These general terms and conditions of sale (hereinafter "GTC") govern the sales of fine art prints made by NICOLAS CLARIS EI (hereinafter "NICOLAS CLARIS EI" or "the Seller") via the website nicolas-claris.art (hereinafter "the Site"). Any order implies unreserved acceptance of these GTC.

The Customer declares having fully read and accepted the rights and obligations set out below.

The Customer acknowledges that acceptance of these GTC results in the exclusion of the application of their own general terms and conditions of sale and/or purchase.

ARTICLE 0 - DEFINITIONS

"GTC" means these General Terms and Conditions of Sale. NICOLAS CLARIS EI reserves the right to modify them at any time. The applicable GTC are those in effect on the date of the order.

"Customer" means any natural person of legal age and capacity, or legal entity, purchasing one or more Products marketed by NICOLAS CLARIS EI on the Site.

"Company" or "Seller" means NICOLAS CLARIS EI, Individual Enterprise registered in the Register of Trades under number 326 701 448 RM33, whose registered office is located at 23-25 Cours Pasteur, 33000 Bordeaux, France.

"Product(s)" means the fine art print(s) whose essential characteristics and prices are indicated in the product sheet for each Product in question, available on the Site. These are reproductions of original photographic works, produced using different techniques (giclée printing, fine art printing, screen printing, etc.) and on different media (art paper, canvas, aluminum, etc.).

"Site" or "Website" means the website accessible at https://nicolas-claris.art.

ARTICLE 1 - PRODUCTS

1.1 Description of fine art prints

The fine art prints offered for sale are reproductions of original works, produced using different techniques (giclée printing, fine art printing, screen printing, etc.) and on different media (art paper, canvas, aluminum, etc.).

Each print is accompanied by a certificate of authenticity stating:

• The title of the work
• The artist's name
• The technique used
• The format
• The print number and total number of copies in the edition
• The artist's signature

1.2 Limited editions

The prints are offered in limited edition of 5 copies all formats combined. Once the edition is sold out, no reprint will be made.

1.3 Accuracy of information

Photographs of the Products on the Site are not contractual. Colors may vary slightly depending on screens. NICOLAS CLARIS EI's liability cannot therefore be engaged due to any non-conformity of the delivered Product with its visual presented on the Site, within the limits of variations inherent to display media.

1.4 Product modification and removal

NICOLAS CLARIS EI expressly reserves the right, without generating any right to compensation for the Customer, to modify without notice and at any time all or part of a Product, and where applicable, its presentation or medium and/or to remove a Product from the Site.

1.5 Intellectual property and copyright

The Products are protected worldwide by copyright and intellectual property rights, and therefore cannot in any way be the subject, even partially, of reproduction, representation, loan, exchange or transfer, transfer to another medium, modification, adaptation, arrangement or transformation, except under the conditions below.

Consequently, only reproduction and representation of content are authorized within the strictly private framework of the Customer, excluding any collective or commercial use. The Customer is specifically prohibited from:

• Any reproduction of the print for commercial purposes
• Any public distribution or collective representation
• Any use for advertising purposes
• Any modification, adaptation or alteration of the work
• Any commercial exploitation in any form whatsoever

Furthermore, the Customer is generally prohibited from infringing, directly, indirectly or through third parties, in any way whatsoever, NICOLAS CLARIS EI's intellectual property rights.

For any use outside the strictly private framework, the Customer must obtain prior written authorization from the artist.

ARTICLE 2 - ORDERS

2.1 Ordering process

To place an order, the Customer must:

1. Select the desired product(s)
2. Add the product(s) to the cart
3. Validate the cart
4. Enter delivery and billing information
5. Choose the delivery method
6. Choose the payment method
7. Review and confirm the order

Placing an order by the Customer implies express acknowledgment of having fully read these GTC prior to the order. The Customer manifests their full and complete acceptance of these GTC by checking the box "I have read and accept the general terms and conditions of sale".

