Terms of Use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

Nature Painting is a brand of DELTA WAVE SARL, a French limited liability company with a share capital of €3,000, registered office 9 rue des Albères, 66370 Pézilla-la-Rivière, France, registered with the Perpignan Trade and Companies Register (RCS) under number 927 749 788, VAT number FR52927749788, which operates the website https://nature-painting.co.uk and sells the artworks offered on it. You can reach us at contact@peinture-nature.com. In these Terms, 'we', 'us' and 'our' mean DELTA WAVE SARL trading as Nature Painting. By using this site, you agree to the terms, conditions, policies and notices set out below.

By accessing our site or purchasing our products, you are agreeing to our ‘Service’ and to abide by these ‘Terms and Conditions of Sale and Use’, together with any additional terms and conditions referred to herein or hyperlinked thereto. These Terms apply to all users of the site, including visitors, merchants, customers and content contributors.

Please read these Terms carefully before browsing our site or making a purchase. By accessing the site or using our services, you accept these Terms in their entirety. If you do not agree with any of these Terms, you must not use the site or the services offered. In the event of an offer, acceptance is strictly limited to the Terms and Conditions.

New features or tools added to our shop are also covered by these Terms, and the current version can be read on this page at any time. We may revise these Terms by publishing a new version on the site. The version that applies to an order is the one in force on the day you place it, and a later revision never changes the terms of an order already placed (Article 27).

ARTICLE 1 - SCOPE OF APPLICATION

These Terms and Conditions govern all sales made via the https://nature-painting.co.uk website.

ARTICLE 2 - CONDITIONS OF USE OF OUR ONLINE SHOP

By accepting these Terms, you certify that you have reached the legal age of majority in your country or region and you authorise the use of the site by any minor in your charge.

The use of our products for illegal or unauthorised purposes is strictly prohibited, and you undertake to comply with the laws in force in your jurisdiction, including copyright laws.

You must not introduce viruses, worms or any other destructive code into our site.

Any breach of these Terms will result in immediate termination of your services.

ARTICLE 3 – GENERAL CONDITIONS

We may refuse or suspend access to our services only for a legitimate reason: a suspected fraud, a payment incident on an earlier order that remains unresolved, abusive use of the site, or a breach of these Terms. These limits protect the security of the site and of the customers who order from it.

Every page of the site is served over an encrypted connection (HTTPS). The personal information you enter, at checkout as anywhere else on the site, is therefore protected while it travels to us, and your card details are always encrypted during payment.

Reproducing, duplicating, copying, selling, reselling or exploiting any part of our Service, its use or access to it, requires our prior written permission. This protects the images, texts and layout that make up Nature Painting, and the work that went into them.

The headings in this document are there to help you find your way through it. They do not change the meaning or the scope of the clauses beneath them.

SECTION 4 – ACCURACY OF INFORMATION

We answer for what we publish. The descriptions, dimensions, frame and finish options, prices, delivery charges and delivery times shown on nature-painting.co.uk are checked by us and kept up to date, and they commit us towards you. The information that applies to your order is the information displayed on the site at the moment you confirm it.

If something on the site looks wrong to you, a size, a price or a description that does not match the picture, write to us at contact@peinture-nature.com: we look into it and correct the page. A correction made after you have ordered never changes what you bought. Section 18 explains how we deal with an error that affects an order already placed.

ARTICLE 5 – PRICES AND CHANGES TO THE SERVICE

Our prices are shown in the currency displayed on the site and are inclusive of VAT where applicable. The price of each painting covers its production, handling and packaging. Delivery charges are not included in it: they are shown at checkout, before you pay (Article 8).

Your order is invoiced and paid in the currency shown at checkout, at the price displayed when you confirm it.

Depending on your destination, import duties or local taxes that are not part of the price displayed may be charged on delivery under the rules of the destination country. Where this applies, they are payable by the recipient.

We may change our prices at any time, for example when our production costs change. A new price applies only to orders placed after the change: an order already confirmed keeps the price displayed when you placed it.

We may also add, modify, suspend or withdraw part of the site or of our services, for instance to offer a new format or to carry out maintenance. These changes apply to the future and have no effect on orders already confirmed.

ARTICLE 6 – PRODUCTS AND SERVICES

Some of our paintings and formats are sold only online. Each product page sets out the essential characteristics of the artwork: its dimensions, its format, the frame or finish options and its price. Every purchase is covered by Article 11 (withdrawal and returns) and Article 21 (legal guarantees).

