TERMS AND CONDITIONS OF SALES
Last updated: octobre 2026
PREAMBULE
These terms and conditions of sale (the “Terms”) govern every sale of an artwork concluded through the website fernandgallery.com, operated by Studio 1107, a French SASU (simplified joint-stock company with a sole shareholder) with share capital of €1,000, registered with the Paris Trade and Companies Register under number 108 455 122, whose registered office is at 3 rue de Marseille, 75010 Paris, France, trading under the name Fernand (“Fernand”).
Contact: contact@fernandgallery.com — phone: +33 6 63 02 24 21 — EU VAT number: FR 24108455122
Fernand is an online contemporary art gallery that presents and sells original works by international artists. Fernand sells the works in its own name, on behalf of the artists who entrust them to it (sale on commission). For the buyer, Fernand is therefore the seller and sole point of contact: Fernand collects the price, issues the invoice and is responsible for the proper performance of the sale, including when the work is shipped directly by the artist.
These Terms are sent to the buyer together with the order summary (article 3), before any payment. Payment of the order constitutes acceptance of these Terms. Fernand may amend its Terms at any time; the applicable version is the one sent to the buyer at the time of the order.
Unless otherwise stated, the provisions of these Terms that relate to consumers apply to any private buyer acting for non-professional purposes, whatever their country of residence.
1. WORKS OFFERED FOR SALE
The works presented on fernandgallery.com are unique original works or, where applicable, numbered and signed limited editions. For each limited edition, the work’s page states the total number of copies and the printing technique. Each work comes with a certificate of authenticity signed by the artist.
Each work’s page sets out its main characteristics: artist, title, medium, support, dimensions, year of creation, price and, where applicable, framing.
Fernand makes every effort to present images that are as accurate as possible. Slight variations in colour rendering may occur depending on the calibration of the buyer’s screen; such variations do not, in themselves, constitute a lack of conformity. They do not affect the consumer buyer’s right of withdrawal (article 6).
Works are offered subject to availability, each unique work being sold only once. If a work turns out to be unavailable after payment, Fernand informs the buyer without delay and refunds them in full no later than 14 days after payment, unless the buyer prefers to accept another work offered to them.
2. PRICES
2.1. Price of the works
Each work is shown with a single price, in euros, including all taxes (French VAT included). It does not include delivery costs (2.2) or, where applicable, import duties and taxes (2.3).
The displayed price applies to works shipped from France or from another EU Member State and delivered within the European Union. Where the sale is subject to the VAT of another Member State, the price including VAT is adjusted to the VAT rate applicable in the country of delivery.
The sale is not subject to French VAT when the work is delivered outside the European Union, or when it is shipped by an artist based outside the European Union. In both cases, the price payable is the displayed price minus the French VAT it includes. Any import duties and taxes in the country of destination remain payable under the conditions of article 2.3.
The country from which the work is shipped and the final price payable are communicated to the buyer in the order summary, before any payment.
Fernand may change its prices at any time. The work is invoiced at the price stated in the order summary accepted by the buyer, including where a different price has been agreed with them.
In the event of an obvious error in the displayed price (for example, a price bearing no relation to the value of the work), Fernand may refuse or cancel the order and will then refund any sums paid without delay.
2.2. Delivery costs
Delivery costs are borne by the buyer. They depend on the country of delivery and the size of the packed work, and are shown on the work’s page or, failing that, provided on request. The final amount is stated in the order summary, before any payment: the buyer pays no additional delivery costs.
2.3. Import duties and taxes
When the work crosses a customs border — delivery outside the European Union, or a work shipped by an artist based outside the European Union to a buyer within the European Union — customs duties, import VAT and customs clearance fees may be charged by the authorities or the carrier in the country of destination. These amounts are borne by the buyer. Fernand flags this situation in the order summary and indicates, as far as possible, their nature and how they are calculated.
3. ORDERS AND CONCLUSION OF THE CONTRACT
3.1. Ordering process
Orders are placed as follows:
- The buyer expresses interest in a work via the website’s contact form or by email to contact@fernandgallery.com.
- Fernand confirms that the work is available and sends the buyer, by email, an order summary stating: the work and its characteristics, its price, the final amount of delivery costs, the total price payable, the delivery time, the country from which the work is shipped, where applicable any import duties and taxes and the estimated cost of a return, the bank details and the payment deadline. These Terms and the withdrawal form are attached to it.