2.2 Order confirmation

After order validation, a confirmation email summarizing the order details is sent to the Customer. In case of unavailability of an ordered product, the Customer will be informed as soon as possible.

Sales are only final after payment by the Customer of the order price and written confirmation in the form of an email from NICOLAS CLARIS EI of the proper recording of said order, which then becomes final (the "Order Confirmation").

2.3 Availability

All Products offered for sale are subject to available stock. Our offers are valid while stocks last. In case of unavailability, we reserve the right to cancel the order and proceed with a full refund within 30 days.

2.4 Order modification

Subject to the right of withdrawal applicable to consumer Customers under the conditions set out in Article 6, no order that has become final may be cancelled or modified except with the express agreement of NICOLAS CLARIS EI.

The Customer undertakes to inform NICOLAS CLARIS EI without delay of any modification of information provided during their order (such as delivery address(es), billing details, etc.).

2.5 Order refusal

NICOLAS CLARIS EI reserves the right to refuse any order from a Customer with whom there is a dispute relating to payment of a previous order or for any other legitimate reason.

ARTICLE 3 - PRICES

3.1 Displayed prices

Prices are indicated in euros, excluding delivery costs.

For consumer Customers located in France and in the European Union, the prices displayed before final validation of the order are indicated inclusive of all applicable taxes (VAT included), with the applicable VAT determined according to the tax rules in force on the date of the order.

For business Customers located in the European Union and holding a valid intra-Community VAT number, invoicing exclusive of VAT may apply where the legal conditions for reverse charge are met.

Shipping costs are calculated based on weight, dimensions, and destination, and are indicated before final order validation.

3.2 Orders outside the European Union

For works shipped outside the European Union, the Customer is considered the importer. Customs duties or local taxes may be payable in the destination country and will be the sole responsibility of the Customer. Any tax, duty, or other service to be paid in accordance with applicable regulations are the Customer's responsibility and are in addition to the sale price.

3.3 Price changes

NICOLAS CLARIS EI reserves the right to modify its prices at any time. However, products will be invoiced based on the rates in effect at the time of order validation.

3.4 Retention of title

3.5 Invoice

An invoice is made available to the Customer in their personal account and/or sent by email after order shipment.

ARTICLE 4 - PAYMENT

4.1 Payment methods

Payment is made online via Stripe by:

• Credit card (Visa, Mastercard)
• PayPal
• Apple Pay
• Google Pay

Any order implies an obligation to pay the corresponding price and fees by the Customer. The Customer acknowledges that placing an order commits them to paying for it.

4.2 Security

All transactions are secure. Banking data is encrypted and never stored by our services.

4.3 Collection

The Customer's account is debited at the time of order validation. Payments made by the Customer will only be considered final after effective collection by NICOLAS CLARIS EI of the amounts due by the Customer.

ARTICLE 5 - DELIVERY

5.1 Delivery areas

We deliver to metropolitan France, Corsica, French overseas departments and territories, and European Union countries. International deliveries can be arranged upon request.

5.2 Delivery times

Prints are produced to order, using the standard formats, dimensions, media, finishes and options offered on the Site. Production, quality-control, packaging and shipping times vary depending on the Product and the destination.

The applicable delivery time is indicated to the Customer before final validation of the order. If no delivery date or period is indicated or otherwise agreed, the Product will be delivered without undue delay and no later than 30 days after conclusion of the contract.

The fact that a Product is produced after the order has been placed does not remove or limit the right of withdrawal applicable to consumer Customers, which starts from receipt of the Product under the conditions set out in Article 6.

5.3 Delivery methods

Works are shipped by specialized carrier, carefully packaged in appropriate packaging (reinforced cardboard tube, wooden crate, etc.).