Our photographs show each painting as faithfully as we can. Colours may look slightly different depending on the settings of your screen.

Each Nature Painting® artwork is produced for your order, so any painting you can add to your basket can be ordered. If, exceptionally, we cannot supply an item you have ordered, we tell you by e-mail as soon as we know and refund that item in full, without delay, to your original payment method. The rest of your order is delivered as planned.

We deliver to the destinations offered at checkout. An offer may set a maximum quantity per order, in which case the limit is shown on the product page or in the offer itself; Article 13 sets out the only cases in which we may reduce an order. An offer is void where the law of the destination prohibits it.

We may stop offering an artwork at any time, which has no effect on orders already confirmed. Price changes are covered by Article 5.

The delivery time that applies to your order is the one set out in Article 10. As long as your order has not been dispatched, you can cancel it by writing to contact@peinture-nature.com, and we refund it in full.

ARTICLE 7 – ORDERS

Each order is recorded by our online ordering system. These records serve as proof of the content and date of your order, unless proven otherwise. Nature Painting® confirms acceptance of your order by e-mail. The sale is concluded when your payment is validated, on the date your online payment is accepted.

We may refuse an order placed by a customer with whom a dispute over the payment of an earlier order remains unresolved. If that new order has already been paid, we let you know and refund it in full.

To order, you choose a painting, its size and finish, and add it to your basket. At checkout you enter your contact details and delivery address and choose your delivery method. Before you pay, a summary shows the paintings you have chosen, the delivery charges and the total price, and you can go back to any step to correct an input error. The contract is concluded in English. We archive each order together with the version of these Terms you accepted; orders of €120 or more are kept for ten years (Article L.213-1 of the French Consumer Code), and we send you a copy on request at contact@peinture-nature.com.

ARTICLE 8 – DELIVERY CHARGES

Delivery charges cover the preparation, packaging and shipping of your order. Their amount for your destination, and any free delivery threshold that applies to it, is shown at checkout before you pay.

We recommend grouping your paintings in a single order: two separate orders cannot be combined into one parcel, and delivery is charged on each order.

ARTICLE 9 – PAYMENT

You can pay by several secure methods, including:

Bank card (Visa, Mastercard), through the secure payment form on the site: you enter the card number, its expiry date and the security code on the back of the card.

PayPal.

Card payments are encrypted and processed on secure payment servers, so your bank details never pass through our site. Your order is recorded as soon as your payment is accepted.

ARTICLE 10 – DELIVERY

We deliver your painting to the address you give at checkout. Nature Painting® delivers internationally, to the destinations offered at checkout, and keeps you informed by e-mail of the preparation and delivery of your order.

Your order is delivered within 6 working days of the order confirmation e-mail to the United Kingdom, Europe, the United States and Canada, and within 15 working days to the rest of the world, Africa and overseas territories included. This time covers the preparation of your painting and its transport.

If your order has not arrived within this time, write to us at contact@peinture-nature.com: we locate your parcel and tell you what we are doing about it. You may also give us a reasonable additional period to deliver. If the parcel has still not arrived by the end of it, you can cancel your order by e-mail, and we refund everything you paid, delivery charges included, within 14 days of your cancellation. You can cancel straight away, without granting any additional period, if we tell you that we will not deliver, or if you told us before ordering that delivery by a given date was essential to you.

Your painting travels at our risk until you receive it (Article 12). If a parcel is lost on its way to you, we send you a new painting or, if you prefer, refund your order in full.

ARTICLE 11 - RETURNS - REFUNDS - WITHDRAWAL

The products sold on https://nature-painting.co.uk/ are new and come with a guarantee covering any manufacturing defects.

For all returns, items must be returned in perfect condition, unused, complete and in their original packaging, with all accessories, user manuals and documents supplied (including the original plastic film and the corresponding invoice).

Right of withdrawal. Independently of the return policy above, you have 14 days from the day you receive your order to cancel it, without giving any reason. You may open and examine the product as you would in a shop. To exercise this right, use the withdrawal form at the top of our Return and refund conditions page, or write to contact@peinture-nature.com. The goods must then be returned within 14 days of informing us, in a condition that allows them to be resold. You may be held liable for any diminished value resulting from handling beyond what is necessary to check the product.

Where the right of withdrawal is exercised, Nature Painting refunds the sums paid by the customer, excluding return costs, within 14 days of receiving the returned item(s).

