General Sales Conditions (GSC) for original photographic art prints by Nierika

Preamble / presentation of the general sales conditions

The present General Sales Conditions (GSC) define the contractual relations between, on the one hand, any customer of the https://nierika.art website, whether an individual or a professional, hereinafter referred to as "the customer" or "the buyer", and, on the other hand, Nierika, which publishes the https://nierika.art website. These terms and conditions apply to the sale of original photographic art prints.

These GCS are presented in English, and are addressed to a consumer with full legal capacity.

Terms and conditions of the purchaser

The present GSC are the only ones applicable. They prevail over all other general and special conditions not expressly approved by Nierika, and in particular replace those of the purchaser.

Modification of GCS

Nierika reserves the right to modify these terms and conditions at any time without notice. The applicable terms and conditions are those in force at the date of the buyer's order.

Acceptance of GCS

Placing an order automatically implies the customer's acceptance of these terms and conditions, as well as his waiver of his own general and special contractual terms and conditions. The customer declares that he/she accepts these terms and conditions of sale, after having read them, without restrictions or reservations, as soon as the order is placed.

GSC and unauthorized use

These General Sales Conditions also apply to the unauthorized use of photos or texts on the https://nierika.art website, regardless of how the user obtained the photo or text. They also apply to the sale of other products, such as stickers, calendars and any other product that might featured on the site.

Prices of works and V.A.T.

The prices indicated on https://nierika.art are net (V.A.T. not applicable, article 293B of the General Tax Code), in Euros, and include packaging costs.

Price updates

Nierika reserves the right to modify its prices at any time. Prints are invoiced on the basis of the prices in force at the time orders are registered, subject to availability.

Deposits

https://nierika.art requires payment of the total amount of the basket at the time of ordering.

Additional costs

Nierika may incur additional costs to complete the order. In this case, they will be taken into account when the quotation is drawn up, and the customer will be invoiced for the amount of these costs, inclusive of VAT.

Customs and taxes outside the EU

In the case of orders to countries other than metropolitan France, the customer is the importer of the works concerned. For all works shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes, import duties or state taxes may be payable. https://nierika.art is not responsible for these charges. They are to be borne by the customer, who is entirely responsible for their declaration and payment to the competent authorities and organizations in the country of import. The customer must check with local authorities before placing any order.

Ordering

Once the customer has consulted the prices and read the General Terms and Conditions of Sale on the https://nierika.art website, he/she can place an order directly via the site's boutique. The customer then selects :

the references of the photographs they wish to purchase, and for each image the format/presentation. You will then be asked for :

precise contact details: name, address, zip code, town, e-mail address and telephone number, (if the customer is acting on behalf of a company or business, he/she should also indicate SIRET and VAT numbers).

Commitment after order

Orders placed are irrevocably binding on the purchaser and will be confirmed as soon as possible by e-mail. This confirmation includes the references and prices as well as any useful information relating to the order. It is advisable to store or print a copy of this e-mail until the order is received. The information communicated by the purchaser when placing an order is binding.

Archiving - proof

The data recorded by https://nierika.art constitutes proof of all transactions between https://nierika.art and the customer. Nierika archives order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code. Nierika's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties. The customer has the right to access these documents for orders of €120 or more.

Availability

No art prints are available from stock; all orders are subject to print-on-demand.

Lead time

Art prints are usually ready to print within 5 to 10 days of the order confirmation e-mail.

Shipping

Deliveries are made to the address indicated by the buyer at the time of ordering. The order is sent directly from the premises of our partner printer. The risks are borne by the purchaser from the moment the products leave the premises.

Delivery charges

For metropolitan France, shipping and delivery costs are indicated when the order is placed on the https://nierika.art website. For shipment and delivery outside metropolitan France, additional costs, which vary according to destination and shipping method, will be invoiced. Any return of an order due to an erroneous address given by the customer at the time of ordering will be charged to the customer.

