General terms and conditions of sale and use
I. General Provisions
1. Scope of Application
These terms and conditions apply to all sales of artworks carried out by Ms. Nadège MOUYSSINAT.
This document, drafted in French, applies without restriction or reservation to all sales conducted by Ms. Nadège MOUYSSINAT. This version takes precedence over any other versions or translations. In the event of discrepancies or difficulties in interpreting a translated version in another language, these General Terms and Conditions of Sale drafted in French shall prevail.
The purpose of these terms and conditions is to define, outline, and frame the sales modalities of artworks created by Ms. Nadège MOUYSSINAT. No specific condition may override these General Terms and Conditions of Sale unless explicitly agreed upon in writing and signed by the concerned parties. In case of a conflict between different commitments made by the parties, these General Terms and Conditions of Sale (GTC) will apply, unless explicitly superseded by an agreement between the parties made after or concurrent with the acceptance of these GTC.
If any provision of these General Terms and Conditions is found to be invalid or declared null, the remaining provisions shall remain unaffected. Any transaction implies that the Client, Buyer, or Intermediary has read and fully accepted these General Terms and Conditions of Sale without restriction or reservation. For commissioned artworks, upon the validation of a quote, the Client must acknowledge having read and accepted these GTC without reservation. To this end, no handwritten signature of these terms will be required.
Ms. Nadège MOUYSSINAT reserves the right to amend these terms at any time. The new versions will only apply upon acceptance and agreement by the Client.
2. Definitions / Glossary
Buyer: Refers to any individual or legal entity, of legal age and/or legally competent, who purchases an artwork created by Nadège MOUYSSINAT through an Intermediary.
Artist: Refers to Nadège MOUYSSINAT.
Author: Refers to the Artist.
Deposit Form: The document concluded between the Artist and the Intermediary, at the latest, on the day the artwork is deposited.
Client: Refers to any individual or legal entity, of legal age and/or legally competent, who purchases an artwork created by Nadège MOUYSSINAT.
Order: The act of a Client requesting a custom-made piece based on projected specifications, dimensions, and colors as outlined in a preliminary Study.
Consignment Sale: Refers to the Artist entrusting an artwork to the Intermediary under the terms and conditions specified in the deposit form.
Quote: The document issued by Nadège MOUYSSINAT as part of an Order, submitted to the Client for validation, and including a description of the artwork (detailed in the Study annexed to the Quote), the price (excluding transportation), production timeframes, and payment terms.
Study: Applies to custom orders. Refers to the projection work, drawings, sketches, and dimensional plans submitted to and approved by the Client prior to the creation of the artwork.
Intermediary: Refers to any professional entity (showroom, gallery, etc.) with whom an artwork by the Artist is consigned for sale and made available for a specified period.
Nadège MOUYSSINAT: The artist and creator of sculptures and furniture pieces.
Artwork: Refers to the product created by Nadège MOUYSSINAT as part of her activity and intended for sale.
Piece: See Artwork.
Project: Refers to the various stages of an Order preceding the creation of the Artwork (Study, Quote, exchanges between the parties, etc.).
3. Identification of Nadège MOUYSSINAT
Nadège MOUYSSINAT is a sole proprietorship located at 15 Rue de Sevigne – 87 100 LIMOGES, France, with the SIRET number 52177168300021.
4. Purpose
Ms. Nadège MOUYSSINAT creates unique sculptures and furniture pieces or small series.
Her Works are offered for sale through various channels:
The terms for creating and selling the Works are described in detail below.
5. Prices and Payment Terms
The price of each Work is announced prior to its sale and/or production. Prices are stated in Euros, inclusive of all taxes (TTC). The applicable VAT rate may vary depending on the material of the Work, the number of pieces produced, its destination, the delivery location, and the Buyer or Client (professionals/individuals). It will be specified in every Quote, Invoice, or Contract as applicable.
For direct sales and custom commissions, full payment must be made prior to the delivery of the Piece, either by credit card, bank transfer, or check. For sales conducted through Intermediaries, payment must be made within seven days of the sale via credit card, bank transfer, or check.
