Sophie COSTA

Terms and Conditions of Sale

sophiecosta.com

Last updated: 09/07/2026

Preamble

These Terms and Conditions of Sale (hereinafter the "Terms") govern all distance sales of artworks concluded through the website sophiecosta.com (hereinafter the "Site") between:

Sophie Costa, visual artist, operating as a sole trader (entreprise individuelle), SIRET: 490 618 600 00020 — APE code: 923A Maison des Artistes registration no.: C664980 Contact address: 105 chemin du Soyard, 69126 Brindas, France Telephone: +33 (0)6 24 36 42 61 Email: [email protected]

hereinafter referred to as the "Seller" or the "Artist",

and any natural or legal person making a purchase on the Site, hereinafter the "Customer" or the "Buyer".

The artworks offered for sale are aimed at both consumers and professionals. Where a provision applies specifically to consumers within the meaning of the French Consumer Code (Code de la consommation), this is indicated as such.

Article 1 — Purpose and scope

These Terms define the rights and obligations of the parties in connection with the online sale of the artworks presented on the Site.

They apply to any order placed on the Site, to the exclusion of all other conditions. Placing an order implies the Customer's full and unreserved acceptance of these Terms, which the Customer declares to have read and accepted before validating their order.

The Seller reserves the right to amend these Terms at any time. The Terms applicable are those in force on the date the order is placed.

Article 2 — Artworks offered for sale

The artworks presented on the Site are original works of art by Sophie Costa (mixed media, collage, upcycling, dripping), grouped into collections (notably CANS, NOW, RAW and WRITING).

As each artwork is unique, it is available in a single copy only. The sale of an artwork automatically results in its withdrawal from sale.

The photographs, descriptions, dimensions and material specifications shown on the Site are provided for information purposes and with the greatest care. Slight variations in colour or appearance may nonetheless exist between the on-screen representation and the actual artwork, without this giving rise to any liability on the part of the Seller. The handmade nature of the works and the use of reclaimed materials contribute to the singular character of each piece.

Certain artworks may be produced to order or personalised at the Customer's request. Such works are subject to the specific regime set out in Articles 8 and 10.

Article 3 — Prices

The prices of the artworks are shown in euros (€), inclusive of all taxes, the Seller being subject to VAT. The applicable VAT rate is that in force on the date of the order.

The prices displayed are inclusive of delivery costs: delivery is free (see Article 6).

The Seller reserves the right to modify its prices at any time. Each artwork is, however, invoiced on the basis of the price in force at the time the order is validated.

Article 4 — Orders

The Customer selects the artwork(s) they wish to purchase, reviews the details of their order, and then validates it after accepting these Terms.

The order is only definitively recorded once payment has been confirmed. A confirmation email summarising the order is sent to the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order, or in the event of a serious and manifest difficulty.

In accordance with Article 1127-2 of the French Civil Code, validation of the order constitutes acceptance of the prices and descriptions of the artworks available for sale.

Article 5 — Payment

Payment is made online, at the time of the order, by bank card via the secure payment solution Stripe.

The Customer's bank details are transmitted in encrypted form and processed directly by the payment provider; they are neither collected nor stored by the Seller.

The order is validated after confirmation of authorisation by the banking payment centres. If payment is declined, the order is automatically cancelled.

The artwork remains the property of the Seller until full payment of the price (retention of title clause), notwithstanding delivery, in accordance with Articles 2367 et seq. of the French Civil Code.

Article 6 — Delivery

Delivery area: the Seller ships worldwide. For deliveries outside the European Union, any customs duties, import taxes and local formalities remain the sole responsibility of the Customer and are not included in the price.

Delivery costs: delivery is free, regardless of the destination.

Lead times: artworks are dispatched within 5 business days of payment confirmation, unless otherwise stated on the artwork's page or agreed with the Customer. Transit time then varies according to the destination. Delivery times are given for information purposes only.

Given their value and fragility, artworks are carefully packaged and shipped by a tracked and insured method.

The Customer undertakes to check the condition of the parcel upon receipt (see Article 9).

Article 7 — Transfer of ownership and risk

Ownership of the artwork is transferred upon full payment of the price.

The transfer of risk (loss, theft, damage) takes place, for a consumer Customer, at the moment when the Customer, or a third party designated by them, takes physical possession of the artwork, in accordance with Article L216-4 of the French Consumer Code.

Article 8 — Right of withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code, a consumer Customer has a statutory right of withdrawal of 14 days from receipt of the artwork, without having to give any reason.

As a commercial gesture, the Seller extends this period to 15 days from the date of delivery, in accordance with its Return Policy (available at: https://sophiecosta.com/politique-de-retour/), which forms an integral part of these Terms.

Exclusion: in accordance with Article L221-28 3° of the French Consumer Code, the right of withdrawal does not apply to artworks made to order, personalised or clearly tailored to the Customer's request. The Customer is expressly informed of this at the time of ordering such an artwork.

To exercise the right of withdrawal, the Customer notifies their decision by an unambiguous statement sent by email to [email protected], stating their order number. If they wish, they may use the model withdrawal form provided in the appendix to these Terms, although its use is not mandatory.