Delivery times

As per order confirmation e-mail. Orders are generally dispatched or made available within 10 to 15 working days from the order date. The actual delivery time depends on the carrier. Consequently, Nierika cannot be held responsible for failure to meet this deadline, and as such cannot satisfy any claim for compensation, of any nature whatsoever, following a delay in delivery due to a fault on the part of the carrier.

Package delivery

Delivery is made during working hours to the delivery address indicated by the customer on the order form.

Receipt of order

Upon receipt of the order, all parcels must be opened in the presence of the delivery person to check the condition of the items and thus avoid any future dispute: the customer must ensure that there are no anomalies (damaged parcel, broken or damaged item, product missing compared to the delivery note, etc.). If the delivery person refuses to stay to open the parcel, the parcel must be refused. It is the customer's responsibility, if only the parcel has been damaged and if he/she decides to accept the article, which he/she has judged to be in good condition, to indicate the anomalies noted, immediately upon delivery, in the form of detailed and explicit "handwritten reservations", dated and accompanied by his/her signature, on the carrier's delivery slip. No subsequent claim will be accepted if the delivery note is signed without reservation.

In the event of damage to the artwork, please refuse the goods on delivery. In addition to "handwritten reservations", the customer must ask the carrier to return the parcel to the sender, accompanied by a "spoliation report", and keep a copy of this form in his possession. Please also inform us of these facts, mentioning the order and delivery note references, within three working days, via the contact form or by email. Receipt of transported goods extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest (art L 133.3 of the French Commercial Code).

Consequences of non-compliance with acceptance procedures

If reception procedures are not respected, the customer cannot benefit from any refund or reshipment.

Payment method

Payment is made in euros only, directly on the online store by credit card or Paypal.

Payment

Payment must be made in cash. The works remain the property of Nierika until full payment has been received.

Right of retraction

In accordance with article L121-20 of the French Consumer Code, the customer has the right to cancel the order within a period of seven working days, from receipt of the order, in order to return the product to the seller for exchange or reimbursement, without having to give any reason or pay any penalty. This right does not apply to orders specially made for the customer (Article L121-20-2 of the French Consumer Code), i.e. generally all fine art prints; however, depending on the case, an arrangement may be sought. With the exception of return shipping costs, which in this case remain the customer's responsibility, Nierika will reimburse all sums paid, at the latest within 30 days of retraction.

Legal warranty

Customers of the https://nierika.art website benefit from the legal guarantee provided by articles L 211-1 to L 211-14 of the French Consumer Code. In the event that the items received are damaged or do not conform to the order (error in format, support, etc.), the customer has the right to return them within seven working days of receipt of the order. In this case, the damaged or non-conforming item will be exchanged and the cost of return and re-shipment will be borne by https://nierika.art. However, Nierika reserves the right to refund the customer and not to supply new orders if there is reason to believe that the delivery conditions do not offer sufficient guarantees. Damage caused by normal wear and tear, by negligence, or by failure to observe the important recommendations cited in these GSC are not covered by the legal warranty.

Return conditions

Items returned without their original packaging or incomplete will not be accepted for return. In addition to their original packaging, returned items must be placed in new packaging offering good guarantees of protection for the contents. In the absence of a complaint made within the aforementioned period and in the aforementioned form, the products delivered will be deemed to be in conformity and accepted by the customer.

Refunds

In the event of a return without the possibility of a new delivery, or in the event of a possible abandonment of the purchase in accordance with the conditions of these GSC, the refund will be made within 30 days of receipt of the parcel, accompanied by a letter in which the customer undertakes on his honor to destroy all copies of the images or texts in his possession.

Private liability

The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products or services, notably due to incompatibility of equipment or other reasons, cannot give rise to any compensation, reimbursement or liability, except in the case of a proven hidden defect, non-conformity or defectiveness.

Professional liability

With regard to products or services purchased in the context of a professional activity, the seller cannot be held responsible for any indirect damage, operating loss, loss of profit or expenses, which may arise from the use of these products or services.

Compliance of works with the law

The works presented on the https://nierika.art website comply with French law. In the case of a shipment to a country other than France, Nierika can never be held responsible for the non-conformity of the product with foreign legislation. It is the customer's responsibility to find out about the law in force in the country of delivery.

