Order and Sales Terms

Version: 1.0
Effective date: 2026-08-12

These Order and Sales Terms apply to the order of a personalized artwork created by:

Seller: [SELLER_LEGAL_NAME]
Artist name: [ARTIST_NAME]
Status / legal form: [SELLER_LEGAL_FORM]
Registration number: [SELLER_REGISTRATION_ID]
VAT number, if applicable: [SELLER_VAT_NUMBER]
Address: [SELLER_ADDRESS]
Email: [SELLER_EMAIL]
Phone: [SELLER_PHONE]

Hereinafter the “Seller” or the “Artist”.

The order is facilitated by the Memora service, operated by Memora.

Memora is not the seller of the artwork.

The Memora service is currently provided free of charge.
Memora does not charge any fee to the customer or the Artist and does not receive any commission on transactions concluded through the service.
Payment for the artwork is made directly to the Seller, possibly using a payment service chosen by the Seller.
Memora does not receive, hold, or transfer the funds corresponding to the sale.

1. Purpose

These terms govern the sale by the Artist of an original handmade artwork based on a photograph or other instructions provided by the customer.

Memora only provides a service enabling, in particular:

• presentation of the project;
• collection of the customer's information;
• configuration of the artwork;
• transmission of the photograph and the customer's choices to the Artist;
• facilitation of communications relating to the project.

The sales contract for the artwork is concluded directly between the customer and the Artist.

2. Characteristics of the artwork

The ordered artwork is an original handcrafted creation made by hand by the Artist based on the elements stated in the order summary.

The contractual characteristics may include, in particular:

• the reference photograph;
• the subject represented;
• the dimensions;
• the support;
• the technique or medium;
• the selected options;
• the type of finish;
• any specific instructions accepted by the Artist.

The summary presented before the order is confirmed forms an integral part of the contract.

3. Artistic nature of the creation

The customer acknowledges that a handmade artwork necessarily involves artistic interpretation and variations from the reference photograph.

Minor differences may in particular concern:

• colors;
• textures;
• details;
• brushstrokes;
• proportions;
• rendering of materials;
• nuances related to the chosen medium.

These variations do not in themselves constitute a defect when they are inherent to handmade creation and remain compatible with the characteristics expressly agreed upon when the order was placed.

The Artist nevertheless remains required to provide an artwork that conforms to the agreed contractual characteristics.

4. Photograph provided by the customer

The photograph provided is used solely as a reference for creating the artwork.

The customer confirms that they are authorized to use and transmit this photograph in order to have the ordered artwork created.

Where other persons appear in the photograph, the customer confirms that they have the necessary rights or permissions to use the photograph in connection with this private order.

Where the photograph was taken by a third party, including a professional photographer, the customer is responsible for checking that they have the necessary rights for such use.

The customer undertakes not to submit content that is:

• manifestly unlawful;
• obtained fraudulently;
• manifestly infringing the rights of a third party;
• prohibited from being used to create the artwork.

The Artist or Memora may request additional information where there is serious doubt regarding the rights permitting use of the photograph.

5. No authorization for publication

Submitting a photograph as part of the order does not authorize either the Artist or Memora to publish it.

In particular, it does not authorize its use:

• on a public website;
• in a public portfolio;
• on social media;
• in advertising;
• in a commercial catalogue.

Any authorization that may subsequently be granted to Memora will be subject to a separate and optional choice.

The absence of such authorization does not affect the order.

6. Ordering process

The process generally includes the following steps:

1. submission of initial information through Memora;
2. access to the configurator;
3. submission of the reference photograph;
4. selection of the artwork's characteristics;
5. presentation of the price and main characteristics;
6. identification of the Seller;
7. review of the summary;
8. acceptance of these terms;
9. confirmation of the order and payment.

Before confirming the order, the customer can review and correct the information provided.

7. Conclusion of the contract

The sales contract is concluded between the customer and:

[SELLER_LEGAL_NAME]

when the customer definitively confirms the order with an obligation to pay.

The fact that the ordering process is technically accessible through Memora does not make Memora the seller.

Where Memora technically sends an order confirmation to the customer, that confirmation is sent as part of the intermediation service and clearly identifies the Artist as the seller.

8. Price

The applicable total price is the one presented to the customer immediately before the order is confirmed.

It is expressed in:

[CURRENCY]

and includes applicable taxes according to the Seller's status.

Where applicable, the summary separately specifies:

• the price of the artwork;
• options;
• delivery charges;
• applicable taxes;
• any other mandatory cost.

No additional cost not presented before confirmation of the order may be added without the customer's agreement.

9. Payment

Payment is due to the Seller:

[SELLER_LEGAL_NAME]

using the payment methods presented at the time of the order.

Memora does not sell the artwork in its own name.

Where payment is technically facilitated within the Memora journey (for example through a Stripe, SumUp, or PayPal payment link belonging to the Artist), payment is made for the benefit of the Seller in accordance with the terms indicated during the transaction.

Memora does not receive, hold, or transfer the funds corresponding to the sale.

