This English text is a courtesy translation of the French General Terms and Conditions of Sale.

In the event of any discrepancy, the French version alone prevails, and the contract is governed by French law (see Article 15). 

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EVEN ARTISTS DON'T ESCAPE THE FINE PRINT... because we handle demanding and sensitive works of art. : )

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Please take note of the following:

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Original creations and art editions react to their environment: their colours and expressiveness may change and fade. So that you may enjoy your works for a long time, you must not expose all or part of them to ultraviolet rays (direct or strong natural light), hang them directly above heaters or convectors, or subject them to humidity higher than that of normal living rooms. Original works and art editions are therefore not suited to outdoor spaces, cellars, damp rooms or kitchens.

 

The provisions below set out the general terms and conditions of sale for the creations offered by Caroline MABY - sole trader (Entrepreneur individuel) on her website www.carolinemaby.art. Any order for a work or an edition of a work offered for sale on www.carolinemaby.art implies acceptance of these terms.

 

 

GENERAL TERMS AND CONDITIONS OF SALE

In force as of 26/07/2026

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ARTICLE 1 – SCOPE

This contract sets out the rights and obligations of Caroline MABY - sole trader (Entrepreneur individuel) and of the Customer in connection with the sale of the works offered through the website www.carolinemaby.art. These general terms and conditions of sale constitute the entirety of the rights and obligations of the parties in connection with this sale, and no other condition may be incorporated into them, save those expressly accepted by Caroline MABY. Caroline MABY reserves the right to modify these terms at any time; the terms applicable to an order are those in force on the day the order is placed.

 

ARTICLE 2 – BUSINESS DETAILS

Caroline MABY - sole trader (Entrepreneur individuel) - painter registered with the Maison des Artistes (the French social-security body for visual artists) under registration number M746617. Business located at 18, rue du Mont Fleury, 35400 Saint-Malo, France. Telephone: +33 (0)6 83 63 73 81. SIRET 488 047 523 00011. NAF code 9003A. Intra-Community VAT number FR40488047523. Email: atelier@carolinemaby.art.

Caroline MABY is the professional who is liable to the Customer under the legal guarantee of conformity and the guarantee against hidden defects referred to in Article 11.

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ARTICLE 3 – THE OFFER ON THE SITE

The creations offered for sale comply with the French legislation in force and the standards applicable in France on the date of purchase.

Each work is presented with a description stating whether it is an original creation or an art edition, together with the process used and, for editions, the print run and numbering, in accordance with Decree No. 81-255 of 3 March 1981 on the suppression of fraud in transactions involving works of art and collectors' items (décret n° 81-255 du 3 mars 1981). Each work is accompanied by a certificate of authenticity stating, where applicable, its number within the print run.

The photographs representing the creations are indicative: the actual colours of the works and editions (subtractive system) may differ from the colours reproduced by a digital display (additive system).

Prices are stated in euros, inclusive of all taxes, with VAT of 5.5% included in respect of the sale of original works of art by the artist. They do not include delivery costs, which are shown separately before the order is confirmed. The work is delivered by post or by carrier; it may also be collected from the Saint-Malo studio, by appointment.

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ARTICLE 4 – ORDER

The registration of an order in the shop and its validation by the buyer take place when the buyer clicks on "Pay with [the chosen payment method]". This registration implies acceptance of the entirety of these general terms and conditions of sale and constitutes proof of the date on which the order was placed. The buyer's order is confirmed by Caroline MABY by email. Before validation, the Customer has the technical means to check and correct the details of the order.

 

ARTICLE 5 – PAYMENT

All orders are payable in euros. Caroline MABY reserves the right to suspend or cancel any order and/or delivery, whatever its nature and stage of completion, in the event of non-payment or of any incident attributable to the buyer.

To pay for the order, the buyer has the following payment methods: PayPal and payment card (Carte Bleue, Maestro, e-Carte Bleue, Mastercard, Visa, Visa Electron). For card payments, the debit is made upon validation of the order, subject to the debit authorisation issued by the relevant payment centres; failing which, the order cannot be processed. The payment order may be revoked in the event of fraudulent use of the card, in accordance with the agreement between the Customer and their bank.

Card transactions are secured by the payment provider Stripe. Payment data is neither collected nor stored by the website www.carolinemaby.art; it is processed directly by Stripe in accordance with its own security terms.

 

ARTICLE 6 – RETENTION OF TITLE

The work delivered remains the property of Caroline MABY until full and final payment of its price.

 

ARTICLE 7 – RIGHT AND PERIOD OF WITHDRAWAL

A Customer who is not satisfied with the work ordered on the website may exercise their right of withdrawal. In accordance with articles L221-18 et seq. of the French Consumer Code (Code de la consommation), the withdrawal period is fourteen (14) days from receipt of the work.

To exercise this right, the Customer informs Caroline MABY of their decision to withdraw by means of an unambiguous statement, sent by post or by email to: Caroline MABY, 18, rue du Montfleury, 35400 Saint-Malo, France — tel. +33 (0)6 83 63 73 81 — email: atelier@carolinemaby.art. The Customer may use the model withdrawal form set out in the annex to these terms for this purpose, although this is not mandatory. In order to meet the deadline, it is sufficient for the Customer to send their decision before the fourteen-day period expires.