No discount will be granted for early payment. No reminder is required for the application of late payment penalties, which accrue automatically from the 31st day following the invoice date or due date. Penalties are calculated at the legal interest rate in effect at the time of the incident. Additionally, a flat-rate indemnity of €40 for recovery costs will apply, pursuant to Article D441-5 of the French Commercial Code.
6. Returns, Cancellations, and Right of Withdrawal
In accordance with Articles L221-18 and following of the French Consumer Code, individual Clients have a fourteen-day period to exercise their right of withdrawal, starting from the conclusion of a contract entered into remotely. The Client acknowledges that the contract begins upon the confirmation of the Order. This right also applies to discounted, second-hand, or clearance items. The right of withdrawal will only be valid if the Client has not used the Products ordered. Any Product that has been unsealed, damaged, or used by the Client will not qualify for withdrawal.
To exercise their right of withdrawal, individual Clients must send a written declaration via email to the following address: nadege.mouyssinat@gmail.com within the fourteen-day period.
If the right of withdrawal is exercised after the Order has been shipped, the Client must return the Order at their own expense, managing the logistics and taking full responsibility.
Reimbursements will be issued within 15 working days following receipt of the returned package, provided there are no defects, damage, or breakage. Shipping and return costs are non-refundable.
The following provisions do not apply to custom Orders placed by a Client with the Artist. In accordance with Article L221-28 of the French Consumer Code: "The right of withdrawal cannot be exercised for contracts: (…) 3° For the supply of goods made to the consumer's specifications or clearly personalized." The Client agrees to these provisions and acknowledges waiving their right of withdrawal upon signing the Quote and paying the deposit.
The right of withdrawal also does not apply to sales conducted in person.
Finally, professionals and legal entities, given their status as informed parties, do not have a right of withdrawal.
7. Liability
The Artist cannot be held liable for any direct or indirect consequences affecting persons or property arising from the Use of a Work, except where public policy provisions apply. The sold Pieces are artworks and are not intended for any other purpose. Consequently, any misuse of the object resulting in damage to property or persons shall not fall under the responsibility of the Author of the Work. The same applies in cases of breakage or damage to the object.
Works may evolve over time depending on their environment and location (exposure to light, humidity, etc.). The Artist's liability cannot be invoked due to any changes in color or texture arising from the environment where the Piece is installed.
Moreover, the Artist is responsible for the object until its delivery, provided the transport logistics were organized by the Artist. In the event of breakage, damage, loss, or theft during transport, the Artist is responsible for handling all formalities and procedures with the appointed carrier. The Artist shall not be held liable for delays in delivery times initially announced, provided the object was handed over to the transport company within the agreed timeframe.
When the Client, Buyer, or Intermediary appoints their own carrier, the Artist’s responsibility ends once the object is handed over to the carrier. Any damage or loss incurred during transport shall be the responsibility of the Client, Buyer, or Intermediary, who is encouraged to arrange for appropriate insurance coverage.
8. Intellectual Property
a. Ownership of the Works Created
In accordance with Article L122-4 of the French Intellectual Property Code, “any representation or reproduction, in whole or in part, made without the consent of the author or their successors or assigns is unlawful. This also applies to translation, adaptation, transformation, or reproduction by any art or process.” The Artist commits to ensuring that the Works are original and does not infringe upon any copyrights, trademarks, or any other rights, title, or interest belonging to third parties.
The Client becomes the owner of the Work created by Nadège MOUYSSINAT, subject to the full payment of its price.
However, the Client does not own the documents, materials, or models created by the Artist in the course of creating the Work. The works and preliminary studies created by the Artist remain confidential and may not be shared with third parties by the Client without the Artist's prior consent. Nadège MOUYSSINAT also retains ownership of all techniques and materials used to create the Piece.
b. Transfer of Rights
In accordance with the French Intellectual Property Code (Articles L. 121-1 to L. 121-9), it is reminded that the moral right of a creation (including the right to respect for the work and the right to respect for the name) remains attached to its author permanently and inalienably. Any representation or reproduction, in whole or in part, made without the consent of the author or their heirs is unlawful and punishable under the laws related to infringement. This also applies to translation, adaptation, transformation, arrangement, or reproduction by any art or process (Article L. 122-4 of the Intellectual Property Code).
