Terms and conditions of sale

1. Scope

These terms and conditions of sale apply to all orders for paintings placed with Nivlak, the artist name of Hugues du Plessis, Chemin des Tines 22, 1260 Nyon, Switzerland (“the artist”). The client is the person who places the order.

Anything agreed in writing in the quote takes precedence over these terms. The version that applies is the one in force when the order is confirmed.

2. The works

The artist paints still lifes to order (“portraits in objects”) based on objects chosen together with the client. Each painting is a unique, signed piece in acrylic and Posca on canvas.

The artistic interpretation (composition, style, colours) is the artist’s. The images on the website are examples: every work is different, and colours may look different depending on your screen.

3. Enquiry, quote and contract

• There is no online shop. The client sends an enquiry by email. The enquiry is not binding.
• A first conversation defines the project: objects, format and any other wishes.
• The artist then prepares an individual quote. It states in particular the format, the price, the amount of the deposit, the indicative timing and the delivery method. The quote is valid for the period stated in it.
• The order is confirmed when the client accepts the quote in writing (an email is enough) and pays the deposit. The contract is then concluded.

4. Prices

Prices are in Swiss francs (CHF). Paintings start from CHF 500, depending on the format and the project. The final price, including any delivery costs, is stated in the quote. Prices shown on the website are indicative.

5. Deposit and balance

• A deposit is due when the order is confirmed. Its amount is stated in the quote. Work begins once the deposit has been received.
• The balance is due when the client approves the finished work, and at the latest on delivery.
• Unless agreed otherwise, the work is handed over or sent once the balance has been paid.
• Payment details are set out in the quote or invoice.

6. Timing

A painting is usually ready 3 to 5 weeks after the project has been approved. This timing is indicative.

If the painting is needed for a particular date (a birthday, a celebration), the client says so in the enquiry. A delivery date is only binding on the artist if it is confirmed in writing in the quote. A slight overrun of an indicative timing does not give rise to a claim for damages. If there is a significant delay, the artist will let the client know and a solution will be sought together.

7. Approval and adjustments

When the painting is finished, the artist shows it to the client, in person or by photograph. If the painting does not match the agreed project, reasonable adjustments may be discussed before approval.

This is not a right to unlimited changes. The overall composition and artistic style are not, in principle, reopened. Requests that go beyond the agreed project may be quoted separately.

The client approves the work in writing (an email is enough). Once approved, the work is delivered ready to hang.

8. Cancellation

• The client may cancel the order in writing. If work has not yet started, the deposit is refunded.
• Once work has started, the artist keeps the deposit to cover the work done and materials. Any other statutory rights, in particular under Art. 377 CO, are reserved. On request, the artist will tell the client whether work has started.
• If the artist is unable to complete the work (for example due to illness), he will inform the client and refund any amounts already paid. Any further claims are excluded, to the extent permitted by law.

9. Delivery and transfer of risk

Delivery is within Switzerland only, by hand or by post. The arrangements and any costs are stated in the quote. The artist packs the work with care.

Risk (loss, damage) passes to the client when the work is handed over or, if it is sent, when it is delivered to the address given by the client. The client checks the work on receipt and reports any damage without delay, if possible with photographs of the packaging and the work.

10. No right of withdrawal

Swiss law does not provide a general right of withdrawal for distance or online purchases. In addition, each painting is made to measure according to the client’s specifications.

For clients resident in the European Union, the right of withdrawal is also excluded for goods made to the consumer’s specifications (Art. 16(c) of Directive 2011/83/EU). A confirmed order therefore cannot be cancelled by simple withdrawal: section 8 applies.

11. Defects

Features typical of a hand-painted work (brushstrokes, textures, shades of colour) are not defects. If the delivered work has a defect, the client reports it without delay. The artist may first offer to repair it. Mandatory statutory rights are reserved.

12. Intellectual property

• The artist keeps the copyright in the work (Swiss Copyright Act, CopA). The client becomes the owner of the physical canvas but does not acquire any reproduction rights.
• The client may photograph the work and share those photographs for private purposes, including on social media, crediting the artist (Nivlak or @nivlak.art).
• Any other reproduction, in particular for commercial purposes (prints, cards, products, advertising), requires the artist’s written consent.
• The client may give, lend or resell the original.
• The artist may photograph the work and publish the images (portfolio, website, Instagram and other presentations of his work). The client may object in writing (an email is enough) before delivery. The artist will then not publish the work. The name of the client or of the person receiving the painting is never published without consent.

13. Objects, trademarks and information provided by the client

The objects shown may bear third-party trademarks or logos. They are painted as elements of an artistic work. The artist has no connection with these brands.

The client confirms that they are entitled to share the information they provide about the person receiving the painting. The artist may decline a project that breaches the law or the rights of third parties.

14. Liability

The artist is liable for damage caused intentionally or through gross negligence. In cases of slight negligence, and to the extent permitted by law, his liability is limited to the price of the order and excluded for indirect damage (for example loss of profit).

The artist is not liable for damage caused by improper handling, hanging or storage after delivery (for example prolonged direct sunlight or damp). Mandatory statutory provisions are reserved.

15. Personal data

The client’s data is processed in accordance with the privacy policy.

16. Governing law and jurisdiction

The contract is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Nyon (canton of Vaud).

Mandatory rules protecting consumers are reserved, in particular a consumer’s right to bring proceedings before the court of their place of residence. In the event of a dispute, the parties will first try to reach an amicable solution.

17. Final provisions

If any provision of these terms is invalid, the remaining provisions continue to apply. In the event of any discrepancy between language versions, the French version prevails.

Version of 1 October 2026