The Customer returns the work without undue delay and at the latest within fourteen days of communicating their decision. The creations must be returned in the same perfect condition as when they left the studio. The direct cost of returning the work remains payable by the Customer; owing to the fragility and value of the works, this cost may be high, of which the Customer is expressly informed.

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to works made to the Customer's specifications or clearly personalised, under the conditions set out in Article 12.

 

ARTICLE 8 – REFUND ARRANGEMENTS

In the event of withdrawal, Caroline MABY refunds the Customer all sums paid, including the outbound delivery costs at the rate of a standard delivery, at the latest within fourteen (14) days of the date on which she is informed of the withdrawal decision. Where the Customer has expressly chosen a more expensive delivery method than the standard delivery offered, the corresponding additional cost is not refunded.

Caroline MABY may defer the refund until the work has been recovered or until the Customer has provided proof of its dispatch, the date used being whichever of these occurs first. The refund is made using the same means of payment as that used for the order, unless the Customer expressly agrees to another means. The Customer may also request the exchange of the work for another of the same value.

 

ARTICLE 9 – DELIVERY AND TRANSFER OF RISK

Caroline MABY undertakes to deliver the order within a maximum of thirty (30) days from validation of the order. Postal shipments are tracked (Colissimo, a service of La Poste) or entrusted to a carrier. Delivery times range from 2 days for France to 5–7 days for the rest of the world. An email confirming the tracking number is sent when the parcel is dispatched.

The largest formats of art editions and original works are wrapped in acid-free tissue paper, rolled at a wide diameter and inserted into a waterproof protective polypropylene film. All parcels are shipped in reinforced, high-quality, shock-resistant cardboard containers. The creations are delivered to the address indicated by the Customer on the order form, in mainland France as well as abroad. Invoices are sent by email to the address provided when the account was created or the order placed.

In accordance with articles L216-4 et seq. of the French Consumer Code, the risk of loss of or damage to the work is transferred to the Customer only when the Customer, or a third party designated by them, takes physical possession of it. If damage is found on receipt, the Customer undertakes to report it by email or post, together with photographs, as soon as possible after receipt of the parcel. Caroline MABY will then refund or exchange the creation, as the Customer wishes.

 

ARTICLE 10 – WORKS NOT COLLECTED FROM THE STUDIO

Where the Customer has chosen to collect the work from the studio rather than have it shipped by post or carrier, Caroline MABY notifies the Customer by email that the work is available. The Customer then has thirty (30) days either to collect it by appointment or to request its dispatch, at their expense.

Upon expiry of this period, and after a formal notice sent by registered letter has remained without effect for fifteen (15) days, storage charges of thirty (30) euros per month or part thereof may be invoiced in respect of the safekeeping and insurance of the work. These charges accrue until the work is actually collected or dispatched.

Until the Customer takes physical possession of the work, the risk of loss or damage remains with Caroline MABY, in accordance with articles L216-4 et seq. of the French Consumer Code.

If the work has been neither collected nor claimed within three years from the notification referred to in the first paragraph, despite the reminders and formal notices sent to the Customer, Caroline MABY reserves the right to have it sold under the conditions laid down by the French Law of 31 December 1903 on the sale of certain abandoned property (loi du 31 décembre 1903 relative à la vente de certains objets abandonnés). The proceeds of such sale are applied to the payment of any storage charges still outstanding, any balance being held at the Customer's disposal.

 

ARTICLE 11 – LEGAL GUARANTEES

Independently of any commercial warranty, the Customer benefits from the legal guarantee of conformity provided for in articles L217-3 et seq. of the French Consumer Code and from the guarantee against defects of the thing sold (hidden defects) provided for in articles 1641 et seq. of the French Civil Code (Code civil).

Under the legal guarantee of conformity, the Customer has a period of two years from delivery of the work in which to act; they may request the repair or replacement of the work and then, under certain conditions, a price reduction or rescission of the sale. Under the guarantee against hidden defects, the Customer may choose between rescission of the sale and a price reduction, under the conditions of articles 1644 et seq. of the French Civil Code.

To invoke these guarantees, the Customer contacts Caroline MABY at the details given in Article 2. It is noted that the unique character and sensitivity of works of art (variations in tone, patina, natural evolution of materials over time) do not constitute defects of conformity where they are inherent in the nature of the creation and indicated in the preamble to these terms.

 

ARTICLE 12 – WORKS MADE TO ORDER

Where the Customer orders a work made to their specifications or clearly personalised, the following provisions apply in addition to these terms.

The price of the work is paid in instalments, in the form of down payments (acomptes) corresponding to a firm commitment by the Customer: forty per cent (40%) of the total amount on ordering, thirty per cent (30%) at the midpoint of production, and the balance of thirty per cent (30%) on delivery. Production of the work begins upon receipt of the first instalment.