Warning

The photographic art prints the customer receives are comparable to the images presented on the https://nierika.art website. However, differences in color, brightness or contrast may occur depending on the screen used to view the images (unsuitable screen, incorrect colorimetric profile of peripheral screen, etc.): consequently, the images representing the original photographs shown on the site are not contractual. Furthermore, despite all the care taken by Nierika in the production of art prints, the appearance and colors of the image may change or deteriorate over time. Such unavoidable damage does not constitute a latent defect or manufacturing fault.

Limitations linked to the possession of a print

The purchase of a photograph in the form of a print or reproduction does not transfer the right of representation and reproduction. Only private use is possible, in accordance with article L. 111-3 of the CPI: "[...] The purchaser of this object is not vested, by virtue of this acquisition, with any of the rights provided for by the present code [...]".

Obligation to preserve prints

In accordance with the law (article L121-1 of the French Intellectual Property Code), the owner of a signed work of art is obliged to ensure that it is kept in good condition and must never destroy it. In the event of destruction, whether caused by the owner or accidentally, the owner undertakes to inform Nierika as soon as possible.

Important recommendations

Several environmental factors can affect the conservation of photographic art prints: light, temperature, humidity, air pollution and handling. Consequently, photographic art prints must not be subjected to excessive direct light, abnormally low or high temperatures or wide variations in temperature, or abnormal humidity or wide variations in humidity, they must not be subjected to vapors, gases, or airborne particles or fumes likely to be harmful, they must be handled (with protective gloves) only when necessary, taking care to avoid rough or inappropriate handling.

Photographic art prints must not be displayed outdoors.

Provision of the print

Should the original file in Nierika's possession be destroyed, the owner of the work undertakes to allow its eventual reproduction by photography or any other non-destructive means, within a reasonable period of time which may not exceed three months. The costs of such an operation, including transport and other expenses, are to be borne by the applicant.

Certificates of authenticity

A certificate issued by Nierika, with title and detailed description of the artwork, numbering of the artwork and Nierika's signature, is sent with the order.

Warranty of ownership

Nierika guarantees that all photographs offered for sale on https://nierika.art are its property, and that it has all necessary authorizations for photography and distribution on https://nierika.art.

Intellectual property

All images and texts presented on the https://nierika.art website are protected by French law and by the Code de la Propriété Intellectuelle (law no. 92-597 of July 1, 1992).

Prices excluding special agreements

Any use that does not comply with the law, or any unauthorized use of Nierika's work for public distribution (commercial or otherwise) constitutes an act of counterfeiting (art. L. 335-2 of the CPI) and any offender will be prosecuted.

Force majeure

In application of article 1148 of the French Civil Code, Nierika cannot be held responsible or be considered to have committed a fault in the processing of your order, if any delay or non-execution results from a case of force majeure, in particular in the event of a total or partial strike of the postal services or carriers, or by the loss of the parcel due to the carrier, or disasters caused by flood or fire, or traffic problems.

Incapacity for work

In the event of inability to work due to illness or accident, Nierika reserves the right to terminate the present contract and/or modify the delivery date without the customer being entitled to claim compensation. In this case, it is understood that https://nierika.art must notify the customer on the first working day of incapacity.

Privacy policy

Nierika is committed to respecting your privacy. The information collected is used to process and dispatch orders. This information may also be processed for the purpose of keeping a customer file. The recipients of the data are: public bodies (Agessa, Tax Office). By confirming his/her order, the customer authorizes https://nierika.art to distribute this information under these conditions. In accordance with the French Data Protection Act no. 78-17 of January 6 1978, amended in 2004, the customer may access this information, request its modification or rectification, or demand that it no longer appear in the https://nierika.art database. The customer may exercise these rights by sending a simple request by e-mail.

Applicable law - jurisdiction in the event of dispute

These GTC are governed by French law. In the event of a dispute as to form or substance, the French court closest to Nierika's place of residence shall have jurisdiction.

Date of update of these general terms and conditions of sale

January 8th 2024