- The work is reserved for the buyer during the payment period (article 4).
- The sale is concluded when Fernand receives the bank transfer for the total price stated in the order summary.
3.2. Order confirmation
As soon as payment is received, Fernand sends the buyer an order confirmation by email, setting out all the information in the order summary, together with these Terms and the withdrawal form.
3.3. Record keeping
For any order of €120 or more, Fernand keeps the written record of the sale for 10 years from delivery and guarantees the buyer access to it on request at contact@fernandgallery.com.
4. PAYMENT
Payment is made by bank transfer to the account of Studio 1107, whose details (IBAN/BIC) are given in the order summary.
Payment must be made within 5 business days of the order summary being sent. Failing this, the reservation ends and the work is put back on sale, at no cost to the buyer.
The work is shipped only once the full price has been received. Fernand sends the buyer an invoice.
5. DELIVERY
5.1. Shipping
Works are shipped, by Fernand or directly by the artist, to the address provided by the buyer, within 7 business days of receipt of payment. Shipping is carried out using a transport service with tracking and insurance appropriate to the value of the work. The tracking number is emailed to the buyer as soon as the work is shipped.
5.2. Delivery times
The applicable delivery time is stated in the order summary. As a guide, usual delivery times from shipping are as follows:
- Mainland France: 3 to 7 business days
- European Union: 5 to 15 business days
- Rest of the world: 10 to 30 business days
If no delivery time is stated, the work is delivered no later than 30 days after the conclusion of the sale. In the event of late delivery, the consumer buyer may, after asking Fernand to deliver within a reasonable additional period that has not been met, terminate the sale and obtain a full refund of the sums paid, in accordance with articles L. 216-6 et seq. of the French Consumer Code.
5.3. Transfer of risk
For consumer buyers, the risk of loss of or damage to the work passes to them when they take physical possession of the work (article L. 216-4 of the French Consumer Code). Until then, Fernand is responsible for any loss or damage occurring in transit and handles the formalities with the carrier and the insurer.
For business buyers, the risk passes as soon as the work is handed over to the carrier.
5.4. Receipt of the work
The buyer is asked to check the condition of the parcel and the work on receipt, to note any visible issue with the carrier and to inform Fernand within 3 days by email at contact@fernandgallery.com, with photos if possible. This makes it easier to handle the claim with the carrier, without limiting the consumer buyer’s rights under articles 6 and 7.
6. RIGHT OF WITHDRAWAL
6.1. Withdrawal period
In accordance with articles L. 221-18 et seq. of the French Consumer Code, the consumer buyer has 14 days from receipt of the work to withdraw from the contract, without giving any reason and without incurring any costs other than those set out below.
6.2. How to withdraw
The buyer informs Fernand of their decision before the end of the withdrawal period, by any unambiguous statement: by email to contact@fernandgallery.com, by post to Studio 1107 — Fernand, 3 rue de Marseille, 75010 Paris, France, or by using the withdrawal form in appendix 1. Fernand acknowledges receipt of the withdrawal by email.
6.3. Return of the work
The buyer returns the work, with its certificate of authenticity, to the address provided by Fernand, no later than 14 days after notifying their decision, in packaging that protects it (ideally the original packaging), using a tracked service. The return is at the buyer’s risk; the buyer is advised to insure it for the price of the work.
Return costs are borne by the buyer. Where the work, because of its size, cannot normally be returned by post, the estimated cost of returning it is stated in the order summary.
6.4. Refund
Fernand refunds all sums paid, including the initial delivery costs, no later than 14 days after the date on which it was informed of the decision to withdraw. Fernand may withhold the refund until it has received the work back or until the buyer has provided proof of having sent it, whichever is earlier. If the buyer expressly chose a more expensive delivery method than the standard method offered, the additional cost is not refunded.
The refund is made by bank transfer, the payment method used for the order, at no cost to the buyer.
The buyer is liable only for any diminished value of the work resulting from handling other than what is necessary to establish its nature, characteristics and functioning (for example: damage caused by inadequate return packaging, hanging that involved drilling, return without the certificate of authenticity).
6.5. Exclusion
The right of withdrawal does not apply to business buyers, nor to works made to order according to the buyer’s specifications.