9. Force Majeure
No party shall be considered in breach of its obligations or liable for any failure to perform those obligations if such failure is caused, temporarily or permanently, by an event or force majeure. Force majeure is understood to be any external event that is unforeseeable, irresistible, and beyond the control of the affected party, as defined in Article 1148 of the French Civil Code. Such events include, but are not limited to, natural disasters, government restrictions, social disturbances or riots, wars, malicious acts, disasters at the service provider's premises, power outages lasting more than two (2) days, computer equipment failure, long-term absences (accident or illness), the shutdown of telecommunication networks, including all internet-accessible networks, or difficulties related to telecommunications networks outside of the parties' control.
Within five (5) working days of the occurrence of such an event, the affected party must notify the other party by registered letter with acknowledgment of receipt and provide proof of the event. The affected party must make every effort to eliminate the causes of the delay and resume its obligations as soon as the force majeure event ceases. If the force majeure situation persists for more than fifteen (15) working days from the receipt of the notification, either party may terminate the agreement without compensation. This termination shall take effect from the date the other party receives the registered letter of termination with acknowledgment of receipt.
If the agreement is terminated by the Client due to force majeure, the Client must pay the service provider all amounts owed up to the date of termination.
10. Governing Law and Jurisdiction
These general terms and conditions are governed by French law and must be applied and interpreted in accordance with it. Any dispute arising from the performance of a service and/or the application of these General Terms and Conditions, or relating to their validity, shall be subject to the exclusive jurisdiction of the French courts, specifically the courts of LIMOGES, in all cases where applicable laws and regulations permit it.
II. Terms of Creation and Sale of the Works
1. Direct Sale of Works
The sale of works directly may take place either remotely or in person. In any case, payment must be made prior to the delivery or transfer of the work.
a. Transportation and Delivery
The transportation costs are the responsibility of the Client, who is required to organize the pickup and delivery of the work. The Client must contract with an accredited art transport company. The contract with the transport provider must include all necessary insurance coverage to ensure the Client is compensated in case of breakage, damage, loss, or theft during delivery.
In exceptional cases and at the Client's request, the Artist may handle the logistics and transportation arrangements. However, the delivery costs will remain the responsibility of the Client. The Client will be required to personally receive the package and may not ask the carrier to leave the package at a different location or with someone else. The Client must unpack the work in the presence of the carrier and note any damages on the delivery slip, including damages to the package, packaging, or the work itself. The Client must retain a copy of the delivery slip and send it to the Artist within 48 hours of receiving the package.
In any case, the responsibility for the delivery lies with the party responsible for managing and organizing the transport.
b. Receipt of the Work
In the case of a sale conducted remotely, the Artist agrees to provide all necessary details and information about the work prior to the sale, including photographs, dimensions, colors, etc. The Client cannot request the cancellation or refund of the purchase based on the claim that the work does not meet their expectations or is unsuitable for the intended environment.
c. Cancellation of Sale
In the case of a physical sale, no cancellation or refund request will be accepted by the Artist.
In the case of a remote sale, the provisions relating to the right of withdrawal, as outlined in Section I.6., shall apply.
2. Sale of Works through an Intermediary
a. Provision of the Work:
• Deposit Slip
Before the artwork is deposited, the Intermediary and the Artist must sign a Deposit Slip containing the following information:
In the absence of details in the Deposit Slip, the provisions of these General Terms and Conditions of Sale (CGV) apply. If there is any conflict, the terms specified in the Deposit Slip take precedence over the CGV.
