General Terms and Conditions of Sale - September 1, 2025

1 – General Information

These terms and conditions govern the sale of original works of art between Ms. Kathleen Millette, artisan (artist-author) registered in the Trades Directory under number 380 576 271 00096 (the "Artist"), residing at 208 rue de la Perrière, 22330 Le Mené, and any purchaser of a work (the "Buyer") on the website accessible at https://www.kathleenmillette-art.com (the "Site") (hereinafter the "General Terms and Conditions of Sale" or "GTC").

The Artist thanks the Buyer for carefully reading these GTC, as well as the Privacy Policy, which are available on the Site.

The General Terms and Conditions of Sale may be subject to change at any time, depending on the development of the Website. It is the Buyer's responsibility to consult them regularly to verify the version in effect at the time of the order. The applicable General Terms and Conditions of Sale are those in effect at the time the order is confirmed. These General Terms and Conditions of Sale were last updated on the date indicated in the title.

In case of doubt, the Buyer may contact the Artist:

by email at the following address: kat.millette@gmail.com and by post at the following address: 208 rue de la Perrière, 22330 Le Mené.

By ordering from the Website, the Buyer acknowledges having read and being bound unconditionally and without restriction by the General Terms and Conditions of Sale.

IF THE BUYER DOES NOT WISH TO BE BOUND BY THE DOCUMENTS MENTIONED ABOVE, THEY SHOULD NOT PLACE ANY ORDERS.

No other Buyer document, such as the Buyer's general terms and conditions of purchase, may govern the relationship between the Buyer and the Artist.

2 – Purpose

The works offered for sale on the Site are either unique pieces or signed and numbered limited editions, within the meaning of the legal definition of a work of art (the "Works"). All Works sold on the Site are created by the Artist or under their supervision. Due to the artisanal nature of the Works, and particularly in the case of limited editions, the photos of the Works are not contractually binding. Each Work is delivered with a certificate of authenticity.

3 – Buyer Declarations

The Buyer agrees to:
Use the Site only to consult it or place orders that are legally compliant;

Not make any inaccurate or fraudulent statements. If the Artist has doubts about the accuracy or fraudulent nature of the information provided by the Buyer or the order, they are authorized to cancel the order and take any appropriate action in such a situation. The Artist assumes no liability for any damages and/or costs that may result.

Provide their email address, postal address, and/or other contact information accurately and accurately. The Buyer consents to the Artist using this information to contact them if necessary. If the Buyer does not provide all the required information, the Artist may not process the order.

By placing an order on the Website, the Buyer declares that they are over 18 years of age and have the legal capacity to enter into the purchase contracts offered on the Website.

Unless expressly accepted by the Artist, the Works offered for sale on the Site are not intended for resale, consumption, or use in the context of any commercial, industrial, craft, or professional activity. The Buyer therefore acknowledges that they are a consumer and undertakes not to trade in the products. Similarly, these Works are not intended to be used for advertising or communication purposes for any activity or cause.

4 – Prices and Payment Methods

The sale price of the Works applied on the Site is the one in effect at the time of the order, subject to product availability at that date and acceptance of the order by the Artist. The Price is indicated in euros, inclusive of all taxes, excluding delivery costs (the "Price") and is accepted only in euros. The Price may be changed at any time on the Site. However, orders placed by the Buyer and accepted by the Artist prior to the modification will not be affected.

Packaging and delivery costs are indicated during order confirmation and calculated according to the type of Work, its size, weight, fragility, and delivery location.

Delivery costs are fixed at a fixed rate and are indicated on the order summary before payment. The Buyer is encouraged to pay particular attention to these costs.

The Buyer will be responsible for any taxes that may apply to the sale and delivery transaction and will bear all related charges and customs duties.

It is also possible to have the order delivered by the artist in person. This option is offered free of charge by the Artist in Côtes d'Armor, within a maximum radius of 70 km.

Accepted payment methods are: Bank transfer, credit card (Visa, Mastercard, American Express, CB).

The Artist cannot be held responsible for the possible loss of another payment method used by a Buyer (e.g., payment by check).

The Buyer expressly authorizes the Artist to issue the invoice electronically. The Buyer may at any time inform the Artist of their wish to receive a paper invoice.

The Artwork may therefore become unavailable, and the price, fees, and delivery conditions may change in the meantime, without the Artist assuming any liability.

5 – Orders

All orders will be placed by appointment between the buyer and the artist, preferably at the buyer's business address. To arrange an appointment, the buyer must contact the artist via the Contact page of the website or by telephone.

