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Terms & Conditions

TERMS AND CONDITIONS OF SALE

Hilario’Art

These Terms and Conditions of Sale (the “Terms”) govern all sales made through the Hilario’Art online store, accessible in particular via the Shopify platform.

Any order placed on the Site implies full, unconditional, and unreserved acceptance of these Terms by the customer.

ARTICLE 1 – SELLER IDENTIFICATION

Hilario’Art
Simplified Joint-Stock Company (SAS) with a share capital of €1,000
Registered office: 60 rue François 1er, 75008 Paris, France
Registered with the Paris Trade and Companies Register (RCS Paris)
SIREN: 999 533 193
SIRET: 999 533 193 00010
EU VAT number: FR82 999533193

Legal representative and publishing director: Hilario DE PAÏVA
Contact: contact@hilarioart.com

ARTICLE 2 – SCOPE OF APPLICATION

These Terms apply to all sales of artworks and artistic objects made by Hilario’Art:

  • to individual consumers (B2C), and

  • occasionally to professional customers (B2B).

Certain provisions may differ depending on the customer’s status, particularly with regard to the right of withdrawal and liability.

ARTICLE 3 – PRODUCTS AND NATURE OF THE ARTWORKS

Hilario’Art designs and sells:

  • unique artworks,

  • limited edition artworks, produced in deliberately restricted quantities (generally fewer than 100 copies),

  • custom-made artworks, created according to the customer’s specifications.

Each artwork is an original artistic creation, which may incorporate elements inspired by the automotive universe, as part of a process of artistic transformation and aesthetic enhancement.

ARTICLE 4 – CERTIFICATE OF AUTHENTICITY

Each artwork is accompanied by a certificate of authenticity, attesting in particular to:

  • its artistic nature,

  • its signature,

  • its date of creation,

  • its edition number where applicable.

ARTICLE 5 – PRICES

Prices are stated in euros (€), all taxes included (VAT included), including French VAT where applicable.

The prices applicable are those displayed at the time the order is validated.
Hilario’Art reserves the right to modify its prices at any time, without retroactive effect.

ARTICLE 6 – ORDERS

An order becomes final and binding after:

  • product selection,

  • validation of the shopping cart,

  • acceptance of these Terms,

  • full payment of the price.

Hilario’Art reserves the right to refuse or cancel any order in the event of a prior dispute, suspected fraud, or payment default.

ARTICLE 7 – PAYMENT METHODS

The following payment methods are accepted:

  • Visa

  • Mastercard

  • American Express

  • Bank Cards

  • Apple Pay

  • PayPal

  • USDC

  • Klarna

  • Shop Pay

Installment Payments

Payment in installments is offered exclusively to individual consumers, via Klarna or PayPal, subject to acceptance by these providers.

ARTICLE 8 – TRANSFER OF OWNERSHIP

Ownership of the artwork is transferred to the customer upon full payment of the order, regardless of the delivery date.

ARTICLE 9 – TRANSFER OF RISK

The transfer of risk (loss, theft, or damage) occurs only upon effective delivery of the artwork to the customer, against signature.

The customer must check the condition of the artwork upon delivery.
If damage attributable to the carrier is found, Hilario’Art will open an investigation and propose an appropriate solution (repair, replacement, or other).

ARTICLE 10 – DELIVERY AND CLICK & COLLECT

Delivery terms are detailed in the Site’s Shipping Policy.

In-store Pickup (Click & Collect)

A click & collect service may occasionally be offered, notably at the Coligny Car Museum (Ain, France).

When this option is selected:

  • the order must be collected within a maximum period of 30 days from confirmation of availability,

  • after this period, the order may be cancelled and refunded.

ARTICLE 11 – RIGHT OF WITHDRAWAL (CONSUMERS)

11.1 Withdrawal Period

In accordance with consumer law, the consumer customer has a 30-day period from receipt of the artwork to exercise their right of withdrawal.

11.2 Exclusions

The right of withdrawal is expressly excluded for:

  • custom-made artworks,

  • personalized artworks or works created according to the customer’s specifications,

in accordance with Article L221-28 of the French Consumer Code.

11.3 Conditions

To exercise the right of withdrawal, the customer must notify their decision in writing.
Artworks must be returned in perfect condition and in their original packaging.

Full return and refund procedures are detailed in the Site’s Return Policy.

ARTICLE 12 – REFUNDS

In the event of a compliant return, refunds are issued within a maximum period of 14 days from receipt of the returned artwork or proof of shipment, whichever occurs first.

ARTICLE 13 – USE OF ARTWORKS

Artworks are intended for strictly private use.

Any commercial, promotional, advertising, or professional use, including reproduction or distribution of images of the artworks, is strictly prohibited without prior written authorization from Hilario’Art.

ARTICLE 14 – RESALE PROHIBITION

The resale of artworks, for commercial or professional purposes, is strictly prohibited without the express prior written consent of Hilario’Art.

ARTICLE 15 – INTELLECTUAL PROPERTY

Hilario’Art remains the exclusive holder of all intellectual property rights attached to the artworks, including copyright and moral rights.

No transfer of intellectual property rights is granted to the customer.

ARTICLE 16 – NON-AFFILIATION WITH AUTOMOTIVE BRANDS

Hilario’Art is an independent artistic entity.

Hilario’Art is not sponsored, associated, approved, endorsed, or affiliated, in any way, with the following automotive brands (non-exhaustive list):

  • Porsche

  • Ferrari

  • Bugatti

  • Lamborghini

  • McLaren

  • BMW

  • Audi

  • Maserati

  • Mercedes-Benz

These brands remain the exclusive owners of their names, logos, registered or unregistered trademarks, designs, models, and distinctive elements.

Any reference to these brands is made solely for artistic, cultural, or contextual purposes, within a creative approach aimed at transforming, restoring, and giving a second life to objects so that they may become works of art, leaving an artistic trace of our time.

No commercial confusion is intended or sought.

ARTICLE 17 – LIMITATION OF LIABILITY (B2B)

With regard to professional customers, Hilario’Art’s liability is strictly limited to the amount of the order concerned.

Hilario’Art shall not be held liable for any indirect, immaterial, or commercial damages, including loss of profit, loss of turnover, or loss of opportunity.

ARTICLE 18 – FORCE MAJEURE

Hilario’Art shall not be held liable for any failure or delay in performance resulting from a force majeure event as defined under Article 1218 of the French Civil Code.

ARTICLE 19 – AMICABLE SETTLEMENT AND MEDIATION

In the event of a dispute, the customer is invited to contact Hilario’Art first in order to seek an amicable solution.

Consumer customers may resort free of charge to a consumer mediation service, the details of which will be specified and updated on the Site.

ARTICLE 20 – APPLICABLE LAW AND JURISDICTION

These Terms are governed exclusively by French law.

Any dispute shall fall under the jurisdiction of the French courts, subject to mandatory consumer protection provisions.

Lifetime warranty

Every artworks is backed by Lifetime Warranty.

restored keys

They come from our various approved VHU centers.

Premium french quality

Each Artworks is handcrafed in France using premium materials.

express delivery

Orders are shipped within 2 to 5 business days.