How to return an item. Once your request is registered, we send you the return address by e-mail. It is located in France. The cost of returning the goods is borne by the customer.

Refunds will be made within a maximum of 14 days of receipt of the returned package. No returns for cash on delivery will be accepted, for whatever reason.

Beyond the 14-day statutory withdrawal period and up to 60 days after receipt, any return accepted by Nature Painting gives rise to a credit note valid across the whole shop. This does not apply to defective or non-conforming products, which fall under the legal guarantees and are refunded to the original payment method.

ARTICLE 12 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS

Ownership of the products is transferred only after full payment of the price by the purchaser, regardless of the date on which the products are delivered. In other words, full ownership of the products will only be transferred to you once your order has been paid for in full.

On the other hand, the transfer of the risks of loss or deterioration of the products takes place at the time of delivery and actual receipt of the products by the purchaser. This means that, as soon as the products are delivered and accepted by you, the risks associated with their loss or deterioration are transferred to you, even if legal ownership of the products has not yet been transferred.

ARTICLE 13 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse an order, or reduce the quantities ordered, only for a legitimate reason: a quantity above the limit stated in an offer, an order that appears to be intended for resale, or a serious suspicion of fraud, for example several orders placed with the same customer account, the same card or the same billing or delivery address in order to get around a limit. If this concerns an order already paid, we act before it is dispatched, we let you know by e-mail or by using the billing address or telephone number you gave at checkout, and we refund the cancelled part in full, without delay, to your original payment method.

You agree to provide accurate, complete and up-to-date information for each order: your name, e-mail address, delivery and billing addresses and payment details. If any of this changes, please update it promptly, so that your painting reaches the right address and we can contact you if needed.

ARTICLE 14 – OPTIONAL TOOLS

We may give you access to optional tools provided by third parties. Their use is governed by the terms of the provider concerned, which you should read before using them, and we are not liable for the way these tools work when you use them for purposes unrelated to an order on our site.

This reservation never covers what serves your purchase. The basket, the checkout, the payment and the information given to you before you order are our responsibility towards you, whatever technology we use to provide them. New services or features we may add in the future will also be governed by these General Terms and Conditions of Sale and Use.

ARTICLE 15 - THIRD PARTY LINKS

Our Service may include elements from third parties, such as content, products or services. Certain links on our site may redirect you to third-party websites with which we are not affiliated. We are not responsible for examining or evaluating the content or accuracy of these sites. We offer no guarantee or responsibility for the content, products, services or other items available on these third-party sites.

We are not responsible for any damage or injury arising from the purchase or use of goods or services offered by these third party sites. It is important to read the policies and practices of these third parties carefully before engaging in any transactions. Any complaints or questions regarding these products should be addressed directly to the third parties concerned.

ARTICLE 16 – COMMENTS, SUGGESTIONS AND CUSTOMER REVIEWS

If you send us content at our request (for a competition, for example) or spontaneously send us ideas, suggestions, proposals or other material (together, 'comments'), you allow us, free of charge and on a non-exclusive basis, to reproduce, publish and translate them, and to adapt their layout without changing their meaning, on our website, in our e-mails and on our social media pages, worldwide, for as long as they are published there. You can ask us at any time to stop using a comment, and we then remove it from our own pages. We are not obliged to keep comments confidential or to reply to them.

Customer reviews. Reviews of our paintings are published as their authors wrote them: we never alter their content. We may decline or remove a review only if it is unlawful, offensive, threatening or defamatory, unrelated to the product or to the order, contains someone's personal data, infringes intellectual property rights or breaches these Terms.

You agree not to post comments that infringe the rights of others, such as copyright or trademark rights, or that contain unlawful, defamatory or offensive material, a virus or malicious software. You are responsible for the comments you post and for their accuracy.

ARTICLE 17 – PERSONAL INFORMATION

The collection and use of your personal information are governed by our Privacy Policy, which you can read at https://nature-painting.co.uk/pages/privacy-policy.

Your telephone number. The number you give at checkout or in our contact form is used to deliver your painting, to follow its delivery and to answer your request. Telephone marketing to a consumer without their prior consent is prohibited (Article L.223-2 of the French Consumer Code): we will never call you for marketing purposes without your prior agreement.

SECTION 18 – ERRORS, INACCURACIES AND OMISSIONS

When an error, an inaccuracy or an omission is found on the site, whether it concerns a description, a price, a promotion, delivery charges, a delivery time or availability, we correct it as soon as we know about it.

