General Sales Conditions

1: Introduction

These Terms and Conditions set out the rights and obligations of adp Production, a company specialising in the production and reproduction of paintings, owned by l’Agence Promo adp, SARL, a limited liability company with registered office at 32 rue Saint-Simon, Lyon 9ème (69009), registered with the Lyon Trade and Companies Register (RCS) under number B 379 048 218, with share capital of €38,125.00, and any buyer, either natural persons or legal persons, whether of not they are acting in a professional capacity, hereinafter referred to as the “Customer”.

 

2: Purpose
 
These Terms and Conditions of sale are intended to define our service and the terms of sale and delivery of reproductions of masterpieces and original custom-made creations and to define the rights and obligations of the parties in connection with the sale of products offered by adp. The Customer confirms that they have read these Terms and Conditions. The Customer declares that they are an adult in the eyes of the law and have full legal capacity. adp Production reserves the right to change these Terms and Conditions at any time.  However, only the Terms and Conditions in effect when the Customer’s order was taken will be applicable to said order.

 

3: Service

We supply paintings made in oil on canvas by artists using traditional techniques.
We provide the following range of services:

    • Reproduction and sale of reproductions of paintings by masters that are not subject to copyright or in the public domain
•Manufacture and sale of bespoke and special order canvases
• Sale of custom portraits from photos
• Digital Image Retouching and visual DTP creation, reproduced by painting on canvas on request.

 

4: Control of reproductions

“The artist has, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive monetary profit there from.” (Article of the French Law 123 – 1)
“Following the death of the artist, this right continues for the benefit of his heirs during the current calendar year and for the seventy years following.” Law No. 97-283 of 27 March 1997, Article 5)
Article 41 of Decree No. 1255 of 11 March 1957 governing literary and artistic property provides that a copy of an original work that appears in a national museum “must be larger or smaller than the height and width of the original by at least a fifth.” 

Outside of museums, a copy of a work in the public domain may be of any dimension, including the original size provided that it is identified as a copy permanently and definitively by affixing an indelible inscription on the back of the canvas stating that it is a copy of the original work, with the artist’s name and references to the original work. 
Today the reproduction of signatures is made possible by the decision of the French Supreme Court 1995 No. 571 of November 1995, subject to certain conditions:
Given that the copyist of a painting by a famous painter has met the statutory provisions authorising him to reproduce the work in question in a painting technique as long as its dimensions are significantly different, there is no violation of moral rights in the reproduction of the signature, which is undoubtedly part of the work itself. It would be different if this signing was part of a fraudulent scheme to create the impression to the buyer that the work is authentic. Given that the statement describing the work as a copy appears in a clear, unequivocal manner without concealment on the back of the picture, no blame may be attributable to the author of the statement.

Our creations in the style of the paintings of the great masters are faithful reproductions. The goal is not to offer replicas in the manner of a forgery. Each of our canvases is different to the original work in question, due in particular to the hand and the sensitivity of our copyists.

All of our canvases are executed entirely by hand using traditional techniques of oil painting on canvas.
For works that are not yet in the public domain, we propose buying the artist’s copyright from us, and this amount will be reflected in the quote provided.
We also reproduce artwork “in the style of…” with potential additions, changes and customised retouching to offer a completely unique and original reproduction.

 

5: Prices

The prices are supplied only on request and presented in euros without taxes, from the agency (excluding shipping charges).
Prices may vary between orders depending on the technique used, the size, the difficulty of the design to be reproduced and customisation work done in the DTP workshop before painting. 
The price includes packing costs. Shipping is extra and calculated based on size and place of delivery.
Any quote prepared in advance will be valid for one month from the date of issue.

 

6: The order
 
A deposit of 30% of the final price including taxes is due when the order is placed by the customer. No orders will be processed without the deposit being paid and the quote confirmed. The balance of the amount will be due prior to receipt of the painting or collection from the agency if Customer does not choose the home delivery option.

Payment is made by cheque, payable to adp Production or bank transfer only.

 

7: Delivery timescale

The lead time to delivery is stated on the invoice/purchase order. This period starts once the deposit payment, which confirms the order, has been received. The lead time to delivery varies depending on the size of the painting, the technique used and the place of delivery.
Delays in delivery may not result in payment penalties or interest from adp Production.
adp Production cannot be held responsible for any delays due to the failure of the Customer to provide information for which the Customer is responsible.
However, for all unjustified delays not covered by force majeure, exceeding ten weeks, the order may be automatically cancelled at the request of the Customer and the deposit refunded.

 

8: Customer obligations
 
The Customer shall provide all information and documents necessary for the effective completion of the order up to delivery of the artwork. The Customer shall provide files in a format that is usable by our artists within the time agreed and follow the payment terms of the order as specified in Article 6.

If the delivery option has been chosen, it is the Customer’s responsibility, in the event of damage or loss, to make a reservation or take action against the transport company responsible. adp Production cannot be held liable for damage caused by the Customer.

 

9: Returns
 
The Customer reserves the right to refuse an order upon receipt if it is not in accordance with their expectations or with previously confirmed quotes. The return request must be in writing between the two parties. The costs of return and risks of transportation are the responsibility of the Customer. adp Production will take back the goods after verification. A replacement will be offered or a credit on the next order.

 

10: Property
 
adp Production retains ownership of the goods sold until full payment of the principal amount. If full payment of the price is not made by the agreed date, adp Production reserves the right to cancel the order and retain the deposit paid by the Customer.

 

11: Applicable law
 
Any questions regarding these Terms and Conditions which are not covered in these contractual provisions will be exclusively governed by French law.

 

The adp Production website is published by Agence Promo Adp Ltd, a limited liability company whose registered office is at 32 rue Saint-Simon, Lyon 9ème (69009), registered with RCS Lyon under number B 379 048 218 and with a share capital of €38,125.