TERMS OF PURCHASE, DELIVERY AND RETURNS

💌 A Letter from Anna

My dear friends,

I am an artist who works not on a production line, but in a studio where each work follows its own path from the first idea to the finished image.

In every canvas, every line, every colour there is time, experience, emotion and the living presence of the person who created it.

I create paintings, design objects and author-designed pieces not as standardised products, but as works with character, history and their own atmosphere. Each piece forms part of my creative process and is conceived to bring aesthetics, meaning and lasting emotional value into your space.

That is why it is important to me that the terms of purchase are clear, fair and transparent — without hidden wording, yet with respect for the law and for you as a collector, art lover or buyer of author-designed pieces.

This letter is a personal address from the artist and is intended to explain the philosophy of my work. The legal terms of purchase, delivery and order processing are set out below in this document and apply to all sales.

Thank you for allowing my works to find their place in your life.

With warmth,
Anna Mamchur

1. Nature and Uniqueness of the Products

All works offered are the result of the individual creative activity of the artist Anna Mamchur and are created within the framework of her authorial artistic practice.

Original Paintings

Original paintings are unique works in a single экземпляр (pièces uniques).

Each canvas is created by hand and exists in only one physical form. Repetition, copying or serial reproduction of such works is not carried out.

Such works meet the definition of original works of art (œuvres d’art originales) within the meaning of professional artistic practice and the applicable norms of tax and civil law.

Author-Designed Objects and Reproductions

Certain products created on the basis of original works (printed or manufactured according to an authorial design) are issued in a limited edition — no more than 100 copies of each design.

These items are author-designed art objects or limited art reproductions which:

• are created exclusively on the basis of the artist’s original work;
• are produced under the author’s supervision;
• do not belong to mass industrial production;
• have artistic character and collectible value.

Authenticity

Each item is accompanied by an element confirming authenticity (signature, certificate or other proof of origin) certifying its authorial character.

Legal Qualification of the Sale

The sale is carried out as the sale of original works of art and authorial creations (vente d’œuvres d’art et créations d’auteur).

Such objects are subject to specific rules applicable to cultural and creative products, in particular with regard to limited editions, the individual nature of production and the absence of standardised interchangeability.

2. Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the Code de la consommation, the buyer in principle has a right of withdrawal in the case of distance purchases.

However, Article L.221-28 of the Code de la consommation provides for exceptions which may apply to certain categories of goods, in particular:

• works of art of an individual and non-interchangeable nature;
• goods made according to authorial or individual specifications;
• objects forming part of a limited artistic edition;
• digital content whose supply has begun after the buyer’s prior consent and waiver of the right of withdrawal.

The right of withdrawal does not apply in the cases provided for in Article L.221-28 of the Code de la consommation, in particular where a work has been created to the buyer’s individual order or produced according to their specifications, making it personalised and unsuitable for resale.

In other cases, the right of withdrawal applies in accordance with the law, provided that the conditions of the exceptions expressly provided for in Article L.221-28 of the Code de la consommation are not met.

Nevertheless, the buyer retains all statutory guarantees in the event of a proven defect, damage or non-conformity of the goods received with the order. Such situations are considered under the exceptions described in Section 8 of these Terms.

For digital products, placing an order constitutes the buyer’s express consent to immediate access to the content and confirmation of the waiver of the right of withdrawal once downloading has commenced.

3. Conclusion of the Contract

The sales contract shall be deemed concluded at the moment when all of the following conditions are simultaneously fulfilled:

• the buyer has placed an order via the website or another sales platform;
• payment has been successfully completed and confirmed by the payment system;
• the buyer has received an electronic confirmation of acceptance of the order.

From that moment, the selected work or item is reserved for the buyer and withdrawn from further sale.

Order processing is carried out within the period specified in Section 4 of these Terms (usually up to 2 working days, excluding weekends and public holidays in France).

Given that works may be offered simultaneously on several platforms (website, galleries, marketplaces, fairs), in exceptional cases overlapping sales may occur. If a purchased work proves to be unavailable at the time of order confirmation, the seller undertakes to:

• inform the buyer immediately;
• offer an alternative (if available); or
• issue a full refund of the amount paid using the same method of payment.

