TERMS AND CONDITIONS OF SALE
The present conditions are addressed to and apply to a consumer who has full legal capacity.
These conditions apply to all products sold on www.niarkniark.com
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The present general conditions of sale define the rights and obligations of the parties called :
Seller': the site www.niarkniark.com, sign Niark Niark and its legal representative, Laura MAILLART, artist-author auto-entrepreneur domiciled 19, rue des Berthauds 93110 Rosny-sous-Bois - FRANCE. SIREN number created in 2021: 823 668 694.
Buyer': the customer who places an order via the website www.niarkniark.com, whether a private individual or a professional.
It is understood that any order placed via the website www.niarkniark.com implies prior consultation of these general conditions of sale, which apply de facto, unless expressly waived in writing.
Laura MAILLART reserves the right to modify the general conditions of sale of the site www.niarkniark.com at any time. In case of modification of the said general conditions of sale, the general conditions of sale in force on the day of the registration of the order made online will be applie
The paintings, illustrations and prints offered for sale on the online e-catalogue are works created by the artist Laura MAILLART, based in Rosny-sous-Bois in Ile-de-France. All her works are unique or proposed in a few copies of prints. The photographs on the site www.niarkniark.com are presented as an indication.
In the event of an order for a similar painting, the final work may differ significantly from the online photo, insofar as the artistic creation may lead to slight modifications in the realization of the original model.
All paintings, illustrations and prints offered for sale are sent to the end customer in different forms depending on their size:
A5 and A4 formats: in a cardboard envelope
A3 formats: in a tube
The buyer makes his selection by browsing the pages of the site www.niarkniark.com
The buyer's selections are added to his basket when he clicks on "Add to basket". At any time while browsing the site www.niarkniark.com, he/she can validate his/her order by clicking on "validate my order".
The automatic recording systems of the site are considered as proof of the nature, content and date of the order.
The information left by the buyer during the ordering process (surname, first name, postal address, e-mail address, telephone number) is binding. The site www.niarkniark.com cannot be held responsible for an error in the buyer's data entry which could prevent normal delivery.
The seller reserves the right to cancel any order for which there is any dispute or if the seller suspects that the buyer is planning a prohibited reproduction of the works he is about to buy on www.niarkniark.com.
The sale will only be concluded once the customer (the buyer) has paid in full the price agreed at the time of validation of the order.
After payment on the secure server, an acknowledgement of receipt is displayed. It confirms the registration of the order and informs the buyer that a confirmation e-mail will be sent as soon as possible.
After receipt and validation of the payment made by the buyer, the seller undertakes to honour the order according to the delivery times announced when the order was placed.
For paintings, illustrations and prints in stock, the processing time of the order is at least 72 hours to 15 days (validation of the payment by the banking authorities, assembly and preparation of the shipment, sending on the shipping platform).
For paintings, illustrations and prints not in stock, please refer to the shipping time indicated for each item and to the order confirmation email received after payment.
However, due to weather conditions, busy periods or the impact of a pandemic slowing down all postal services, these times may be increased.
The Niark Niark company commits itself, whatever the possible delays in delivery, to honour a delivery within a maximum of 30 days from the day of the registration of the customer's order.
The Niark Niark company is also committed to informing the buyers of the dates of closure of the delivery service, from the site www.niarkniark.com.
For any international delivery, the delivery time is that of the Colissimo International services. For further information: www.colissimo.fr.
The cost of delivery, which takes into account the delivery address given by the buyer when registering the delivery information, is calculated prior to the final validation and is integrated in detail in the agreed price.
For deliveries outside the European Union, the buyer agrees to pay all taxes due on the import of products, customs duties, value added taxes and any other taxes due under the laws of the country where the order is received on www.niarkniark.com.
The seller undertakes to provide the corresponding invoice at the time of dispatch.
Delivery is made within the usual time slot of the chosen carrier, by direct hand delivery, without signature.
In case of absence, the parcel will be deposited at the post office of the addressee or the delivery will be rescheduled to a later date and time. Any delays resulting from the customer's absence at the place of delivery during the carrier's visit shall not entitle the buyer to claim damages. The date of the first presentation at the delivery address indicated by the customer at the time of the order is considered as the effective date of delivery.
The following are considered to be cases of force majeure which relieve the seller of his obligation to deliver: war, riot, fire, strike, accident and the impossibility of being supplied with raw materials.
Goods are always transported at the risk of the recipient.
ATTENTION: Upon receipt of the goods, it is the buyer's responsibility to :
Check the condition of the products ordered
Open all packages in front of the carrier in order to check their contents and condition (even if the packaging is intact, there may be damage)
If the deliverer refuses this control, specify it on the delivery note before signing it.
IF A DAMAGE IS FOUND, the buyer can :
Reject the goods if they are unusable by specifying on the waybill "Rejected for damage".
Indicate all the damage noted on the transport receipt, clearly and precisely (e.g.: broken product, pierced or torn product, missing product, etc.). The notion of 'subject to unpacking' is completely ineffective as it has no value.
