “the Seller.”
Trading name / Artist name: Johanna Lisa
Address:
6 chemin de Lapujade
31200 Toulouse
France
Email: johannalisa.peinture@gmail.com
2. Purpose
These Terms govern the sale of original artworks created by the Artist and offered for sale through the Seller’s website.
Placing an order constitutes full acceptance of these Terms.
3. Artworks
All artworks offered for sale are original, handmade creations by the Artist.
Each artwork is unique.
Descriptions, dimensions and photographs are presented as accurately as possible. Slight variations may occur due to the artistic process and photographic reproduction.
4. Prices
All prices are stated in Euros (€).
VAT not applicable pursuant to Article 293 B of the French General Tax Code.
Prices are exclusive of shipping costs, which are specified in Article 7.
The Seller reserves the right to modify prices at any time. The price applicable is the one in effect at the time the order is placed.
5. Orders
Any order constitutes a firm commitment by the Buyer and acceptance of these Terms.
The order becomes final once payment has been successfully completed under the conditions described below.
The Seller reserves the right to refuse any order in the event of a previous dispute, abusive behavior, or suspected fraud.
6. Payment
Payments are accepted by PayPal and bank transfer.
For payments by bank transfer, banking details will be provided upon request.
The artwork will be reserved for five (5) calendar days.
If payment is not received within this period, the order will be automatically cancelled.
The sale shall only be considered final upon receipt of the full payment.
No artwork will be shipped before payment has been received in full.
7. Shipping
7.1 Shipping Destinations
Artworks are shipped to:
- European Union countries
- International destinations (outside the European Union)
7.2 Shipping Costs
Shipping is free for all orders delivered within the European Union.
For destinations outside the European Union, shipping costs are calculated according to the destination and the characteristics of the artwork, and will be communicated before the order is confirmed.
7.3 Delivery Times
Orders are dispatched within 3 to 5 business days after payment has been received.
Estimated delivery times are:
- European Union: 5–7 business days
- International: 7–10 business days
These delivery times are estimates only and may vary depending on the carrier and transport conditions.
7.4 Packaging and Transport
Each artwork is carefully packaged to ensure optimal protection during transit.
In accordance with applicable consumer protection laws, the risk of loss or damage transfers to the Buyer once they (or a person designated by them) take physical possession of the parcel.
If the parcel arrives damaged, the Buyer is requested to notify the carrier immediately or within three (3) business daysafter delivery.
7.5 Customs Duties and Import Taxes
Any customs duties, local taxes or import charges applicable outside the European Union are the sole responsibility of the Buyer.
7.6 Tracking
A tracking number will be provided whenever available.
7.7 Delivery Address
The Buyer is responsible for providing accurate shipping information.
The Seller shall not be liable for delivery issues resulting from incorrect information supplied by the Buyer.
8. Right of Withdrawal
In accordance with applicable consumer law, the Buyer has 14 days from receipt of the artwork to exercise the statutory right of withdrawal.
The Buyer must notify the Seller of their decision by email using the address provided in Article 1.
This right does not apply to commissioned or personalised artworks.
Returned artworks must be shipped at the Buyer’s expense in packaging that fully protects the artwork.
The refund will be issued after receipt and inspection of the artwork.
The refund will be processed within 14 days following receipt of the artwork or proof of shipment.
9. Intellectual Property
All artworks remain protected by copyright.
The purchase of an artwork does not transfer any copyright, reproduction, exhibition, publication or commercial exploitation rights.
Without the Seller’s prior written consent, any reproduction, publication, adaptation or commercial use of the artwork—including online, on social media, or in any other medium—is strictly prohibited.
10. Personal Data
Personal data collected is used solely for processing orders.
In accordance with the General Data Protection Regulation (GDPR), Buyers have the right to access, correct and request deletion of their personal data.
11. Liability
The Seller shall not be liable for any indirect damages resulting from the purchase of the artworks, including loss of business, loss of profits or other consequential financial losses.
The Seller’s liability shall in all circumstances be limited to the amount actually paid by the Buyer.
The Seller shall not be liable for damage resulting from improper use, storage or handling of the artwork by the Buyer or any third party.
The Seller remains responsible for the proper execution of delivery until the artwork has been delivered to the Buyer.
In the event of loss, damage or delay during transport, the Buyer is encouraged to contact the Seller so that an appropriate solution can be arranged.
12. Retention of Title
Ownership of the artwork remains with the Seller until payment has been received in full.
However, the risk of loss or damage transfers upon delivery to the carrier, except where mandatory consumer protection laws provide otherwise.
13. Consumer Mediation
In accordance with French consumer law, the Buyer may use a consumer mediation service free of charge in order to resolve any dispute amicably.
The Seller has appointed the following consumer mediator:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
Website:
https://www.cm2c.net
The Buyer may also use the European Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr
14. Governing Law
These Terms shall be governed by the laws of France.
The parties shall first seek an amicable settlement before initiating legal proceedings.
Failing such settlement, the French courts shall have jurisdiction.
15. Statutory Warranties
The Seller is liable for any lack of conformity of the artwork in accordance with Articles L.217-3 et seq. of the French Consumer Code, and for hidden defects under Articles 1641 et seq. of the French Civil Code.
Statutory Warranty of Conformity
The Buyer has two (2) years from delivery of the artwork to invoke the statutory warranty of conformity.
The Buyer may choose between repair or replacement, subject to the conditions laid down by law.
The Buyer is not required to prove the existence of the lack of conformity during the twenty-four (24) months following delivery.
This statutory warranty applies independently of any commercial warranty that may be offered.
Warranty Against Hidden Defects
The Buyer may invoke the warranty against hidden defects in accordance with Article 1641 of the French Civil Code.
In such a case, the Buyer may choose either to cancel the sale or to obtain a partial refund of the purchase price in accordance with Article 1644 of the French Civil Code.
Claims Under Statutory Warranties
For any claim relating to statutory warranties, the Buyer should contact the Seller using the email address provided in Article 1.