4. Sales Channels

Works may be presented and offered for sale simultaneously through several official distribution channels, including:

• on the artist’s official website;
• in her own online shop (including on e-commerce platforms such as Shopify or similar services);
• on marketplaces for author-designed works (including Saatchi Art or similar platforms);
• in physical galleries and during exhibitions;
• at cultural events, salons and art fairs;
• through other official professional art distribution channels.

This method of sale corresponds to established art market practice, where a work may be offered simultaneously to different collectors through several professional platforms.

Availability information is updated as promptly as possible; however, in isolated cases a parallel sale of the same work through another channel may occur before the technical status update.

In such a situation, the buyer will be offered without delay:

• a full refund of the amount paid using the same method of payment; or
• by mutual agreement — another available work or item of a similar nature.

5. Price and Delivery

The price indicated at the time of purchase on the official resources of Anna Mamchur is the total amount payable by the buyer, includes packaging and delivery costs and is determined in accordance with the seller’s applicable tax regime. Delivery is carried out from France to the address specified by the buyer when placing the order.

The seller operates under the VAT exemption regime (franchise en base de TVA). VAT is not applicable pursuant to Article 293B of the Code général des impôts.

Particular care is taken in packaging works of art, using protective materials and packaging methods adapted to the nature of the work in order to ensure its physical integrity during transportation.

Processing and Dispatch

Orders are usually processed within up to 2 working days (excluding weekends and public holidays in France).

After dispatch, the buyer is provided with tracking information.

Delivery Services

Delivery is carried out through professional postal and courier services (for example, La Poste, Colissimo, Mondial Relay or equivalent operators depending on the destination country).

Delivery times depend on the carrier and the country of receipt and are indicated as estimates. They are provided as indicative timeframes unless otherwise expressly provided by applicable law or by written agreement of the parties.

Additional Services (upon request)

By prior agreement before payment, the buyer may request:

• additional shipment insurance;
• reinforced or specialised packaging;
• individual delivery arrangements (where technically possible).

Such services may require additional payment.

International Delivery

For international shipments, customs formalities, taxes or import duties may apply in accordance with the legislation of the destination country.

These costs are borne by the buyer and are not included in the order price.

6. Order Processing

Each order is prepared individually, taking into account the nature of the purchased work or item.

The standard processing time is up to 2 working days (excluding weekends and official public holidays in France).

This time includes:

• preparation of accompanying documentation;
• inspection of the work’s condition prior to dispatch;
• professional packaging taking into account the requirements for transporting art objects;
• organisation of dispatch and handover to the carrier.

During periods of increased workload (public holidays, exhibitions, fairs or other professional events), the processing time may be slightly extended.

If the buyer requires urgent dispatch, this must be communicated before payment. We endeavour to accommodate such requests; however, priority processing cannot be guaranteed.

7. Delivery and Transfer of Risk

Delivery is carried out by professional postal or courier services selected depending on the destination and the nature of the shipment.

In accordance with Article L.216-4 of the Code de la consommation, the risk of loss or damage to the goods passes to the buyer at the moment of actual receipt of the parcel by the buyer or by a third party designated by them.

The seller remains responsible for the proper performance of the delivery contract until the goods are actually handed over to the buyer or to the person designated by them in accordance with Article L.216-4 of the Code de la consommation, regardless of which carrier performs the transportation.

Inspection upon Receipt

Upon receipt of the parcel, the buyer is advised to:

• check the external condition of the packaging in the presence of the delivery service representative;
• in the event of visible damage, request the preparation of a damage report (constat de détérioration) or make appropriate reservations at the time of acceptance.

If the parcel was delivered without the buyer’s personal presence (to a letterbox, collection point or via a third party), the buyer is advised to inform the seller within the shortest reasonable time after discovering the damage, providing supporting materials (photos, description, etc.).

Additional Transport Conditions

Upon the buyer’s prior request, the following may be arranged:

• additional shipment insurance;
• special transport conditions or reinforced packaging.

Such services are agreed individually before payment and may entail additional costs.

