General conditions of sale

It is strongly advised to consult the General Terms and Conditions of Sale before any purchase.

These General Conditions of Sale (GTC) are concluded between:

  • Artist-author Marion Roy (EI) — SIRET 898 434 899 000 32 — whose head office is located at the following address: 25 rue du presbytere, 79 350 CHICHÉ, owner and editorial manager and responsible for the publication of this site: marion-roy.com (hereinafter: « the Site »). Hereafter referred to as « Marion Roy » and « Artist ».
  • Any natural or legal person visiting, making a purchase on the site marion-roy.com. Hereafter referred to as « the Customer ».

These conditions shall be valid for the duration of the posting of the Site.

These GTCs exclusively govern the sale of original works and custom works. They shall determine the settlement between orders placed and receipt of such orders. The acceptance of the GTCs is carried out through the written signature during the validation of the estimate.

The original works proposed for sale on this Site are unique works.

If the Customer wishes to acquire a work, his order will be subject to a pre-established estimate. This estimate, sent by email, mentions: the identity and contact details of the Artist and the Customer, the object of the order, the delivery costs, the total All Taxes Included (TCT) and the terms and conditions of payment.

If the Customer wishes to continue the order, he must:

  • Manually or electronically sign the estimate followed by the date and the mention « read and approved ».
  • Or send an email attesting to his intention to continue the order with an electronic signature, date and followed by the mention « read and approved ».

When a purchase of an original work takes place, the work is:

  • Passed under a fixer spray,
  • Signed on the front by the Artist in black with indelible pencil,
  • Named, dated (year) and signed on the back with graphite pencil to avoid visibility on the front.

The photographs of the original works are in black and white and not retouched. Various aspects (grain, sharpness, contrasts) may differ slightly from the original physical work, due in particular to screen settings, lighting or the type of support used.

For further details on a work, the Customer can contact the Artist at the following email address: contact@marion-roy.com or via the contact form.

These General Terms and Conditions specify the assignment of rights in respect of original works for Special Customers:

  • Copyright: After purchasing an original work, the Customer does not hold copyright. The work is and will remain unalterably the only property of the Artist.
  • Right of ownership: after purchasing an original work, the Customer holds the right of ownership.
  • Right of representation: after purchasing an original work, the Customer holds the right to representation in a private and personal space.
  • Right to broadcast: after purchasing an original work, the Customer holds the right to broadcast on his personal social networks and personal sites by crediting the artist for an unlimited period of time. The artist also reserves the right to broadcast the work on his social networks and website.
  • Reproduction rights reserved. Even after the acquisition of the original work, the artist reserves the right to reproduce the work in all its forms (print, edition, digital, etc.).
  • No right of exploitation.

These Terms and Conditions specify the assignment of rights in respect of original works for Companies or Associations:

  • Copyright: After purchasing an original work, the Company or Association does not hold copyright. The work is and will remain unalterably the only property of the Artist.
  • Right of ownership: After purchasing an original work, the Company or Association holds the right of ownership.
  • Right of representation: After purchasing an original work, the Company or Association has the right of representation on their premises.
  • Right to broadcast: after purchasing an original work, the Company or Association holds the right to broadcast on professional social networks and professional sites by crediting the artist for an unlimited period of time. The artist also reserves the right to broadcast the work on his social networks and website.
  • The right of reproduction is prohibited unless the Artist has previously authorized it in writing. Even after the acquisition of the original work, the artist reserves the right to reproduce the work in all its forms (print, edition, digital, etc.).
  • Right of exploitation prohibited unless the Artist has previously authorized in writing.

When a purchase of an original work takes place, the Customer will receive by mail:

  • The acquired work signed.
  • The certificate of authenticity corresponding to the work in which is mentioned: the name of the work, the identity of the artist and his SIRET number, the material used, the medium, the dimensions of the work, the year of realization, the identification number if the work belongs to a series, the source of the photograph, the indications relating to the right of ownership and the certification of the work, the date and signature of the Artist. The certificate may provide proof in the event of an assignment or sale after purchase or claim of tax deduction for Businesses.

The Customer will receive by email the invoice corresponding to his purchase, drawn up and signed by the Artist.

Thus, these GTCs specify that all original works are signed and accompanied by a certificate of authenticity: it is strongly advised to be careful about any infringement of the works presented on this Site. In case of fraud, Customers are required to refuse the offer and notify the Artist directly. The latter's responsibility cannot be invoked and the competent authorities will be seized in order to assert its copyright.

Personalized works are subject to a pre-determined estimate prior to payment of the deposit. This estimate, sent by e-mail, mentions: the identity and contact details of the Artist and the Customer, the object of the order (by specifying the number of persons, the format and options such as the background or the installation between several photographs), the delivery costs, the total All Included Taxes (TTC) as well as the terms and conditions of payment.

If the Customer wishes to continue the order, he must:

  • Manually or electronically sign the estimate followed by the date and the mention « read and approved ».
  • Or send an email attesting his attention to continuing the order with an electronic signature, date and followed by the mention « read and approved ».

Before starting the order, the Artist requests a down payment equal to 40% of the total cost included in the estimate. Following receipt of the deposit, the Artist carries out the order by regularly sending photos of the progress of the drawing to the Customer to ensure that it suits you. When the drawing is finished and is suitable for the Customer, the remainder of the total TTC, 60%, is paid before the drawing is sent.

When the total TTC of the estimate is set, the drawing is:

  • Passed under a fixer spray,
  • Signed at the front by the Artist in black with indelible pencil,
  • Named, dated (month and year) and signed on the back in graphite pencil to avoid visibility on the front.

These Terms and Conditions specify further information on the following custom works orders:

  • The time limit for drawing may vary from one week to one month, depending on the demand.
  • The artist refuses to order sexual drawings. The artistic nude is granted.
  • Please note: if the Customer withdraws after payment of the deposit, the latter will not be returned to him.

These Terms and Conditions specify the assignment of rights relating to orders for custom works for Special Customers:

  • Copyright: after payment of the full amount of the total amount of VAT mentioned on the order's estimate, the Customer does not have copyright. The drawing is and will remain unalterably the only property of the Artist.
  • Right of ownership: after payment of the total amount of VAT mentioned on the estimate of the order, the Customer holds the right of ownership.
  • Right of representation: after payment of the total amount of VAT mentioned on the order's estimate, the Customer holds the right of representation in a private and personal space.
  • Right to broadcast: after payment of the total amount of VAT mentioned on the order's estimate, the Customer holds the right to broadcast on his personal social networks and personal sites by crediting the artist for an unlimited period of time. The diffusion of the work personalized by the Artist on his networks and site can only be made with the express consent of the Customer.
  • No right of reproduction.
  • No right of exploitation.

These Terms and Conditions specify the assignment of rights relating to orders for custom works for Companies or Associations:

  • Copyright: After payment of the total amount of VAT mentioned on the order's estimate, the Company or Association does not hold copyright. The work is and will remain unalterably the only property of the Artist.
  • Right of ownership: after payment of the total amount of VAT mentioned on the order's estimate, the Company or Association holds the right of ownership.
  • Right of representation: after payment of the total amount of VAT mentioned on the order's estimate, the Company or Association holds the right of representation on their premises.
  • Right to broadcast: after payment of the total amount of VAT mentioned on the order's estimate, the Company or Association holds the right to broadcast on professional social networks and professional sites by crediting the artist for an unlimited period of time. The diffusion of the work personalized by the Artist on his networks and site can only be made with the express consent of the Customer.
  • The right of reproduction is prohibited unless the Artist has previously authorized it in writing.
  • Right of exploitation prohibited unless the Artist has previously authorized in writing.

The Customer will receive by mail:

  • The custom work signed.
  • The corresponding certificate of authenticity in which is mentioned: the name of the drawing, the identity of the artist and his SIRET number, the material used, the support, the dimensions, the year of realization, the indications relating to the right of ownership and the certification of the work, the date and the signature of the Artist. The certificate may provide proof in the event of an assignment or sale after purchase or claim of tax deduction for Businesses.

The Customer will receive by email the invoice corresponding to his purchase, drawn up and signed by the Artist.

Thus, these GTCs specify that all drawings are signed and accompanied by a certificate of authenticity: he is strongly advised to be careful about any infringement of the works presented on this Site. In case of fraud, Customers are required to refuse the offer and notify the Artist directly. The latter's responsibility cannot be invoked and the competent authorities will be seized in order to assert its copyright.

The photographs of stagings presented on the Site, known as Mockup, do not accurately reflect reality. The Mockups are present to illustrate and stage the original works: it is likely that the stages do not accurately reflect their dimensions, but rather bring them closer. It is up to the Customer to refer to the description for objective elements on the work.

PRICES

Prices for original works or custom works are sent by quotation, after contact with the Artist. In addition to the initial price, option fees (frames), processing and shipping costs are added. Any price reductions will be indicated next to the original price.

L

PAYMENT

All orders regardless of origin are payable in euros.