7. AUTHENTICITY AND GUARANTEES
7.1. Guarantee of authenticity
Fernand guarantees that each work sold is:
- Original and made by the artist presented
- Accompanied by a certificate of authenticity signed by the artist
- In line with the description on the website (medium, dimensions, year)
7.2. If there is a problem
If the work received does not match its description or has a defect, the buyer contacts Fernand at contact@fernandgallery.com, ideally with photos. Fernand handles the matter together with the artist. This report is independent of the right of withdrawal and does not limit the statutory guarantees below.
7.3. Nature of the works and care advice
The works are made by hand with materials (paper, pigments, inks, canvas, varnish…) that naturally change over time and depending on how they are kept. The precautions specific to each work (sensitivity to light or humidity, hanging conditions) are stated on its page or provided with the order.
The following do not constitute a lack of conformity: the natural ageing of materials (slight patina, change in the shade of paper, fine cracking in an oil painting…), or any alteration resulting from unsuitable conditions of conservation, in particular prolonged exposure to direct sunlight or to a heat source, humidity, unsuitable framing or hanging, or handling contrary to the precautions stated.
7.4. Statutory guarantees
As the seller, Fernand is bound by the statutory guarantee of conformity (articles L. 217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), under the following conditions:
The consumer has two years from delivery of the goods to obtain the application of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.
The statutory 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 statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the statutory 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 in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement takes place after a period of thirty days; 3° The repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently 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 persists despite the seller’s unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The above rights result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the application of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
As the works are originals, bringing a work into conformity may take the form of a restoration carried out by the artist or by a qualified restorer.
8. LIABILITY
In accordance with article L. 221-15 of the French Consumer Code, Fernand is responsible to the consumer buyer for the proper performance of the sale, including where certain services (shipping, transport) are carried out by the artist or by a carrier. Fernand may be released from all or part of its liability by proving that the non-performance or improper performance is attributable to the buyer, to the unforeseeable and unavoidable act of a third party, or to force majeure.
The import duties and taxes referred to in article 2.3 are not Fernand’s responsibility.
For business buyers only, Fernand’s liability is limited to the total amount paid for the order concerned, except in the event of gross negligence or wilful misconduct.
9. COMPLAINTS AND CONSUMER MEDIATION
For any complaint, the buyer first contacts Fernand in writing, at contact@fernandgallery.com or by post to the registered office address. Fernand undertakes to reply as soon as possible.
In accordance with the provisions of the French Consumer Code on consumer dispute mediation, if your complaint to us has not received a satisfactory response, you may use a consumer mediation procedure free of charge with:
CM2C
49 rue de Ponthieu
75008 Paris, France
Phone: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
Mediation is optional: the buyer remains free to bring the matter before the competent courts.
10. INTELLECTUAL PROPERTY
The works sold on Fernand are protected by copyright. Buying a work gives the buyer ownership of the physical work, but does not transfer any right of reproduction, public display or exploitation, which remain with the artist.
The buyer may freely display the work at home and photograph it for private use. Any reproduction or distribution for commercial purposes requires the artist’s prior written consent.
The content of the website fernandgallery.com (texts, images, logo, Fernand brand) belongs to Studio 1107 or to the artists concerned and is protected by intellectual property law. Any reproduction without permission is prohibited.
11. PERSONAL DATA
Personal data collected in connection with an order (surname, first name, postal and email addresses, phone number) are processed by Studio 1107, as data controller, to manage and follow up the order, for invoicing and to comply with its legal obligations.
When the work is shipped directly by the artist, the buyer’s name, delivery address and phone number are passed on to the artist and to the carrier, solely for the purposes of delivery. If the artist is based outside the European Union, this constitutes a transfer of data outside the EU, governed by the conditions described in the privacy policy. Data are never sold or shared for marketing purposes.
The buyer has the right to access, rectify, erase, restrict, object to the processing of and port their data, which they can exercise at contact@fernandgallery.com, as well as the right to lodge a complaint with the CNIL, the French data protection authority (www.cnil.fr). More information: fernandgallery.com/privacy-policy/.
12. GOVERNING LAW AND JURISDICTION
These Terms are governed by French law. For consumer buyers residing outside France, this choice does not deprive them of the protection afforded by the mandatory provisions of the law of their country of residence.
In the event of a dispute, the parties first seek an amicable solution (article 9). Failing that, the consumer buyer may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or where the harmful event occurred, or before any other court with jurisdiction under the law. For business buyers, the courts of Paris have exclusive jurisdiction.
These Terms are drawn up in French. In the event of translation, only the French version is legally binding.