By signing the delivery receipt, the buyer acknowledges that he has received the goods in a satisfactory condition. Nevertheless, according to article L. 133-3 of the French Commercial Code, the buyer has a period of 3 days to inform the carrier of his grievances. After this period, any claim related to the condition of the delivered products cannot be accepted.
No refund or change of goods received will be possible without precise reservations on the delivery note.
Within 48 hours, the buyer will have to confirm his reserves to the carrier by registered letter with acknowledgement of receipt and send a copy to Niark Niark so that a 'dispute' file can be opened.
ATTENTION: If one of the conditions is not met, the dispute will not be handled by the carrier or by Niark Niark (legal representative Laura MAILLART). No recourse will be possible.
Particular case: delay of delivery due to the services of the carrier.
For each shipment, the seller has a deposit slip with the carrier's services.
If for reasons specific to the services of the said carrier (loss of package, damage to the package, etc.), the recipient does not receive his order or receives his order with damaged products, the seller can only reimburse the purchaser after recognition of the fault of the carrier and therefore full payment of the compensation due for the failure to deliver by the customer of Niark Niark (processing time: 21 working days at most)
The seller always undertakes to notify the carrier's services of the failure to deliver and to transmit for information all the administrative elements of the buyer's request on his request.
5. RETRACTION, RETURN, EXCHANGE
In accordance with article L121-20 of the French Consumer Code, the buyer has a withdrawal period of 7 clear days from receipt of the goods. During this period the works can be returned to Niark Niark at the address indicated:
19, rue des Berthauds
The buyer is responsible for the return shipping costs. The return postage is not refunded.
Refunds will be made within 15 days of receipt of the works. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. It is the buyer's responsibility to notify the carrier of any reservations regarding the product to be returned.
RETURN EXCEPTION for all customised orders.
All the prices of the products on www.niarkniark.com are indicated in euros and in inclusive of all taxes, excluding the shipping costs which are mentioned during the validation of the order.
The products are invoiced on the basis of the price list in effect at the time the order is placed.
In case of an order outside of metropolitan France, the buyer is the importer of the goods concerned. For all items shipped to French overseas departments and territories and outside the European Union, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the seller.
They shall be borne by the buyer and are the buyer's sole responsibility, both in terms of declarations and payments to the authorities and competent bodies of the country of destination.
The buyer is advised to enquire about these aspects with the local authorities.
All orders, whatever their origin, are payable in Euros.
Prices may be revised upwards or downwards without notice. All orders will be paid for at the posted price and will not be subject to any variation in price.
Similarly, if one or more taxes or contributions, particularly environmental taxes, are created or modified, whether upwards or downwards, this change may be passed on to the selling price of the articles.
The prices indicated on the site are guaranteed for the duration of the online publication and within the limits of available stocks.
The price of the products put on line on www.niarkniark.com is payable in cash on the day of the effective order, otherwise in several instalments according to the terms established when the instalment payment was set up.
The order validated by the buyer is only considered effective when the bank payment centres concerned have given their agreement.
In the event of refusal by the said centres, the order will be automatically cancelled, the customer will be informed by e-mail and no debit will be made to his bank account.
The payment methods offered to the buyer are as follows:
Payment by credit card: if the payment is made by credit card, the transaction will be totally secure thanks to the partner STRIPE.
Payment by PayPal: if the payment is made by PayPal, the payment will be completely secure and the credit card details used via PayPal will be encrypted under the SSL (Secure Socket Layer) protocol.
Credit card fraud: a shipment of goods may be delayed for any credit card payment that appears suspicious. The goods will only be dispatched once payment has been received.
Order analysis system (fraud detection) with PayPal: the information relating to the buyer's order is subject to automated data processing in order to verify the transaction and combat credit card fraud.
PayPal and the seller are the recipients of the data related to the buyer's order. The non-transmission of data related to the buyer's order prevents the transaction from being carried out and analysed.
The occurrence of an unpaid order due to fraudulent use of a credit card will result in the registration of the data related to the associated order in a payment incident file implemented by PayPal. An irregular declaration or an anomaly may also be subject to specific processing.
8. RESERVATION OF OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The goods remain the entire property of Laura MAILLART, 19 rue des Berthauds 93110 Rosny-sous-Bois - FRANCE, or www.niarkniark.com, until confirmed receipt of full payment in accordance with French law no. 80-335 of 12 May 1980 relating to the effects of retention of title clauses in sales contracts.
The artist remains the owner of the copyright. The rights of representation and reproduction of the works present on the site www.niarkniark.com belong to Laura MAILLART. It is necessary to have her authorization for any exploitation of these rights.
All elements appearing on the site are protected by copyright, trademark law and any other intellectual property right. No reproduction and/or adaptation may be made without the authorisation of Laura MAILLART.
This contract is subject to French law.
Laura MAILLART / Niark Niark (being the same person), cannot be held responsible for damages of any kind that could result from a misuse of the products sold on www.niarkniark.com.
The responsibility of Laura MAILLART will be, in any case, limited to the amount of the order and could not be called into question for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of the products.
In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the assistance of a professional association of the branch, an association of consumers or any other council of its choice.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain the situation.
As a last resort, the parties expressly grant jurisdiction to the competent courts of the relevant judicial district.
Last update : January 2021