• Transport – Deposit
The transport costs are the responsibility of the Intermediary, who must organize the pickup and delivery of the artwork. The Intermediary is required to enter into a contract with a certified art transport company, ensuring coverage for breakage, damage, loss, or theft. In this case, the amount corresponding to the Artist’s commission will be owed by the Intermediary.
Exceptionally and at the request of the Intermediary, the Artist may handle all logistics and transport arrangements. However, delivery costs will be deducted from the base amount used to calculate the Intermediary's commission. The Intermediary will then be required to personally receive the package. The Intermediary must unpack the artwork in the presence of the transport provider and make note of any damage to the package, packaging, or the artwork itself on the delivery slip. The Intermediary must keep a copy of the delivery slip and send it to the Artist within 48 hours of delivery.
In all cases, the responsibility for the delivery lies with the party in charge of the transport organization and management.
The same provisions apply in the event the artwork is not sold, and the artwork needs to be returned to the Artist.
• Conditions for Storage – Deposit
In the absence of any contrary provisions, the artwork will be provided to the Intermediary for a period of six (6) months. During this period, the Artist may not sell or retrieve the artwork, except with the express consent of the Intermediary.
The Intermediary acknowledges that the artwork is intended to be stored in its showroom or gallery, whose address will be communicated to the Artist in writing prior to the artwork’s deposit. The artwork may not be moved without the Artist's consent, except in the case of a sale and subsequent delivery.
The Intermediary confirms it holds an insurance policy that covers the artwork during the deposit period. The insurance must cover all types of incidents (floods, fire, theft, breakage, etc.) and indemnify the Intermediary for the full sale price of the artwork. If such insurance is not in place, the amount corresponding to the Artist’s commission will still be owed by the Intermediary within 30 days of the incident occurring.
• Advertising and Promotion
The Intermediary is responsible for all expenses related to advertising and promoting the artwork. The Intermediary is free to use any media and communication channels but must ensure that the Artist is identified and named in all publications and advertisements. The media used must be legal and neutral, free from any political opinion. The messages conveyed in the promotion must align with the values of the Artist and must not include discriminatory, racist, antisemitic, xenophobic, homophobic, or any other derogatory remarks.
• Sale and Commission
Unless otherwise stated, the Parties agree that the Intermediary will receive a commission of 30% of the sale price (including VAT), after deducting the production costs, which must be provided by the Artist at the time of the deposit or handover of the artwork to the Intermediary.
The Intermediary may offer a discount of up to 10% on the agreed sale price. If the discount exceeds 10%, the Intermediary acknowledges that this excess will reduce their commission, but not that of the Artist.
The Intermediary is required to sign a sales contract with the Buyer, which must at least include the following details: the Intermediary’s identification, the Buyer’s identification, the artwork’s identification, the Artist’s identification, the sale price, the purchase date, and terms regarding ownership of the artwork.
The sale is considered completed and the contract may be finalized once the Buyer has paid the full price of the artwork.
The Intermediary must notify the Artist of the sale within two (2) business days, at which point the Artist will issue an invoice for the amount due.
In the case of a sale requiring delivery of the artwork to a location specified by the Buyer, the Intermediary must ensure the full payment is received before arranging transportation. The Artist will not be involved in the logistics of the delivery, and any damage or deterioration occurring during transport will not affect the amounts owed to the Artist. The Intermediary is responsible for ensuring they have the necessary insurance for the transport of the artwork.
3. Creation of Commissioned Works
b. Study and Estimate
After an initial exchange between the Parties to understand the Client's request and assess its feasibility, Nadège MOUYSSINAT may propose to carry out a Study for the project.
The cost of this Study will be communicated to the Client and must be accepted by the Client before its execution. The Study will include the following elements:
Once the Study is completed, the Artist will submit it to the Client, who may request up to three (3) revisions regarding dimensions, shape, materials, colors, etc., as long as these requests are feasible.