The instalments paid remunerate the work undertaken and the materials ordered for this unique piece. Should the Customer withdraw or change their mind, the sums already paid remain acquired by Caroline MABY, as compensation for the work carried out and the costs incurred, and give rise to no refund. Conversely, if Caroline MABY does not deliver the commissioned work, she undertakes to refund the Customer all sums paid.

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal provided for in Article 7 does not apply to works made to the Customer's specifications or clearly personalised, of which the Customer is informed before the order is validated.

 

ARTICLE 13 – PERSONAL DATA

The information collected when placing an order is processed by Caroline MABY as data controller. It is collected solely to process and track the order, issue invoices and respond to the Customer's requests. The legal basis for this processing is the performance of the contract of sale as well as compliance with Caroline MABY's legal and accounting obligations.

The data is kept for as long as necessary for these purposes and then for the statutory retention periods applicable to commercial and accounting documents. It is neither sold, rented nor transferred to third parties, and is disclosed only to the providers strictly necessary for performance of the order, namely the payment provider (Stripe) and the carrier responsible for delivery (La Poste or UPS).

In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act, the Customer has a right of access, rectification, erasure, restriction, objection and portability of their data. They may exercise these rights by writing to atelier@carolinemaby.art or to the address given in Article 2, and may lodge a complaint with the French data-protection authority (Commission nationale de l'informatique et des libertés, CNIL).

 

ARTICLE 14 – COMPLAINTS AND AMICABLE SETTLEMENT

In the event of a difficulty, the Customer first sends their complaint to Caroline MABY, by post or email at the details given in Article 2, in order to seek an amicable solution together.

In accordance with articles L611-1 et seq. of the French Consumer Code, the consumer Customer also has the right to have free recourse to a consumer mediator (médiateur de la consommation) with a view to the amicable resolution of any dispute with Caroline MABY. The details of the competent mediation body will be specified in this Article.

 

ARTICLE 15 – GOVERNING LAW AND SETTLEMENT OF DISPUTES

These general terms and conditions of sale are governed by French law. A consumer Customer residing in another Member State of the European Union retains the benefit of the mandatory protective provisions of the law of their country of residence.

The parties undertake to seek an amicable solution before any legal action, where appropriate through the mediation provided for in Article 14. Failing an amicable agreement, the dispute is brought before the competent court under the ordinary rules of jurisdiction; the consumer Customer may in particular bring the matter, at their choice, before the court of the place where they resided at the time the contract was concluded or where the harmful event occurred.

For information, the court of first instance in whose district Caroline MABY has her registered place of business is the tribunal judiciaire de Saint-Malo (the Saint-Malo civil court of first instance), appeals being heard by the cour d'appel de Rennes (the Rennes Court of Appeal). No provision of this contract may, however, deprive the consumer Customer of their right to bring the matter before the court of their choice under the conditions set out above.

 

ARTICLE 16 – FORCE MAJEURE

The parties cannot be held liable where the failure to perform their respective obligations is due to force majeure. The following are regarded as cases of force majeure: strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises and installations, manufacturing incidents, disruptions to transport, supply difficulties and any other fortuitous event that prevents or delays, wholly or partially, the performance of Caroline MABY's obligations. Force majeure suspends performance of the contract; if it lasts longer than one (1) month, the Customer may cancel the current order, in which case a refund is made under the conditions set out in Article 8.

 

ARTICLE 17 – REPRODUCTION RIGHTS AND INTELLECTUAL PROPERTY

By purchasing an original creation and/or an art edition by Caroline MABY, the Customer acquires only ownership of the finished object. No right of use is conferred. Any reproduction (printing, drawing, engraving, photography, casting and any process of the graphic and plastic arts, mechanical, cinematographic or magnetic recording), distribution, rental, making available to the public or other analogue or digital exploitation is prohibited. The reproduction rights remain the entire property of Caroline MABY, as does her moral right, which is inalienable and imprescriptible.

The Customer may resell the original creation and/or the art edition. The resale of an original work through an art-market professional may give rise, for the benefit of the artist, to the resale right (droit de suite) provided for in articles L122-8 et seq. of the French Intellectual Property Code.

 

ARTICLE 18 – PARTIAL INVALIDITY

If one or more provisions of these general terms and conditions of sale were to be held illegal or deemed unwritten, such illegality would not entail the nullity of the other conditions, which would retain their full force and effect.

 

 

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ANNEX – MODEL WITHDRAWAL FORM

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

To Caroline MABY, 18, rue du Montfleury, 35400 Saint-Malo, France — email: atelier@carolinemaby.art — tel. +33 (0)6 83 63 73 81:

I hereby give notice of my withdrawal from the contract for the sale of the work below:

• Title of the work: ......................................................

• Description of the work: ......................................................

• Format of the work: ......................................................

• Medium of the work: ......................................................

• Ordered on / received on: ....................................................

• Customer's name: .............................................................

• Customer's address: .........................................................

• Customer's signature (only if this form is notified on paper): ...............

• Date: .......................................................................

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