LEGAL NOTICE – General Terms of Sale – SHIPPING AND REFUND POLICY
COPYRIGHT – TAX DEDUCTION

Website Presentation

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, the identity of the different actors involved in the creation and maintenance of the website www.brigittebarberane.com is specified to users:

Owner: Brigitte BARBERANE
Creator: Camille TORREILLES
Publication Manager: Brigitte BARBERANE
Webmaster: Luc de Fr
Host: OVHcloud

General Terms of Use of the Website and Offered Services.

Brigitte BARBERANE (E.I.), hereinafter referred to as “the artist”
Studio 14 rue du Dr Magne 34140 MÈZE – Occitanie – FRANCE
Registered with Urssaf as an artist-author, under SIRET number 45210361700026
Maison des Artistes R297560 – Member of @DAGP (Society of Authors in Graphic and Plastic Arts)

The use of this website implies full acceptance of the general terms of use described below. These terms may be modified or supplemented at any time, so users are encouraged to check them regularly.
This website is regularly updated by the artist. Similarly, the legal notices may be modified at any time and are binding on the user, who is encouraged to refer to them as often as possible to stay informed.

GENERAL TERMS OF SALE :

All paintings for sale on the website www.brigittebarberane.com are the work of the artist, created exclusively by her based on her sources of inspiration. These general terms of sale govern their distance selling to individuals or legal entities. They must be read and accepted before placing an order, which implies adherence to them. All information and details provided on the website and any other communication media are given as guidelines and may be modified by the artist without notice and will then apply to any subsequent orders.

ORIGINAL WORKS

The artist guarantees the authenticity of her original works. Each work is unique – both aesthetically and vibrationally – signed at the bottom right, initialed on the back with indelible ink visible in the studio (except for outdoor exhibitions), with the format and technique specified in the description.
Digital photos tend to “flatten” the textures, and they cannot fully capture the original painting. They are therefore not contractual, and due to various technical parameters related to the computers where they are viewed, they may slightly differ from the original.

Purchases

The prices are precisely indicated on the work description pages, including taxes (VAT not applicable, Article 293-B of the CGI) and in euros.

In accordance with the provisions of the Civil Code on online contract formation, the contract is concluded when the buyer clicks the button to confirm the order, after reviewing the details, particularly the total price, and having had the opportunity to correct any errors. Any order constitutes acceptance of the price and the description of the artwork at the time of sale. The buyer declares to have the capacity to enter into a contract, to be of legal age, and not under guardianship or conservatorship.

Orders can also be placed by email at contact@brigittebarberane.com.

Purchases come with an invoice but do not grant any rights of representation, distribution, or reproduction to the buyer. Only the artist holds the inalienable ownership of the copyright for all her creations. Any derivative works, printed or digital, must be authorized in writing by the artist and may incur additional charges (see the copyright section). The artist will confirm receipt of the order to the buyer by sending an email, after verifying the availability of the artwork. It may happen that an original artwork listed as “available” on the site is sold directly from the studio in the hours preceding the order. In this case, as the original artwork is never reproduced exactly, a refund will be issued as soon as the artist becomes aware of the situation.

(To avoid this, it is possible to contact the artist before finalizing the purchase).

The artworks are insured until the sale and during transport. The artist cannot be held responsible for any damage to the artwork or theft once it is in the possession of the buyer, who will then decide whether to insure the artwork or not.

Commissions

Production Timelines
The production timelines vary. For a specific subject commission, the artist can provide an estimated timeline, but it is indicative and without guarantee. For a commission of a Symbolic Portrait (Inner Portrait), an approximate timeline will be provided by the artist at the beginning of the work.
The artist cannot be held responsible in case of exceeding the timeline.

Creation of the Work
Acceptance of a commission by the artist requires a 50% deposit of the total price. Once the painting is finished, the artist will contact the client to arrange collection or delivery… This can only be done after the remaining payment has been received.
If for any reason the client refuses and invalidates their order, the artist also applies the right of withdrawal and refund (see relevant sections).

Shipping and Deliveries
Shipping will be done after payment is received.
Worldwide Shipping
Fast Shipping

Deliveries are secure and insured for the purchase price. Shipments are made via Colissimo for packages with a maximum dimension of length + width + height ≤ 200 cm and a weight ≤ 30 kg or 20 kg depending on international destinations (including packaging), and beyond, by the carrier chosen by the artist.

Shipping fees for France are covered by the artist.
Shipping fees to other countries are borne by the buyer, along with any import duties such as customs fees and VAT. These charges are the responsibility of the buyer and not the artist (declarations, payment to the relevant authorities, etc.).
The artist encourages the buyer to inquire about these matters with the relevant local authorities. The sale is only final once the shipping rate for the indicated country has been agreed upon and validated, and the payment for the order, including shipping fees, has been confirmed.

Shipping Policy

Packages are shipped once a week (variable day) to the address provided at checkout.
The buyer will receive a notification with a tracking number once the order is shipped. For France, delivery typically takes 2 to 3 days.
In case of non-receipt within these timelines, the buyer can check with their tracking number at: https://www.laposte.fr/outils/suivre-vos-envois and, if necessary, contact the artist.
Outside of France: Please allow up to 5 days to process and prepare your order for shipment. You will receive a notification with a tracking number when your order has shipped. Delivery can take up to 15 days. You will have to sign to receive your parcel.
Customers from outside the European Union are responsible for all duties and taxes related to the import of purchased products.
We are not responsible for any shipping delays or lost, stolen, or damaged products in relation to the shipping carrier.