Article 9 — Returns and refunds

In the event of withdrawal under the conditions of Article 8:

  • The artwork must be returned in its original condition, undamaged, and in suitable packaging ensuring its protection during transport.
  • Return shipping costs are borne by the Customer. The Customer is strongly advised to choose a tracked and insured shipment covering the full value of the artwork, in order to guarantee its safe receipt. The Customer bears the risk of the return transport.
  • The Customer may be held liable for any depreciation of the artwork resulting from handling other than that necessary to establish its nature and characteristics.

Return procedure:

  1. Contact the Seller by email at [email protected], stating the order number.
  2. The Seller then provides the return address and instructions.
  3. Following receipt and inspection of the artwork, the refund is issued within 7 business days, using the original payment method.

The Seller may withhold the refund until the artwork has been recovered or until the Customer has provided proof of its dispatch, whichever occurs first (Article L221-24 of the French Consumer Code).

Article 10 — Artwork damaged in transit

If the parcel arrives damaged, the Customer is invited to report this to the Seller within 48 hours, at [email protected], with supporting photographs, so that a claim can be filed with the carrier.

The Customer is advised, where applicable, to make precise and detailed reservations with the carrier at the time of receipt.

Article 11 — Statutory guarantees

Independently of any commercial guarantee, the consumer Customer benefits from the following statutory guarantees under French law:

Statutory guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code): the Customer has a period of 2 years from delivery of the artwork to take action. As each artwork is unique, where a proven lack of conformity exists and repair or replacement is impossible, the Customer may be entitled to a price reduction or to rescission of the sale under the conditions provided by law.

Guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code): the Customer may choose to invoke this guarantee; they may then choose between rescission of the sale or a reduction of the price, in accordance with Article 1644 of the French Civil Code. Action must be brought within 2 years of discovery of the defect.

These guarantees apply without prejudice to the right of withdrawal provided for in Article 8. The distinction between the handmade character of the artwork (natural variations, reclaimed materials) and a lack of conformity is assessed with regard to the description shown on the artwork's page.

Article 12 — Intellectual property

The artworks presented and sold on the Site remain the intellectual property of their author, Sophie Costa.

In accordance with the French Intellectual Property Code, the acquisition of an original artwork does not entail any transfer of the reproduction and representation rights attached to that artwork. The Customer acquires the physical medium of the artwork, to the exclusion of any exploitation right (reproduction, adaptation, distribution, commercial use), save with the specific written consent of the Artist.

All elements of the Site (artworks, photographs, texts, logos, graphics, videos, structure) are protected by copyright. Any unauthorised reproduction is prohibited.

A resale right (droit de suite) may, where applicable, apply to subsequent resales of the artwork under the conditions provided for in Articles L122-8 and R122-2 et seq. of the French Intellectual Property Code.

Article 13 — Personal data

Personal data collected in connection with an order is processed in accordance with the applicable regulations (GDPR and the French Data Protection Act) and the Seller's privacy policy.

The methods of collection and use of data, and the exercise of rights (access, rectification, erasure, objection, restriction, portability), are detailed in the Site's Legal Notice: https://sophiecosta.com/mentions-legales/

The Customer may exercise their rights by writing to [email protected] and has the right to lodge a complaint with the French data protection authority (CNIL).

Article 14 — Liability and force majeure

The Seller may not be held liable for non-performance or improper performance of the contract attributable either to the Customer, to the unforeseeable and insurmountable act of a third party, or to an event of force majeure within the meaning of Article 1218 of the French Civil Code.

The Seller's liability may not be engaged for any damage resulting from improper use, lack of care or unsuitable display of the artwork after its delivery (prolonged exposure to direct light, humidity, etc.).

Article 15 — Dispute resolution and consumer mediation

These Terms are governed by French law.

In the event of a dispute, the Customer shall first contact the Seller in order to seek an amicable solution, at [email protected].

Consumer mediation: in accordance with Articles L611-1 et seq. of the French Consumer Code, the consumer Customer has the right to use, free of charge, a consumer mediator with a view to the amicable resolution of any dispute with the Seller. The competent mediator is:

Recourse to mediation is free of charge for the consumer Customer. It may only be initiated after a prior attempt to resolve the dispute directly with the Seller, and within a maximum period of one year from the written complaint sent to the Seller.

Failing an amicable resolution, any dispute falls within the jurisdiction of the French courts. For disputes with a professional, the ordinary rules of jurisdiction apply.

Note: the European Online Dispute Resolution (ODR) platform was permanently discontinued on 20 July 2025. No reference to that platform should appear on the Site.

Article 16 — Archiving and evidence

The computerised records kept in the systems of the Seller and its payment provider shall be regarded as evidence of the communications, orders and payments made between the parties.

Orders and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1379 of the French Civil Code.

Appendix — Model withdrawal form

(To be completed and returned only if the Customer wishes to withdraw, in cases where the right of withdrawal applies.)

For the attention of Sophie Costa — 105 chemin du Soyard, 69126 Brindas, France — [email protected]:

I hereby give notice of my withdrawal from the contract for the sale of the artwork below:

  • Ordered on / received on: ...........................
  • Order number: ...........................
  • Customer's name: ...........................
  • Customer's address: ...........................
  • Date: ...........................
  • Signature (only if this form is notified on paper): ...........................