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6 – Availability of Works

The Works offered for sale by the Artist on the Website are either unique pieces or limited editions. Consequently, the availability of the Works depends on the Artist's inventory and any sales that may have occurred in the meantime. Works available on the Website are immediately put up for sale, unless otherwise indicated in the case of an exhibition or any other ongoing event that would make the Work temporarily unavailable for online sale. The Artist will make every effort to update the availability of their Works on the Website. However, it is possible that one or more Works may be temporarily unavailable but still be visible on the Website for a limited time.

If the ordered Works are available, the Artist will send the Buyer an order confirmation by email or telephone within seventy-two (72) business hours of the order being placed on the Website. If the Works are unavailable, the Artist will inform the Buyer by email or telephone within seventy-two (72) business hours of the order being placed on the Website, to propose an alternative delivery date, or to indicate that the Work is permanently unavailable.

If the new delivery date is not accepted by the Buyer, the order will be automatically canceled and the Price will be refunded to the Buyer within fourteen (14) days in the form of a refund or a credit note, at the Buyer's discretion.

If the new delivery date is accepted by the Buyer, the Artist will send an order confirmation to the Buyer as soon as possible.

If the ordered Work is no longer permanently available, the Artist will immediately refund the Buyer within fourteen (14) days.

7 – Delivery

Each order is delivered to a single address. If the Buyer requests delivery to more than one address, they must place separate orders.

The delivery method is indicated in the order summary, namely: by Colissimo with signature required. Delivery is provided by La Poste, for example, within two (2) to five (5) business days from dispatch for France. In the event of a delivery delay due to the carrier, the Artist shall not be held liable. Dispatch is made within eight (8) business days from payment of the Price. Upon dispatch of the order, the Buyer will be notified by email, providing the tracking number corresponding to the order. The carrier may contact the Buyer to arrange a delivery appointment. Upon delivery, the Buyer will be asked to sign a delivery slip.

For reasons of safety and protection of the Works during transport, it may be possible for pieces sold with frames to be disassembled, so that the glass does not deteriorate the Work in the event of damage. The Buyer undertakes to check the general condition of the Work upon receipt. If necessary, the Buyer must, after receiving the order, replace the Work in its frame. The Artist advises the Buyer to entrust the handling to a professional framer.

In the event of non-compliance with the agreed delivery deadline, the Buyer must order the Artist to complete the delivery within a reasonable additional period by email or by registered letter with acknowledgment of receipt. In the event of non-compliance by the end of this additional period, the Buyer may terminate the contract by email or by registered letter with acknowledgment of receipt. The contract will be deemed terminated when the Artist receives the email or postal mail informing them of this termination, unless delivery has occurred in the meantime. However, the Buyer may terminate the contract immediately if delivery times constitute an essential condition of the contract, resulting from the circumstances surrounding the conclusion of the contract or from an express request from the Buyer prior to the conclusion of the contract. When the contract is terminated, the Artist will reimburse the Buyer for all amounts paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

The Artist will not be liable if an order cannot be delivered due to incorrect or incomplete information (building number, access codes, etc.). Furthermore, it is the Buyer's responsibility to ensure that each Work ordered can be delivered without difficulty and in particular to check that the dimensions of the packages and/or Works excluding packaging communicated at the time of purchase are compatible with the constraints of the delivery location (e.g. parking of the delivery vehicle, stairs, elevator, corridors, doors, etc.). The Artist will not be responsible if an order cannot be delivered to the location desired by the Buyer, taking into account in particular its volume or the characteristics of the location or the Work. The carrier may contact the Buyer to inform them of their presence at the delivery address on the day of delivery or to arrange an appointment; the contact details provided must be valid and the contact must be available. If the Artist cannot deliver the order under normal and secure conditions for the Works (if, for example, no one is present at the delivery location to receive the Work, the address provided is incomplete or access does not allow delivery under normal and secure conditions), as in the event of refusal to accept delivery or request for a new delivery date, the order will be returned to the Artist. The Artist may then either cancel the order or contact the Buyer at the email address provided by him, in order to set a new delivery date. The costs of any new delivery will then be borne by the Buyer. In the event that another attempt to deliver the order is unsuccessful due to events beyond the Artist's control, the sales contract will be terminated and the Artist will reimburse all payments made for the Works that could not be delivered, less the initial delivery costs, any return costs, and any other costs incurred due to the inability to deliver under normal and secure conditions. The refund will be made within a maximum of fourteen (14) days from the date of termination of the contract.