Please check the packaging and product for damage before accepting it.
Payment Methods
– Credit Card
– Bank Transfer
– Paypal

Payment is due immediately upon ordering.
Once the payment is initiated by the buyer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the payment commitment made by card is irrevocable. By providing their banking information at the time of purchase, the buyer authorizes the artist to charge their card for the indicated price.

The buyer confirms they are the legal holder of the card to be charged and are legally entitled to use it. Any payment incident automatically cancels the sale and authorizes the artist to dispose of the artwork as their sole property, for exploitation and online publication.

Receipt of the Order

Upon receipt of the order by the buyer or the recipient of the artwork, or any other person present during delivery, it is expressly stated that the person receiving the painting must check the condition of the contents and unpack the artwork before signing the delivery receipt. If anomalies are noticed, they must be written, clearly indicated on the receipt with the words “reserves below.” Otherwise, the artwork will be considered delivered in good condition and no claims will be accepted.

Right of Withdrawal

You have a 14-day legal period during which you can return your purchase after notifying the artist. In its original packaging, by the same carrier and service, insured for the same value (Shipping costs at your expense, including insurance at the purchase price) to Atelier Brigitte Barberane, 14 rue du Dr Magne 34140 MÈZE (FRANCE).
Refund of your initial payment within 14 days after receiving the returned works, identical to those sent, by the same payment method used for the purchase.

Exception to the Right of Withdrawal

Legally, the exercise of the right of withdrawal is excluded for commissioned paintings, but by the artist’s choice, if the work does not meet your expectations, you can return it after contacting the artist, and the purchase price will be refunded. It is understood that in this case, the artwork will be put up for sale by the artist.

Tax Deduction for the Acquisition of an Original Artwork

According to the first paragraph of article 238 bis AB of the General Tax Code, a company purchasing original works of living artists and registering them as fixed assets can deduct, over the course of the acquisition year and the following four years, an amount equal to the purchase price in equal installments. The deduction made cannot exceed, per fiscal year, 5 per thousand of the company’s turnover.
In exchange for this tax deduction, the company must display the acquired works in a location accessible to clients and/or employees of the company for a period of five years. The decision to apply this deduction is at the discretion of the company and does not require prior approval from the authorities. This deduction must be allocated to a special reserve account listed in the liabilities of the balance sheet. In the event of a sale, any excess over the purchase price is subject to the professional capital gains tax regime and benefits from reduced taxation if the sale occurs after two years.

REPRODUCTIONS

When the original artwork is no longer available for purchase, it may, at the artist’s discretion, be reproduced (see characteristics below) :
– A3 format (42 x 29.7 cm) regardless of the original size.
– High-definition laser printing on Clairefontaine 250g paper digital color printing
– Hand-signed
– In a 30-micron self-adhesive flap cellophane sleeve (can be displayed as is or removed for framing – frame not included)

No other type of reproduction, regardless of the medium or format, is offered.

Shipping and Deliveries

Shipping fees for France (Tracked Letter) are €7, free for orders of 3 reproductions or more.
Shipping after receipt of payment (by Credit Card, Bank Transfer, PayPal)
Worldwide delivery by La Poste with tracked mail according to the current rates

Right of Withdrawal

You have the legal right of 14 days during which you can return your purchase after notifying the artist, in its original packaging, via tracked mail (shipping costs at your expense).

COPYRIGHT

French law considers that the author of a work of the mind holds exclusive intellectual property rights over that work by the mere fact of its creation, which is opposable to all. (Article L.111-1 of the Intellectual Property Code). The artist has, in particular, moral rights – the respect for their name, quality, and work – which are perpetual, inalienable, and imprescriptible. The rights on the work of any other person are limited to private use, excluding any right of representation, dissemination, or reproduction, which only the author can dispose of.
All orders placed with the artist are for the personal use of the buyer, who is prohibited from reselling the works, either partially or in full.

Any reproductions, representations, uses, or modifications, by any means whether printed or digital, in any form, of all or part of a creation, other than individual and private viewing, are strictly prohibited and constitute an infringement. Unless formal written authorization is obtained in advance from the artist (which may result in additional charges).

The artist wishes to protect the integrity and clarity of their ideas and concepts regarding their work and, for this purpose, expects that their wishes and opinions be taken into account.

The buyer and the artist acknowledge that the value of the artwork will increase in the future. The buyer and the artist acknowledge that it is desirable and fair that the artist benefits from any increase in the artwork’s value.

Acceptance and Dispute

In case of a dispute, an amicable agreement is strongly preferred. Otherwise, only the Court of First Instance in Montpellier is competent.
By placing an order, you certify that you have read and accepted these general terms of sale.

Brigitte BARBERANE

The personal data collected on this site is necessary for processing orders and generally for managing communication between the artist and her clients. The artist commits to not sharing, free of charge or for compensation, her clients’ contact details with third parties.

In accordance with the law 78-17 of January 6, 1978, relating to computing, files, and freedoms, the client has the right to access, modify, rectify, and delete their personal data, which can be exercised directly with the artist via a simple email request without justification.

All elements of the site “www.brigittebarberane.com,” all texts, all literary, graphic, photographic data, and works presented on the site are protected by copyright and intellectual property rights.