The contract of sale is conducted between the seller (Atelier de la Barbacane, for the artist Stephen Clary, via the website claryart.com), and a buyer, as part of a remote sale system. These terms and conditions apply only to items purchased from the online shop claryart.com. They do not apply to personalised commissions. Personalised commissions operate under their own terms and conditions which are provided to a customer during the commissioning process.
By accessing or using the Site or Services the buyer represents and warrants that are 18 or older and have the legal capacity or hold parental permission allowing them to place an order on the website.
Stephen Clary retains the copyright of all artwork. It must not be copied, re-created in any form, or used without written permission. This copyright shall be strictly enforced and protected by English and international copyright laws.
PLACING AN ORDER:
When you place an order it constitutes an offer to purchase goods from claryart.com at the currently advertised price. Prices are in Euros, VAT non applicable as per Article 293B of the French Tax Code. Prices do not include postage and packing costs, which will be added at the time of ordering. Those costs are in line with the prices currently charged by La Poste as well as the packaging costs. In the case of larger items on canvas, the buyer should contact l’Atelier de la Barbacane by email if they wish to be provided with a fuller description of the artwork as well as details of postage and packing.
The payment is effected in full at the time of ordering, without discount and in euros. Any customs duties due are not included in the sale price and become solely the responsibility of the buyer.
The proposed method of payment is through PayPal transfer. The transaction is thus managed on the server of our banking partner. The buyer must indicate the number of their bank or credit card, its expiry date and the last three digits of the security code on the back of the card. Data is encrypted and transmitted through a secure SSL protocol. The purchaser can pay by credit card on PayPal, whether or not they have a Paypal account. The payment is instant and secure through the Paypal site. If payment is effected in other currencies the current exchange rate will be applied by Paypal.
The Paypal terms and conditions of use apply.
ACCEPTANCE OF AN ORDER:
Should claryart.com be unable to complete an order, payment will be refunded to you in full.
Availability of stock: Where items are unavailable, you will be given the choice of a different but similar item or a refund on your order.
VARIATION IN PRODUCTS:
Colours may vary from those shown on the website or in printed samples. The buyer understands and agrees that claryart.com uses commercially reasonable efforts to display the colours of original works of art and printed works accurately via the site. However, because individual computer monitors may display colours differently, claryart.com is not responsible for the colour accuracy of any original work of art or printed work displayed on the site, and disclaims all liability in this regard.
We aim to ship items within a week of an order being received, unless extraordinary circumstances. Should we be unable to ship within a week you will be contacted to be informed of the delay. All items are shipped by Colissimo France or Colissimo International. Claryart accepts no liability for items being delayed through no fault of their own. Deliveries to countries outside the EU may be liable to customs charges. By placing an order the buyer understands that they may be charged extra upon delivery.
If you are not satisfied with any product please contact claryart by email (firstname.lastname@example.org) within a week. You may return unwanted items in their original and un-used condition within 10 days of receipt for a replacement or refund. No replacement or refund will be given until claryart has received the items returned and is happy that the product is in its original and unused condition. You are liable for the cost of returning an unwanted item. When refunds are due they will be made by cheque. The original delivery cost of an item will not be refunded.
To cancel an order please email us at email@example.com as soon as possible. Orders that have already been despatched will need to be returned as a Refund (see above section). An administration fee may be deducted for cancellations made after items have been packaged.
Claryart.com reserves the right not to register a payment and therefore not to accept an order for any reason such as a supply problem or foreseeable delivery at the time of the order. The Customer will be informed by e-mail – sent to the email address they have entered when creating their account on the site claryart.com.
Every effort is made to ensure that all information about products and materials is as accurate as possible but claryart and l’Atelier de la Barbacane accept no liability for any errors or inaccuracies in correspondence or on the website.
Claryart reserves the right to amend or replace these Terms and Conditions at their discretion. Amended Terms and Conditions will be added to our website.
Atelier de la Barbacane,
35 Grand Rue de la Barbacane,
Our trading number is:
Siret No. 817 710 981 00017 Atelier de la Barbacane
The European General Data Protection Regulation (GDPR)
Information I Collect
To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order for example), if you contact me directly.
Why I Need Your Information and How I Use It
I rely on a number of legal bases to collect, use, and share your information, including:
as needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services.
The third parties with whom I might share personal information
Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:
Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.