The Study, carried out with professional software, will provide an outline of the shapes, materials, dimensions, and colors to the extent possible. However, since materials are dynamic and variable, there may be slight variations in the colors and dimensions between the projected design and the final piece. The Client agrees to accept a 5% variation in the dimensions between the projected design and the final piece. Regarding colors, the Artist may send color samples at the Client's request, with the cost communicated before shipping. However, due to inherent variations in the material, the working environment, and the intended installation space, slight color discrepancies may occur. The Client accepts such color differences and cannot refuse the artwork or demand a refund on these grounds.
Once the Study is approved by the Client, the Artist will provide an Estimate, valid for 30 days, which will include the key characteristics of the project, the price excluding taxes (HT) and including all taxes (TTC), excluding delivery costs, as well as the expected completion time. The completed Study will be attached to the Estimate and become an integral part of it. The Estimate must be signed and accepted by the Client. An electronic signature will constitute firm and final acceptance, just as a handwritten signature would.
Upon validation and signature of the Estimate, the Client must pay a 50% deposit of the total project cost.
No modifications to the Estimate or Study can be made after their acceptance and signature without the mutual agreement of both Parties.
c. Creation of the Artwork
The artwork will be created according to the deadlines specified in the Estimate provided by the Artist and approved by the Client. The deadline will begin to run from the date of signature of the Estimate and the receipt of the 50% deposit.
The Artist agrees to meet the deadlines, provided that the necessary materials are available when the Estimate is validated by the Client. In the event of difficulties in creating the artwork, the Artist must notify the Client immediately.
Once the artwork is completed, the Artist will take photographs from various angles and send them to the Client. The Client must then pay the remaining balance before transportation arrangements can be made for delivery.
d. Transport and Delivery
The Client is responsible for organizing the collection and delivery of the artwork. The Client must enter into a contract with an authorized art transport company, which must include insurance to cover breakage, damage, loss, or theft during delivery.
Exceptionally and at the Client's request, the Artist may handle all logistics and transportation arrangements. However, delivery costs will remain the responsibility of the Client. The Client must receive the package in person and cannot request the transport company to leave it elsewhere or hand it to someone else. The Client must unpack the artwork in the presence of the transporter and note any damage to the package, packaging, or artwork itself on the delivery slip. The Client must keep a copy of the delivery slip and send it to the Artist within 48 hours of receiving the package.
In all cases, responsibility for delivery lies with the party managing and organizing the transport.
e. Cancellation of the Order
If the Client wishes to cancel the order, any amounts paid as a deposit will remain due and no refund will be issued. If the cancellation request is made after the Artist has fully completed the artwork and sent the photographs to the Client, the full amount of the order is due.
Any delays in the execution of the order due to force majeure or factors outside the Artist’s control cannot be grounds for cancellation or for requesting damages. The same applies if the delay is caused by the Client, such as through late communication of details, late payment of the deposit, or any other reason attributable to the Client.
f. Commissioning a Work through an Intermediary
For any commissioned work made through an intermediary, all provisions in section II.3 of these General Terms and Conditions of Sale apply.
The Artist and the Intermediary will agree on a commission based on a percentage of the total Estimate amount, excluding production costs, which will be communicated to the Intermediary during the Study phase or at the latest when the Estimate is provided. The amount for the Study will be entirely owed to the Artist, and no commission will apply to this stage of the project.
The Intermediary agrees to formalize a contract with the Client, including signing the Estimate and accepting the terms set out in these General Terms and Conditions of Sale, and concluding a Sales Agreement. The Intermediary is also responsible for collecting the deposit and final payment as specified and for organizing the logistics related to transport and delivery.
MEDIATION DE LA CONSOMMATION
In the event of a dispute between the Client and the company, both parties will make efforts to resolve the issue amicably. The Client should submit a written complaint to the professional or, where applicable, to the company's Customer Relations Service.
If no amicable agreement is reached, or if the professional fails to respond within a reasonable period of one (1) month, the consumer Client, as defined in Article L.133-4 of the Consumer Code, has the option to refer the dispute to a mediator, free of charge, if a disagreement persists. This mediator must be registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation, pursuant to Article L.615-1 of the Consumer Code. The designated mediator is:
Société Médiation Professionnelle
Website: www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux