Terms and Conditions of Sale

1. Subject matter and seller

These general terms and conditions of sale (GTC) govern distance sales concluded via the website nellsechoes.com between Nazha EL ANSARI LORIDAN EI (Dr Nell), a sole trader (SIREN 991 181 595, 63 rue de la République, 59360 Le Cateau-Cambrésis, France, contact@nellsechoes.com, +33 6 34 53 78 00), hereinafter ‘the seller’, and any natural person acting for non-business purposes, hereinafter ‘the buyer’.

All orders imply acceptance of the Terms and Conditions in force on the date of the order. The French version of the Terms and Conditions shall prevail.

2. Products and services

The website offers:

• original works, one-off pieces by the artist;
• prints (posters, canvases) produced on demand by a printing partner and dispatched directly to the buyer;
• digital content: online video lessons, articles and e-books in PDF format;
• live online sessions (one-to-one or in small groups) at fixed dates and times;
• a subscription (monthly or annual) providing access to digital content;
• from time to time, online auctions of original works;
• the option to leave a tip of your choice (‘Leave a tip’).

Some works are listed as ‘price on enquiry’: they are not sold online; the sale is concluded in person at the studio. Commissions for bespoke works are subject to a quotation and a specific agreement.

The photographs are as accurate as possible; there may be slight differences in colour depending on the screen used.

3. Price

Prices are shown in euros, inclusive of all taxes. TVA non applicable, art. 293 B du CGI.

Any delivery charges are shown before payment is confirmed. The applicable price is the one displayed at the time of ordering.

4. Ordering and payment

The order is confirmed upon completion of the online payment, which is secured by Stripe. The contract is formed upon confirmation of payment. A confirmation email summarising the order is sent to the buyer.

In accordance with the international sanctions in force (European Union, United Nations and, through the payment providers, United States), purchases, bookings, memberships, auctions, applications and account creation are not offered to people located in countries and territories under broad sanctions. At the date of these terms: Russia, Belarus, Iran, North Korea, Cuba, Syria, Crimea, Sevastopol and the Donetsk and Luhansk regions (Ukraine). The seller may refuse or cancel, with a refund, any order that would breach these measures, in particular a delivery to these countries or territories.

The seller does not store any credit card details.

5. Delivery

Artworks and prints are delivered to the address provided at the time of payment, to the countries listed at the time of ordering. Unless a different delivery time is stated on the product page, delivery will take place no later than 30 days after the order is placed.

Prints are produced on demand by the printing partner, as close as possible to the delivery address.

The risk of loss or damage passes to the buyer at the moment they take physical possession of the parcel. To ensure a prompt claim can be made against the carrier, the buyer is asked to check the parcel on delivery, note any reservations with the carrier and report any damage to the seller within 48 hours, providing photographic evidence. This requirement in no way limits the buyer’s rights under statutory guarantees.

Digital content is available immediately after payment via the customer portal.

6. Right of withdrawal

For original works (including those purchased at auction on the website) and prints, the buyer has 14 days from the date of receipt to exercise their right of withdrawal, without having to give a reason for their decision (Article L221-18 of the Consumer Code).

To exercise this right, the buyer must inform the seller of their decision by means of an unambiguous statement, either by email to contact@nellsechoes.com or using the form provided in the appendix. The seller will then provide the buyer with the return address and instructions; the return will be arranged in agreement with the seller.

The buyer must return the goods no later than 14 days after notifying us of their decision. The buyer is responsible for the cost of returning the goods. The return must be sent by tracked and insured post for an amount equal to the price paid; the goods are transported at the buyer’s risk.

The seller shall refund the full amount paid, including the original delivery charges (with the exception of any additional costs arising from the choice of a delivery method more expensive than the standard option), no later than 14 days after being notified of the decision to withdraw. The seller may defer the refund until the goods have been returned. The refund will be made using the same payment method as that used for the order.

7. Conditions for the return of original works

The purchaser may unpack and examine the artwork. Any handling beyond what is necessary to establish its nature and characteristics will render the purchaser liable in the event of any depreciation (Article L221-23 of the Consumer Code).

Before dispatch, each original work is the subject of a dated photographic condition report (front, back, edges, signature), a summary of which is included on the certificate of authenticity. The returned work is compared with this report.

The following, in particular, do not constitute normal handling:

• mounting using nails, screws or adhesives applied to the artwork or its stretcher frame;
• framing, reframing, mounting on a stretcher frame or cutting;
• applying varnish, cleaning or touch-ups;
• marks, fingerprints on the paint layer, scratches, dents, tears, damp, smoke or damage caused by animals;
• the removal or alteration of the signature or labels.

The artwork must be returned in its original protective packaging or equivalent protection (corners protected, stiff cardboard on both sides, no adhesive on the artwork), together with the certificate of authenticity and any accompanying items.

The seller will inspect the artwork within 5 working days of receipt and provide a report, supported by photographs. In the event of any deterioration, the cost of restoration or, failing that, the loss in value will be deducted from the refund.

Prints must be returned unframed, uncut, free from marks, and laid flat or rolled up as they were on delivery.

8. Exceptions to the right of withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply:

• works produced in accordance with the purchaser’s specifications or which are clearly personalised (bespoke orders);
• digital content (video lessons, articles, e-books, membership content) to which access has commenced following the purchaser’s prior express consent and express waiver of their right of withdrawal, obtained prior to payment; this consent is confirmed in the confirmation email;
• live sessions provided on a specific date, which are subject to the cancellation terms set out in Article 9.

Sales made in person at the workshop are not distance sales and are not covered by this right.

9. Live sessions

The login link is personal and will be sent by email after booking.

• Cancellation by the buyer up to 48 hours before the start of the session: a refund of the amount paid, less the card payment fees charged to the seller (approximately 1.5 per cent of the amount + €0.25), the amount of which is specified at the time of booking.
• Cancellation less than 48 hours in advance or no-show: no refund; the booking may be rescheduled once to another date, subject to availability.
• Cancellation by the seller: a full refund with no deductions, or rescheduling to another date, at the buyer’s discretion.

10. Digital content

The purchase of digital content confers a personal, non-transferable right of access for private use. Any copying, distribution, resale or making available to third parties is prohibited. Video courses can be viewed online; articles and e-books can be downloaded from the customer area.

11. Membership

• Monthly subscription: no commitment required; automatically renewed each month; can be cancelled at any time via the customer portal; cancellation takes effect at the end of the current month, for which payment has already been made.
• Annual subscription: 12-month commitment, paid in a single instalment, automatically renewed each year. Automatic renewal can be disabled at any time via the customer portal; access remains active until the end of the paid period. In accordance with Article L215-1 of the Consumer Code, the seller shall inform the subscriber by email, between one month and three months before the expiry date, of the option not to renew the subscription.

The content available under each subscription package is described on the Membership page. In the event of non-payment, access will be suspended until payment has been made.

12. Auctions

Online auctions are organised directly by the artist for their own works; these are not public auctions. Each bid is binding on the bidder. Upon closure, the highest bidder is notified by email and has 48 hours to pay for their purchase; the sale is finalised upon payment. If payment is not made within this period, the seller may offer the artwork to another buyer. The right of withdrawal under Article 6 applies after delivery.

13. Leave a comment

An ‘echo’ is a voluntary tip intended to support the artist’s work, with no expectation of anything in return. It is non-refundable, except in the case of an obvious error (such as an incorrect amount) reported by email within 14 days.

14. Statutory guarantees

Artworks and prints are covered by the statutory guarantee of conformity (Articles L217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code).

Under the statutory guarantee of conformity, the purchaser has a period of two years from the date of delivery of the goods to have them brought into conformity, free of charge: by repair or replacement, or, failing that, by a price reduction or cancellation of the sale. During this period, the buyer is only required to establish the existence of the lack of conformity, and not the date on which it first appeared.

Under the warranty against hidden defects, the buyer may take action within two years of discovering the defect and may seek either the cancellation of the sale or a reduction in the price.

15. Intellectual property

The purchase of a work of art or a print transfers ownership of the item, but not the copyright. Any reproduction or display of the work, particularly for commercial purposes, requires the artist’s prior written consent.

16. Personal data

Data collected when an order is placed is processed in accordance with the website’s privacy policy.

17. Complaints, mediation and governing law

Any complaints may be addressed to the seller by email at contact@nellsechoes.com or by post at 63 rue de la République, 59360 Le Cateau-Cambrésis, France.

In the event of an unresolved dispute, the purchaser may, free of charge, refer the matter to the consumer ombudsman within one year of submitting their written complaint: XXX, XXX (XXX).

These General Terms and Conditions of Sale are governed by French law. In the absence of an amicable resolution, the dispute shall be brought before the competent courts. The consumer buyer retains the protection afforded by the mandatory provisions of the law of their country of residence.

Appendix — Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of Nazha EL ANSARI LORIDAN EI (Dr Nell), 63 rue de la République, 59360 Le Cateau-Cambrésis, France, contact@nellsechoes.com:

I/we (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the property (*) set out below:

• Ordered on (*) / received on (*):
• Order number:
• Name of consumer(s):
• Address of the consumer(s):
• Signature(s) of the consumer(s) (only if this form is submitted in paper format):
• Date:

(*) Please cross out the irrelevant option.