An order already confirmed keeps the information displayed when you placed it. If the painting you receive does not match its description, you are covered by the legal guarantees (Article 21).

There is one exception: an obvious pricing error, where the price displayed bears no relation to the value of the item, such as a large framed canvas priced at £1. In that case we contact you before dispatch, and you choose between keeping your order at the correct price and cancelling it with a full refund.

ARTICLE 19 - PROHIBITED USES

In addition to the prohibitions specified in these General Terms and Conditions of Sale and Use, it is prohibited to use the site or its content: (a) for illegal purposes; (b) to incite third parties to carry out illegal acts; (c) to infringe local, national or international laws, rules or regulations; (d) to violate our intellectual property rights or those of third parties; (e) to harass, mistreat or discriminate against individuals on the basis of gender, sexual orientation, religion, ethnic origin, race, age, nationality or disability; (f) to submit false or misleading information; (g) to transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, hijack domains or extort information; (j) for obscene or immoral purposes; or (k) to circumvent security measures on our Service or other websites. We reserve the right to terminate your access to the Service if you breach any of these prohibitions.

SECTION 20 – AVAILABILITY OF THE SITE AND OUR LIABILITY

We work to keep the site available and fast, without being able to promise that it will never be slowed down, interrupted or affected by a technical error. We may suspend access to the site temporarily for maintenance or for security reasons.

This reservation concerns the operation of the site, not the paintings we sell. Every painting delivered is covered by the legal guarantees set out in Article 21, and we are liable as a seller under the law that applies to your order (Article 26). Nothing in these Terms limits or excludes the rights that the law gives you as a consumer.

ARTICLE 21 - LEGAL GUARANTEES

Defective or non-conforming product. If an item is defective or does not match its description, write to us at contact@peinture-nature.com with a description of the problem and photos. We handle each request on a case-by-case basis and reply within 48 working hours. Reporting quickly speeds things up, but it does not affect your rights: the legal guarantees apply within the periods provided by law.

“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the planned period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity obliges the trader, where applicable, to provide all updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods but the seller imposes their replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund upon return of the goods, if:

1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction of the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.”

ARTICLE 22 – YOUR LIABILITY

If you use the site in breach of these Terms or of the law, or infringe the rights of others through it, for example by posting content you have no right to publish, you are liable for the loss this actually causes us, under the ordinary rules of law.

This article creates no liability beyond what the law provides, and it never applies to the normal purchase and use of our paintings.

ARTICLE 23 - SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

ARTICLE 24 – TERMINATION

The rights and obligations that arose before termination, in particular those relating to orders already placed, remain in force after it. These Terms apply until terminated by you or by us.

You can stop using our site at any time, simply by no longer using it or by letting us know. Termination takes effect on the date of your message or on the date you actually stop using the site, whichever comes first.

We may close your access to the site if you seriously breach these Terms, for example in a case of fraud or of one of the uses prohibited by Article 19. Closing your access never cancels an order already paid: it is delivered as agreed or, if we have a legitimate reason not to carry it out, refunded in full. Sums due for orders placed before termination remain payable.

SECTION 25 – NO WAIVER AND SCOPE OF THESE TERMS

If we do not enforce a right or a provision of these Terms on a given occasion, this does not mean that we waive it.

These Terms, together with the other policies published on the site, set out the rules that apply to your use of the site and to your orders. They do not set aside what we tell you before you order: the information on the product page and the written answers we give to your questions also form part of our commitment to you.

If a clause of these Terms can be read in more than one way, it is read in the way most favourable to you as a consumer.

ARTICLE 26 – APPLICABLE LAW

These General Terms and Conditions of Sale and Use, and the contracts concluded on the site, are governed by French law. If you are a consumer living in another country, including the United Kingdom, this choice of law does not deprive you of the protection of the mandatory rules of the law of your country of residence. You can also bring any dispute before the courts of the place where you live.

In accordance with the provisions of the French Consumer Code concerning “the consumer dispute mediation process”, after having contacted us and in the absence of a response that satisfies you, you have the option of using a consumer mediation procedure, free of charge, with:

CM2C
49 rue de Ponthieu
75 008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

ARTICLE 27 – MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

The current version of these General Terms and Conditions of Sale and Use can be read on this page at any time.