10. Order confirmation

After placing the order, the customer receives, on a durable medium, a summary including in particular:

• the identity of the Seller;
• the characteristics of the artwork;
• the price;
• applicable charges;
• delivery information;
• these terms or a link enabling the customer to retain a copy;
• the order reference.

The customer is invited to retain this confirmation.

11. Start of creation

The Artist may begin creating the artwork after:

• confirmation of the order;
• receipt of the payment or agreed deposit;
• receipt of a usable photograph;
• confirmation of the necessary characteristics.

If the photograph or instructions are insufficient, the Artist or Memora may contact the customer before creation begins.

12. Creation and delivery time

The delivery period or delivery date applicable to the order is indicated to the customer before confirmation and repeated in the confirmation.

Contractual delivery deadline for the order: [DELIVERY_DEADLINE]

Depending on the circumstances, this period takes into account:

• the time required to create the artwork;
• any drying time;
• finishing;
• framing or stretching onto a stretcher;
• shipping.

In the event of an anticipated delay, the customer is informed as soon as possible.

13. Delivery

The artwork is delivered according to the method selected at the time of the order:

[DELIVERY_METHOD]

to the address provided by the customer.

The customer is responsible for the accuracy of the delivery information they provide.

Delivery charges and conditions are displayed before the order is placed.

The risk of loss or damage passes to the customer when they physically take possession of the artwork, subject to any applicable mandatory rules.

14. Personalized artwork and right of withdrawal

The artwork is created specifically for the customer based on their photograph and personal choices.

It therefore constitutes goods made to the consumer's specifications or clearly personalized.

Accordingly, where the legal conditions for this exception are met, the fourteen-day right of withdrawal may not be exercised for this order, in accordance with Article L.221-28, 3° of the French Consumer Code.

This exclusion does not limit the customer's rights where the artwork:

• does not conform to the order;
• is damaged;
• or benefits from an applicable statutory warranty.

15. Cancellation before creation

Regardless of any absence of a statutory right of withdrawal, the Artist may, as a commercial gesture, accept a cancellation request where creation has not yet begun.

Any possibility of commercial cancellation is assessed according to the progress of the order and does not constitute a general right to cancel.

The customer may send their request to:

[SELLER_EMAIL]

or, where Memora forwards requests:

contact@paintedwithmemora.com

16. Conformity and complaints

The Artist is responsible for the conformity of the artwork sold.

In the event of:

• damage during delivery;
• a manifest error in format or characteristics;
• an issue concerning the creation;
• or a defect that may fall within a statutory warranty,

the customer must contact:

[SELLER_EMAIL]

They may also contact Memora at:

contact@paintedwithmemora.com

Memora may then facilitate communication with the Seller, without replacing the Seller in the Seller's statutory obligations.

17. Statutory warranties

Where French consumer law applies, the customer benefits in particular from:

• the statutory guarantee of conformity;
• the statutory guarantee against hidden defects.

The Seller is responsible for these warranties.

Statutory notice

[INSERT_CURRENT_STATUTORY_LEGAL_GUARANTEE_NOTICE]

In the production version, this section must be replaced with the statutory notice applicable to the legal warranties in force for the Seller and the market concerned.

18. Consumer mediation

Where consumer mediation rules apply to the Seller, the customer may, after first submitting a written complaint to the Seller, refer the matter free of charge to the competent mediator.

Seller's mediator: [CONSUMER_MEDIATOR_NAME]
Address: [CONSUMER_MEDIATOR_ADDRESS]
Website: [CONSUMER_MEDIATOR_URL]

For a Seller established in another country, the details of the applicable out-of-court dispute resolution mechanism are indicated here:

[SELLER_ADR_INFORMATION]

19. Respective responsibilities of the Artist and Memora

The Artist is responsible in particular for:

• the sale of the artwork;
• its creation;
• its conformity;
• invoicing;
• delivery where this falls within the Artist's responsibility;
• statutory warranties associated with the sale.

Memora is responsible for its own intermediation service, including operation of the configurator and processing of data carried out for its own purposes.

Memora is not responsible for legal obligations incumbent on the Seller solely in the Seller's capacity as seller.

This allocation does not limit any responsibilities that may mandatorily apply to either party under the law.

20. Intellectual property in the artwork

Purchase of the physical artwork does not automatically transfer to the customer any intellectual property rights belonging to the Artist.

Unless otherwise agreed in writing, the customer acquires ownership of the ordered physical artwork for personal use.

The Artist's copyright remains governed by applicable law.

21. Personal data

Memora processes certain information necessary for operation of the configurator and transmission of the order.

This processing is described in:

Memora Privacy Policy

The Artist may also process certain data in their capacity as Seller in order to perform the order.

The Artist's privacy information is available at:

[SELLER_PRIVACY_URL]

22. Governing law

These terms are governed by:

[SELLER_GOVERNING_LAW]

This choice does not deprive a consumer of any mandatory protections they benefit from under the rules applicable to them.