8. Returns in Exceptional Cases

Given the individual nature of works of art and their non-interchangeability, return conditions are determined in light of the applicable statutory guarantees and the specific circumstances of each case; however, each situation is considered individually and subject to prior written agreement with the seller.

Such cases are limited to:

• the existence of a manufacturing defect or damage not related to transportation;
• a confirmed shipping error (a different work or item was sent than ordered).

To review a request, the buyer must provide supporting materials (photographs, description and, if necessary, video) within a reasonable time after receipt.

The returned work must be:

• in its original condition;
• unused and not damaged after receipt;
• in the original packaging or equivalent protective packaging.

After verification of the return, the seller may offer a replacement (if available) or reimbursement of the amount paid.

Return shipping costs are determined in accordance with the applicable statutory guarantees and, in other cases, by prior agreement of the parties.

These provisions apply without prejudice to the mandatory guarantees provided for in Articles L.217-3 et seq. of the Code de la consommation and Articles 1641 et seq. of the Code civil.

9. Statutory Guarantees

The buyer benefits from the statutory guarantee of conformity (garantie légale de conformité) in accordance with Articles L.217-3 et seq. of the Code de la consommation, as well as the guarantee against hidden defects (garantie des vices cachés) in accordance with Articles 1641 et seq. of the Code civil.

Within the scope of these guarantees, the buyer is entitled to request repair, replacement or reimbursement of the price of the goods under the conditions provided for by applicable law.

These guarantees apply independently of any commercial terms and without additional cost to the buyer.

10. Unclaimed or Returned Shipments

If a shipment is returned to the seller for reasons beyond the seller’s control, in particular due to:

• the buyer providing an incorrect or incomplete address;
• refusal to accept the parcel without valid grounds;
• failure to collect the shipment within the time limit set by the carrier;
• lack of response or inability to deliver during delivery —

reshipment may be carried out after prior agreement with the buyer.

In such case, the costs of redelivery shall be borne by the buyer, unless otherwise agreed separately.

If the buyer does not contact the seller within 14 calendar days from the date of return of the parcel, the parties may agree to terminate the contract after prior notice to the buyer, with retention of the actual delivery and processing costs incurred.

11. Visual Characteristics

Images of the works are created with the aim of conveying their appearance, proportions and colour palette as accurately as possible, including through the use of neutral or studio lighting.

However, the perception of colour, contrast and texture may vary depending on:

• the technical parameters of the screen or mobile device;
• individual brightness and colour settings;
• lighting conditions in the space where the work is viewed after receipt.

Such differences resulting from the technical characteristics of digital display do not in themselves constitute a lack of conformity within the meaning of Articles L.217-3 et seq. of the Code de la consommation.

12. Payment

Payment is made through secure payment systems available at the time of placing the order (bank cards, PayPal, Apple Pay, Google Pay or other certified payment services depending on the sales platform).

All transactions are processed by accredited payment operators using technical means of data protection and encryption.

Payment is made in euros (EUR).

The order is deemed confirmed only after successful receipt of payment.

13. Taxes and Customs Formalities

All shipments are dispatched from the territory of France.

For international orders, customs regulations, import taxes, duties or other formalities established by the legislation of the recipient’s country may apply. Such charges are determined by the competent authorities of that country, are not controlled by the seller and are borne by the buyer.

These costs are not part of the price of the goods and cannot serve as grounds for cancellation of the order or for a claim for reimbursement.

14. Intellectual Property

All economic and moral rights in the works, images, designs and other creative outputs remain exclusively with the artist Anna Mamchur in accordance with the provisions of the Code de la propriété intellectuelle.

Purchasing a work entails the transfer to the buyer of ownership only of the material object (propriété matérielle du support), but does not entail the transfer of any intellectual property rights, including rights to:

• reproduction;
• distribution or commercial use;
• public display or publication;
• creation of derivative works;
• use of the image of the work for commercial or advertising purposes.

Any such use is possible only with the prior written consent of the author.

Only private, non-commercial use corresponding to the ordinary practice of owning an original work of art is permitted.