The Buyer is required to check the condition and conformity of the delivered Works upon delivery and must, if necessary, express any reservations on the delivery slip presented by the service provider responsible for delivering the order. This verification is considered to have been carried out as soon as the Buyer, or any person present receiving the product, has signed the delivery slip. In the presence of an apparent anomaly (in particular damaged, open package, etc.), the Buyer is asked not to open the package and to leave it with the service provider responsible for delivering the package. The Buyer must then sign the delivery slip, stating the reasons for refusing to accept the Work. The order will be considered to have been delivered when the Buyer or a third party designated by the Buyer takes physical possession of the Work, which will be evidenced by the signing of the delivery slip for the order at the address indicated by the Buyer. The risk of loss or damage to the products will pass to the Buyer upon delivery.

Delivery costs do not include installation of the Works.

8 – Withdrawal

Pursuant to Articles L. 221-18 et seq. of the French Consumer Code, the Buyer has a period of fourteen (14) calendar days ("Withdrawal Period") from receipt of the Work to exercise their right of withdrawal, without having to provide a reason or pay a penalty.

Any request for withdrawal must be sent to the Artist by unambiguous email before the Withdrawal Period expires. The Artist will send an email to the Buyer acknowledging receipt of the intention to withdraw and will indicate the terms and conditions for returning the Work.

The Work must be returned in exactly the same condition as its original condition, in its original packaging, and under the same delivery conditions (packaging, protection). Damaged or deteriorated Works will not be accepted. Any manipulation that could jeopardize the sale of the Work in new condition will not be tolerated.

Return shipping costs are the responsibility of the Buyer. These costs will be deducted from the final refund. The Buyer exercising the right of withdrawal may only return the Works ordered to the Artist within fourteen (14) calendar days from the date the withdrawal request was sent to the following address: 208 rue de la Perrière, 22330 Le Mené.

The shipment must include the delivery slip or a copy of the invoice to allow the Artist to identify the origin of the returned Works. If all return conditions are met by the Buyer, the Artist will refund the Price (excluding delivery costs) to the Buyer within 14 days from the day the Artist was informed of the Buyer's decision to withdraw. However, the refund of this amount may be deferred until the returned Work has been actually recovered or until the Buyer has provided proof of shipment of the product, subject to its condition upon receipt.

In the event that the Work is damaged or the above-mentioned return conditions have not been met, the Artist may refuse the return of the Work, and no refund will be issued to the Buyer.

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9 – Warranties

The warranty does not apply to damage caused to or by the Works through improper use or storage of the Works, or any other legal exclusion. The Works may exhibit variations due to the specific characteristics of the materials used in their manufacture. These characteristics, such as variations in color, size, or texture, will not be considered defects or faults.

In accordance with the appendix to Article D. 211-2 of the French Consumer Code, the following provisions are reproduced. Any purchase made by a person not considered a consumer for this purchase will be subject to the legal provisions applicable to sales to non-consumers. The consumer has two years from 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. The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty (30) days of their request, free of charge and without significant inconvenience. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract with a full refund upon return of the goods if:

The professional refuses to repair or replace the goods;

The repair or replacement of the goods occurs after a period of thirty (30) days;

The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer ultimately bears the costs of returning or removing the non-compliant goods, or if the consumer bears the costs of installing the repaired or replaced goods;

The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to the termination of the sale if the lack of conformity is minor. Any period of immobilization of the good for the purpose of its repair or replacement suspends the warranty that remained to run until the delivery of the repaired good. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who hinders the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the buyer to a price reduction if the item is kept or to a full refund upon return of the item.

To return a non-compliant product or one with a hidden defect, the Buyer must contact the Artist, attaching photos of the item in question, the order number, and the reason for the return. The Artist will inform the Buyer of the procedure to follow for the return or collection of the non-compliant Work or Work with a hidden defect, and for subsequent reimbursement. If the Work is collected, it will be carried out by a carrier to the address chosen by the Buyer (applicable only in mainland France and Corsica). The Artist recommends that the Buyer keep the shipping notice of the Work as proof of the return made. If the existence of the non-conformity or defect is confirmed, the Artist will bear the costs of returning the Work. In case of doubt, the Buyer can contact the Artist who will make every effort to provide the Buyer with a response quickly. The Artist does not offer the Buyer any guarantees other than the legal guarantees presented above. Thus, the Buyer does not benefit from any commercial guarantee. The Buyer assumes sole responsibility for any violation of the provisions of the General Conditions of Sale relating to the use of the Works for unauthorized purposes (purchase by minors, resale, commercial use, marketing use, etc.), non-compliant with the conditions of use or with basic safety practices and rules. The Buyer shall then indemnify the Artist against all claims, actions, liabilities, charges, expenses, losses, damages and costs resulting from such breach.