5.4 Order receipt

It is the Customer's responsibility to check the condition of the package upon receipt. In case of damaged package, the Customer must:

• Refuse the package or accept with precise and detailed reservations
• Take photos of the package and damaged contents
• Inform us within 48 hours by email at nicolas@nicolas-claris.com

Any package received without reservations cannot give rise to subsequent claims for apparent damage.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Principle and scope

The Products offered on the Site are available only in the standard formats, dimensions, media, finishes and options indicated at the time of order. The choice of a format, dimension or white border among the options offered on the Site is a standard catalogue option and does not constitute a product made to the Customer's specifications or a clearly personalised Product within the meaning of Article L221-28 of the French Consumer Code.

For consumer Customers residing in the European Union, a 14-day right of withdrawal applies from receipt of the Product. For consumers residing in France, this right is governed by Articles L221-18 et seq. of the French Consumer Code.

The right of withdrawal does not apply to Customers acting in a professional capacity. For consumer Customers residing outside the European Union, withdrawal conditions are determined by the law applicable to the contract and, where applicable, by the mandatory provisions of the Customer's country of residence.

6.2 Starting point of the withdrawal period

The withdrawal period starts from receipt of the Product by the Customer or by a third party designated by the Customer, other than the carrier. In the case of an order for several Products delivered separately, the period starts from receipt of the last Product.

The withdrawal period therefore does not start on the order date. The fact that the print is put into production before or after the expiry of a 14-day period following the order does not remove, reduce or postpone the applicable statutory right of withdrawal, which starts from receipt of the Product.

6.3 No voluntary waiver

No voluntary waiver of the right of withdrawal is requested from consumer Customers for the standard Products offered on the Site. Any clause by which a consumer waives their statutory right of withdrawal would be deemed null and void under the conditions provided by the French Consumer Code.

6.4 How to exercise the right of withdrawal

To exercise the right of withdrawal, the Customer must notify their decision before expiry of the 14-day period, using the model withdrawal form below or any other unambiguous statement expressing their wish to withdraw, by email to nicolas@nicolas-claris.com or by post to: NICOLAS CLARIS EI – 23-25 Cours Pasteur – 33000 BORDEAUX, France.

6.5 Product returns

The Customer must return the Product without undue delay and no later than 14 days after communicating their decision to withdraw.

The Product must be returned complete, with its certificate of authenticity and any accessories, in its original condition, without signs of handling other than what is necessary to examine its nature, characteristics and condition. It must be returned in its original packaging or in equivalent packaging providing suitable protection for transport.

The direct cost of returning the Product is borne by the Customer, except in the event of an error attributable to NICOLAS CLARIS EI or express agreement to the contrary.

6.6 Refund

Where the right of withdrawal is validly exercised, NICOLAS CLARIS EI will refund the Customer all sums paid for the relevant order, including the initial delivery costs corresponding to the standard delivery method offered, without undue delay and no later than 14 days from the date on which NICOLAS CLARIS EI is informed of the Customer's decision to withdraw.

For sales of goods, NICOLAS CLARIS EI may defer the refund until the returned Product has been received or until the Customer has provided proof of shipment of the Product, whichever occurs first.

The refund will be processed via Stripe to the payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to another refund method, provided that such refund does not result in any fees for the Customer. Additional costs resulting from the Customer's choice of a delivery method more expensive than the standard delivery method offered will not be refunded.

ARTICLE 7 - WARRANTIES

7.1 Legal warranty of conformity

In accordance with articles L217-4 and following of the Consumer Code, the seller is required to deliver goods conforming to the contract and is liable for defects in conformity existing at the time of delivery.

7.2 Warranty against hidden defects

The seller is liable under the warranty for hidden defects in the item sold that make it unfit for its intended use (articles 1641 and following of the Civil Code). The Customer has 2 years from discovery of the defect to take action.

ARTICLE 8 - LIABILITY

8.1 General liability

NICOLAS CLARIS EI's liability cannot in any case be engaged in case of non-performance or poor performance of contractual obligations attributable to the Customer, particularly when entering their delivery address or details incorrectly.