15. Force Majeure

The parties shall not be held liable for full or partial non-performance of their obligations if such non-performance results from force majeure within the meaning of Article 1218 of the Code civil of France.

Such circumstances include events that are unforeseeable, beyond the control of the parties and which could not reasonably have been avoided or overcome, including:

• natural disasters, fires, floods, extreme weather conditions;
• wars, terrorist acts, civil unrest;
• epidemics, pandemics, administrative restrictions or decisions of public authorities;
• disruptions of transport or postal-logistics networks, strikes or blockades;
• power outages or telecommunications failures preventing performance of the contract.

In the event of force majeure, performance of obligations shall be suspended for the duration of such circumstances. The party affected shall notify the other party within a reasonable time.

If the force majeure event continues for an unreasonable period and prevents performance of the contract, the parties may agree to terminate it without the application of penalties.

16. Protection of Personal Data

The processing of personal data is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and the applicable data protection legislation of France.

Personal data are collected and used exclusively for the purposes of:

• processing and fulfilling the order;
• organising delivery and after-sales communication;
• maintaining accounting and legal records;
• ensuring transaction security and preventing fraud.

The legal basis for processing is the performance of the sales contract and compliance with the seller’s legal obligations.

Data may be transferred only to technical service providers involved in fulfilling the order (payment operators, delivery services, hosting providers or e-commerce platforms) and solely to the extent necessary for the provision of their services.

Personal data are not sold or transferred to third parties for marketing purposes without the user’s separate consent.

The user has the right of access to their data, to rectification or erasure, as well as other rights provided for by the GDPR, by contacting the seller using the contact details indicated in this document.

17. Applicable Law and Jurisdiction

These Terms and all sales contracts are governed by the law of France.

In the event of a dispute, the parties shall seek to resolve it through negotiation and amicable settlement.

In the absence of agreement, the dispute shall be submitted to the competent courts in accordance with the rules of territorial jurisdiction established by applicable French and European legislation. This provision applies without prejudice to the mandatory consumer rights provided for by European and French law.

Before bringing legal proceedings, the buyer has the possibility to use the out-of-court dispute resolution procedure (médiation de la consommation) described in Section 18 of these Terms.

18. Consumer Mediation

In accordance with Articles L.612-1 et seq. of the Code de la consommation, the customer has the right to refer free of charge to a consumer mediator with a view to amicably resolving a dispute between the customer and the seller.

After a prior written complaint to Anna Mamchur Art which has not resulted in a resolution within a reasonable time, the customer may refer the dispute to the mediator.

The competent mediator is:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 Rue de Ponthieu
75008 Paris – France
🌐 https://www.cm2c.net

The customer may also use the European Online Dispute Resolution (ODR) platform:

🌐 https://ec.europa.eu/consumers/odr/

Recourse to mediation is voluntary and does not deprive the parties of the right to refer the matter to the competent courts in accordance with applicable law.

19. Updates to the Terms

These Terms may be updated periodically to reflect the development of the activity, changes in legislation or adaptation to new methods of sale and delivery.

The current version of the Terms is always published on the seller’s official resource with an indication of the date of the last update.

Updated provisions apply only to orders placed after their publication date and have no retroactive effect on previously concluded contracts.

20. Seller Identification

Seller (nom d’usage): Anna Mamchur Art
Legal name (état civil): LIAKHOVETSKA Anna
Business status: Artiste-auteur — independent creative activity (activité libérale non réglementée)
SIREN: 945 040 715
APE (NAF): 9003A — Création artistique relevant des arts plastiques
Date of registration in the RNE: 29/05/2025
Start date of activity: 01/06/2025
Business address (siège):
3 Rue de la Poste
66260 Saint-Laurent-de-Cerdans
FRANCE
Country of registration: France
📧 E-mail: anna.mamchur.art@gmail.com
🌐 Website: https://anna-mamchur-art.net

The activity is registered in the Registre National des Entreprises (RNE) as the creation and sale of original works of visual art and limited-edition author-designed works.

This information is provided in accordance with Article L221-5 of the Code de la consommation and enables the buyer to clearly identify the seller as the contracting party to the sales contract.