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10 – Force Majeure

The Buyer and the Artist shall not be liable for failure to perform or delay in the performance of any of their obligations, when such failure or delay is due to events beyond their control, which could not reasonably have been foreseen at the time of placing or accepting any order, and the effects of which cannot be avoided by appropriate measures ("Force Majeure Event").

Force Majeure Events may include any act, event, omission, or accident occurring at the Artist's premises or those of its suppliers, including strikes, lockouts, or other industrial action, civil riot, revolt, invasion, threat or terrorist attack, war (declared or undeclared) or threat or preparation for war, fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic, or other natural disaster, inability to use trains, ships, aircraft, motorized transport, or other means of transportation, whether public or private, inability to use public or private telecommunications systems, or acts, decrees, legislation, regulations, or restrictions of any government or public authority that prevent performance of the Contract.

It is understood that the obligations will be suspended for the duration of the "Force Majeure Event," without liability for the Buyer or the Artist, and without compensation, from the date of occurrence of this "Force Majeure Event." The Buyer and the Artist will have an extension of the deadline to fulfill their obligations for a period equal to that of the "Force Majeure Event."

If the event lasts more than 3 months from the date of occurrence, the order may be terminated by the most diligent party. The Client will then be reimbursed for the amount of their order, without being entitled to claim damages.

The Buyer and the Artist will implement all appropriate means to end the "Force Majeure Event" or to fulfill their obligations despite the "Force Majeure Event."

12 – Protection of Personal Data

The information or personal data that the Buyer provides to the Artist will be processed in accordance with the Privacy Policy. By placing orders on the Site, the Buyer declares that they are accurate and truthful.

The Artist is committed to protecting the privacy of individuals with regard to personal data. The Artist ensures that its policies and practices regarding the collection, use, storage, transfer, and access to personal data comply with the requirements of Law No. 78-17 on Information Technology, Data Files, and Civil Liberties of January 6, 1978 (and its subsequent amendments) and the European Union's General Data Protection Regulation of April 27, 2016 (the "GDPR"). For further details, the Buyer may refer to the Privacy Policy.

13 – Non-waiver and Waiver

The fact that the Artist or the Buyer does not avail themselves at any given time of any provision of the General Terms and Conditions of Sale cannot be interpreted as a waiver or limitation for them to avail themselves of it at a later date.

No waiver by the Artist or the Buyer of a specific right or obligation shall imply a waiver of other rights or obligations arising from the General Terms and Conditions of Sale. Furthermore, this waiver will only be effective if it is explicit and formalized and communicated to the other party in writing.

14 – Complaints

For any complaints or claims, the Buyer must send an email to the Artist, who will process the claim or complaint as quickly as possible. In this regard, the Artist informs the Buyer that if a complaint is not satisfactorily resolved, the Buyer has the right to refer the matter to the consumer mediator, in accordance with the law.

In accordance with the rules applicable to mediation, any dispute must be submitted in writing to the Artist in advance. The European Commission provides consumers with a platform for the online resolution of consumer complaints, which the Customer may use and which is available at the following address: http://ec.europa.eu/consumers/odr/

Any dispute arising out of or related to the use of the Website or the General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the courts and tribunals of the Buyer's domicile.

15 – Entire Agreement – ​​Partial Invalidity

The General Terms and Conditions of Sale, and any document expressly referred to therein, constitute the entire agreement between the Buyer and the Artist concerning the subject matter thereof. They supersede any other prior agreement, understanding, or promise entered into between the Buyer and the Artist, whether oral or written.

If one or more of the provisions of these General Terms and Conditions of Sale is declared null and void pursuant to a law, regulation, or following a final decision rendered by a competent authority, the other provisions shall remain in force and shall not be affected by this declaration of nullity.

16 – Applicable Law

These General Terms and Conditions of Sale, written in French, shall be executed and interpreted in accordance with French law. In the event of a dispute, the Buyer shall first contact the Artist for an amicable resolution. Failing this, the French courts shall have exclusive jurisdiction.