8.2 Force majeure

NICOLAS CLARIS EI cannot be held responsible for breach of one of the obligations placed on it that would result from the occurrence of a case of force majeure, such as those defined by article 1218 of the Civil Code.

The following are notably considered cases of force majeure discharging NICOLAS CLARIS EI from its obligation to deliver the goods that were the subject of the order:

• Any delay and any fault whatsoever of the Customer
• Riot, insurrection, war, act of government
• Strike, lockout
• Power outages or cuts lasting more than 24 hours
• Breakdown of communication networks
• Epidemics and pandemics
• Fire, landslides, floods, damage caused by lightning
• Traffic accidents
• Interruptions or delays in transport
• Impossibility for NICOLAS CLARIS EI to be supplied, for any reason whatsoever affecting the activities of NICOLAS CLARIS EI, its suppliers, subcontractors or any other natural or legal person having a direct relationship with the sale, manufacture, shipment or delivery of goods subject to the order

NICOLAS CLARIS EI will keep the Customer informed, in due time, of the above-mentioned cases and events.

8.3 Delivery outside the European Union

In case of delivery of a product outside the European Union, NICOLAS CLARIS EI cannot be held responsible for non-compliance with legislative and regulatory provisions in force in the country of receipt of the Product.

8.4 Hyperlinks

It is further specified that NICOLAS CLARIS EI does not control websites that are directly or indirectly linked to the Website. Consequently, it excludes all liability for information published on them. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

ARTICLE 9 - PERSONAL DATA

Personal data collected as part of orders is processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act.

For detailed information concerning the collection, processing, storage and your rights relating to your personal data, please consult our Legal Notice, section "Personal Data Protection (GDPR)".

You have rights of access, rectification, erasure, data portability as well as limitation and objection to processing and organization of the fate of your data after your death. These rights can be exercised by contacting us at nicolas@nicolas-claris.com.

ARTICLE 10 - MEDIATION

In accordance with article L612-1 of the Consumer Code, the Customer has the right to use free consumer mediation services for amicable resolution of a dispute.

In case of dispute, the Customer will primarily contact NICOLAS CLARIS EI to obtain an amicable solution. The Customer and NICOLAS CLARIS EI will make their best efforts to achieve amicable resolution of the dispute.

In case of failure, the Customer can consult the website: https://www.economie.gouv.fr/mediation-conso to freely submit a mediator on their claim.

Furthermore, the European Commission's Online Dispute Resolution platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

ARTICLE 11 - APPLICABLE LAW

These GTC are subject to French law. In case of dispute and failing amicable resolution, the dispute will be brought before the competent courts according to common law rules.

ARTICLE 12 - MODIFICATION OF GTC

We reserve the right to modify these GTC at any time. The applicable GTC are those in effect on the date of the order.

ARTICLE 13 - GENERAL PROVISIONS

13.1 Information requests and complaints

Any request for information concerning these GTC, complaint or cancellation must be sent, with indication by the Customer of the reference of the order placed on the Site, either by email to nicolas@nicolas-claris.com, or by post to the following address: NICOLAS CLARIS EI – 23-25 Cours Pasteur – 33000 BORDEAUX.

13.2 Non-waiver

The fact that NICOLAS CLARIS EI does not avail itself, at a given time, of any of these GTC cannot be interpreted as waiving its right to avail itself of them subsequently.

13.3 Severability

In the event that any of the terms of the GTC is considered illegal or unenforceable to the Customer by a court decision, this will not affect the other provisions of the GTC, which will remain applicable.

13.4 Sanctions

Non-compliance by the Customer with obligations subscribed under the terms of the GTC, and in particular in case of fraud or any attempt at fraud, and any payment incident for the price of an order, may result in suspension of access to the Site, or even termination of their customer account depending on the severity of the acts in question, without prejudice to any damages that NICOLAS CLARIS EI may seek.