We may revise them, in particular to follow a change in the law or in our services, by publishing the new version on the site. Each order is governed by the version in force on the day it is placed. A later version never applies to an order already placed, and it applies to a new order only if you accept it when you place that order.

ARTICLE 28 – CONTACT DETAILS

For any question about these General Terms and Conditions of Sale and Use, or about an order, write to us at contact@peinture-nature.com. Our company details are given at the beginning of these Terms.

ARTICLE 29 – ACCEPTANCE BY THE PURCHASER

Before confirming your order, you can read these General Terms and Conditions of Sale and the price of each item, delivery charges included. Placing your order means that you accept them.

If you buy as a business, your own general terms of purchase do not apply to your order unless we have agreed to them in writing.

LEGAL INFORMATION

Please read the conditions of use of this site carefully before exploring its pages. By accessing this site, you accept these conditions without reservation.

Terms and conditions of use

The https://nature-painting.co.uk website uses current web technologies (HTML5, JavaScript, CSS) to show our paintings at their best and make your visit pleasant. For the best result, use an up-to-date version of a browser such as Safari, Firefox, Google Chrome or Microsoft Edge.

Nature Painting answers for the information published on this website, which it checks and keeps up to date. How we handle the accuracy of this information, and any error you may notice, is set out in Sections 4 and 18 of the Terms above.

Hosting

Hosting: Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa (Ontario) K2P 2L8, Canada. Telephone: +1 613-241-2828
Website: www.shopify.com

Cookies

The https://nature-painting.co.uk website may ask you to agree to the use of cookies in order to collect statistical data and improve the display of the site. Cookies are small text files stored on your device by the server of the site you are visiting. They contain information that can be read or written by this server to adapt the display and remember certain browsing preferences. It is important to note that certain functions on the site may not function correctly if you choose to disable cookies.

Hypertext links

The https://nature-painting.co.uk website may contain links to other websites or resources available online. Nature Painting has no control over these external sites and resources and cannot guarantee their accessibility or content. Therefore, Nature Painting cannot be held responsible for any damage, direct or indirect, resulting from the use of these sites or the information, products or services they offer. The user fully assumes the risks associated with the use of these external links and is invited to consult the terms of use of the sites concerned. Users, subscribers or visitors are prohibited from creating a hypertext link to the https://nature-painting.co.uk website without first obtaining Nature Painting's express authorisation. Any request to create such a link must be sent by email via the contact details available on the site. Nature Painting reserves the right to refuse or accept a request for a link without having to justify its reasons.

Services provided

The https://nature-painting.co.uk website presents the paintings sold by Nature Painting and everything you need to choose and order them. The photographs represent the artwork you order, in the size and finish you select; only the rendering of colours can vary slightly from one screen to another. Room settings show the painting in a furnished interior, and the furniture and decorative objects around it are not supplied. When a page is updated, the information shown at the time of your order is the information that applies to it.

Reporting an error

If you notice an error, an omission or a malfunction on the site, please report it by e-mail to contact@peinture-nature.com, describing the problem as precisely as you can (page concerned, type of device and browser used): we correct it as quickly as possible. To browse the site safely, we recommend equipment protected against viruses and an up-to-date browser.

Intellectual property rights

All content on the https://nature-painting.co.uk website, including but not limited to graphics, images, texts, videos, animations, sounds, logos, gifs and icons, as well as their layout, are the exclusive property of Nature Painting, with the exception of trademarks, logos or content belonging to other partner companies or authors. Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these elements is strictly forbidden without the express written authorisation of Nature Painting. Any breach of this prohibition constitutes an infringement liable to engage the civil and criminal liability of the offender. The owners of the copied content may also take legal action against you.

Disputes

These conditions of use of the https://nature-painting.co.uk website are governed by French law, as set out in Article 26 above, which also explains how you can bring a dispute before the courts of your place of residence or refer it free of charge to a consumer mediator.

Personal data

You can browse the https://nature-painting.co.uk website without giving us any personal data. Some services do require information such as your name, your company name, your e-mail address or your telephone number, for example when you place an order or fill in our contact form; you can decline to give it, but we will then be unable to provide the service concerned, such as delivering an order or answering a request. Some information is also collected automatically when you browse, such as your IP address, the type of browser you use and the pages you visit. What we use this information for, the cookies placed with your consent, how long we keep your data and how to exercise your rights are explained in our Privacy Policy (https://nature-painting.co.uk/pages/privacy-policy). How we use your telephone number is set out in Article 17 above.