Payment of your order is made by bank transfer or PayPal, where PayPal fees will be added. The signature of the estimate or the written acceptance by e-mail is a contractual commitment and a full payment obligation of the amount indicated.

PACKAGING

Original works and custom works equal to or less than 21 x 29.7 cm are packed in a solid box with strong protection against folding and automatically sent in a letter followed, in an ordinary envelope.

Original works and custom works greater than 21 x 29.7 cm are packed in a solid carton with strong protection against folding and automatically sent in a letter followed, in a bully envelope.

In the case where original works can be sent framed:

  • If the work is less than 21 x 29.7 cm, it will be doubly packed in a solid carton with strong protection against folding and a swollen pouch. The work will be sent in Colissimo, in a cardboard envelope with strong protection against folds.
  • If the work is greater than or equal to 21 x 29.7 cm, it will be packed in a solid carton with strong protection against folding and sent in Colissimo, in a shell.

TRANSMITTED

The shipment will be made to the address mentioned during the quotation or order within 1 to 3 working days after full payment except:

  • If it is not possible for the Artist to send works over a short period of time. The latter will be mentioned at the foot of pages of the Site.
  • The case where the original work must be framed. The shipment will be made within 2 weeks after purchase.

The Customer will receive by email the tracking number sent by the Artist to follow his parcel.

PORT COSTS AND OTHER COSTS

Shipping costs vary according to the weight of the order and the destination. In case of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. Customs duties, import duties, state taxes or other local taxes may be payable. These rights and sums are not the responsibility of the Artist. They will be the responsibility of the customer and are the responsibility of the customer, both in terms of declarations and payments to the competent authorities and bodies of his country. The artist advises him to inquire about these aspects with his local authorities. The shipping costs are indicated before the order is validated and on the estimate if it is a custom work.

LIABILITY

L Under no circumstances will a product be sent in a condition that does not conform to its description.

In accordance with article L221-15 of the Consumer Code, the Artist remains responsible for the proper execution of the delivery until the actual delivery of the order to the Customer. However, the Artist shall not be liable for any delay or damage attributable to the carrier, subject to proof of good shipping and packaging. No claim for compensation may be made by the Customer. In addition, the Customer takes physical possession of the products ordered, the risk of loss or damage of the products is transferred to the Customer when he takes physical possession of the product(s) concerned.

In accordance with the provisions of article L221-18 of the Consumer Code, the Customer has a period of fourteen days from the receipt of the order to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of the costs of return.

Before the expiration of the withdrawal period and for any request for withdrawal, exchange or refund, the Customer may contact the Artist at the following email address: contact@marion-roy.com or through the contact form by specifying the name of the product(s) and providing one of the following documents:

  • Standard withdrawal form provided with the contract (model available) Here)
  • Other writing expressing your will to retract you

RETURN PROCEDURE

The Customer has 14 days after receipt of his order to return his purchases. This right of withdrawal can only be exercised for complete products in perfect condition, returned in their original state with a copy of the purchase invoice received by mail. In this context, the responsibility of the Customer is engaged. Articles returned incomplete, damaged, damaged, dirty or without their original packaging shall not be taken over or exchanged.

In the event of the exercise of the right of withdrawal and subject to compliance with the above conditions, the Artist undertakes to make an exchange, an asset or a refund (paid by transfer), within 14 days of the recovery of the products.

EXCEPTIONS TO THE RIGHT OF RETRACTATION

In accordance with article L221-28 of the Consumer Code, the right of withdrawal does not apply to orders for custom works, being goods manufactured at the request of the Customer.

In accordance with French legislation, all original works presented on this Site are subject to legal guarantees of conformity and hidden defects. In case of non-compliance, the Customer may request a return, refund or exchange by contacting the Artist at the following email address: contact@marion-roy.com or via the contact form.

In the event of a complaint, the Customer will have to prove the presence of the non-conformity or hidden defect and will have to demonstrate that the latter has been present since the acquisition. For more information:

In the event of disputes between the Artist and the Customer and in accordance with Article L612-1 of the Consumer Code, the Customer may appeal « free of charge to a consumer mediator for the amicable resolution of the dispute ». The Customer may also use the European online dispute resolution platform.

The works made by the artist are guaranteed by the latter as long as he has the right to own these works. Thus, it is up to the client who acquires a work to have the work(s) insured at his convenience and with the company of his choice. Therefore, the artist's responsibility will no longer be engaged once the purchase act has been effected, whether for a degradation or theft.

The artist reserves the right to modify these general terms and conditions of sale, the conditions applicable are those in force when purchasing the product or signing the estimate.

For further information, please contact the Artist at the following email address: contact@marion-roy.com or via the contact form.