Terms and conditions
Article 1 – Purpose
- The present terms and conditions of sale are concluded between, on the one hand, Nicolas Villela-Berrios, author-photographer affiliated with AGESSA - Siret: 49098503300052 and domiciled at 46 RUE PAUL RIQUET 34500 BEZIERS and the Internet users who wish to make a purchase on the Nicolas Villela-Berrios website accessible at the address: https://www.nicolasvillela.com hereafter referred to as "the Customer".
- The present conditions express the entirety of the obligations of the parties.
Article 2 – Products and availability
- Nicolas Villela-Berrios offers prints, printed books and training courses for sale.
The product offers and prices are valid as long as they are visible on the site, while stocks last.
- Nicolas Villela-Berrios does not guarantee in any way that the products will be available for sale during a specific period.
- Nicolas Villela-Berrios is committed to informing by email any customer who has placed an order for an unavailable product.
- Nicolas Villela-Berrios cannot be held responsible in any way if the customer has placed an order for an unavailable product.
- In the event of a debit of the amount of an order relating to an unavailable product, Nicolas Villela-Berrios undertakes within 30 days to reimburse the Customer for his order.
Article 3– Ordering
- The customer declares that he/she has read the Terms and Conditions of Sale before placing the order and acknowledges that the validation of the order implies the acceptance of their terms.
- In order to place the order, the customer must provide Nicolas Villela-Berrios with valid data concerning him/her and fill in an online form.
- A confirmation e-mail, acknowledging receipt of the order and containing all the information, will then be sent to the customer as soon as possible.
- The customer must therefore provide a valid email address when filling in the identity fields.
- The products are purchased for personal use and cannot be resold. By ordering your product, you certify that you are purchasing it for personal use and not for resale.
Article 4 – Payment
- The prices of the products indicated on the site correspond to prices including VAT.
The payment of the order will be made by credit card, Paypal account, bank transfer or check.
- The transfer of ownership of the product to the buyer will take place only when Nicolas Villela-Berrios has received the full payment.
- Nicolas Villela-Berrios reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Article 5– Price
- The prices of the products displayed on our site are indicated in Euros.
Original prints, i.e. "photographs taken by the artist, printed by him or under his control, signed and numbered within the limit of thirty copies, all formats and media combined" benefit from a VAT rate of 5.5% (article 98A of appendix 3 of the French General Tax Code).
- Article 238bis AB of the French General Tax Code allows professionals who want to help artists by purchasing a work to benefit from tax advantages.
Article 6 – Delivery
- 20 to 30 working days are necessary for the verification, the treatment of the order, the sending and the delivery of the order in France.
- Shipments to France are made by Collissimo, and by Chronopost for international deliveries. Nicolas Villela-Berrios reserves the right to change the carrier.
- The price of the shipping costs is displayed in the basket before the payment.
- The Customer must carefully fill in all the fields of the delivery form at the time of the order, including his delivery details, while indicating a landline or mobile phone number.
- Neither Nicolas Villela-Berrios nor the carrier can be held responsible for an impossibility of delivery due to an imprecision or error in the delivery address.
- Nicolas Villela-Berrios is not responsible for loss, theft or damage caused by the carrier.
- The customer is responsible for :
- the payment of the necessary shipping costs in case of return of the order.
- the costs incurred in the event of a dispute with the carrier on his part.
Article 7 – Return policy
- In accordance with article L 121-20 of the French Consumer Code, the Customer has the right to retract and return products purchased on the nicolasvillela.com website during 7 clear days from the date of delivery of the products (the postmark being proof or receipt from the carrier)
- The products must be returned in their original packaging and condition to the following address
45 rue Paul Riquet
Tel. 06 18 28 74 22
- The reimbursement of the Customer will be made by any means of payment within 30 days from the receipt by Nicolas Villela-Berrios of the retraction request and subject to the return of the product.
- The refund will include the price of the products paid by the Customer, minus the delivery costs.
Article 8 – Limitation of liability
- Nicolas Villela-Berrios is subject to an obligation of means towards the Customer.
It is expressly agreed that Nicolas Villela-Berrios cannot be held responsible for any disruption in the supply of the service for any reason whatsoever, for any external intrusion or infection by a computer virus.
- In case of dissatisfaction of a Customer for any reason whatsoever, he cannot claim any compensation other than the refund of his order.
Article 9– Guarantees
- After full payment of the order, the Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions in force of articles L.211-1 to L.212-2 of the Consumer Code and articles 1641 to 1649 of the French Civil Code.
Article 10 – Confidentiality - Personal information
- Nicolas Villela-Berrios is committed to guaranteeing the confidentiality of the information transmitted by its customers and to never share it with any affiliation or outside persons.
Article 11 –Intellectual Property
- The artist, for having taken the initiative of his creation, remains the owner of the copyright on his creation, according to the French law.
- The rights of representation, diffusion and reproduction of the products presented on the nicolasvillela.com website remain the property of the artist.
- The acquisition of a product on the site does not confer to the customer any right of exploitation, representation, reproduction, exhibition or diffusion of this one, on some support that it is.
Article 12 – Applicable law - Disputes
- The present conditions are governed by French law.
- In the absence of an amicable agreement concerning their interpretation or execution, the Courts of Nanterre shall have sole jurisdiction to hear any disputes.