Terms and Conditions

Terms and Conditions
Atelier Nadaï

Article 1 :

The website www.atelier-nadai.com is run by the company ATELIER NADAÏ which is headquartered at 8 rue François Arago, 47000 Agen, FRANCE, registered with the RCS of Agen under the number 495 090 169 00030.  Its electronic address is kyoko.nadai@wanadoo.fr and its telephone number is 05 53 67 90 75.

Article 2 : Object

The present terms conditions are an agreement between for one part Atelier Nadaï (hereinafter referred to as Seller) and users who wish to make a purchase on the website available at http://www.atelier-nadai.com, hereinafter referred to as Customer.  These general conditions of sale of the company Atelier Nadaï define the rights and obligations of the parties in connection with the sale of products by www.atelier-nadai.com to the customers of the site presently.

The Terms represent all obligations of the parties.  The parties agree that their relations will be governed by this contract. Atelier Nadaï reserves the right to adapt or modify at any time the present conditions.  If modified, it will be applied to each order conditions prevailing at the date of the order.
If a condition is found to be lacking, it would be deemed to be governed by the procedures in force in the area of distance selling, in accordance with French law alone will be applicable.

The Customer must be:
Either a physical person of at least 18 years of age and have full legal capacity
Either a physical person less than 18 years of age and be emancipated

Article 3 : 

Validation of orders and electronic signature:  Law of 13/03/2000 on electronic signature.

All orders taken of a product appearing within the on-line shop of the website www.atelier-nadai.com implies  the consultation and prior acceptance of these terms and conditions of sale.  The click of validation of the purchase implies full acceptance of the terms.  This click has value of digital signature (electronic signature).

Article 4 :  Price

The product's price is displayed in euros.  The VAT is included in the price displayed with the rate applicable in France, for the products concerned. 
Shipping costs apply - the shipping costs will be shown before the final confirmation of the order. 
The Seller reserves the right to modify the prices at any moment without any prior notice.  The prices of the products will be based on rates in effect at the time the Customer enters the order.  The ownership of the products remain within the Seller until full payment of the price by the Customer.  The price is payable in full in one payment.

Article 5 :  Products and availability

Product offerings and prices are valid as long as they are visible on the website, and until the stock has run out. 

The client can order on internet through the website www.atelier-nadai.com or by telephone from Monday to Friday between 9am to 12pm and 2pm to 5pm at the following number: +33(0)5 53 67 09 75.  The Seller reserves the right to cancel or to refuse any orders from a client with whom there was a dispute over payment of a previous order or who may present any form of risk.  Any order implies acceptane of prices and descriptions of products available for sale.  The Seller agrees to fulfill orders received on internet within the limits of available stocks of products.

The Seller does not guarantee in any way the availability of the products for sale during a precise period, and commits to notify by email or telephone all customers who have placed an order of any unavailable product.

In no way can the Customer engage the responsibility of the Seller assuming he/she would validate the order of an unavailable product.

In case of debit of the amount of the order regarding an unavailable product, the Seller commits to, within 30 days, according to the Customer's choice, either reimburse the Customer, or issue a credit of the amount of the order.  In case of unavailable product of one of the products of an order composed of several products, the Seller would send the rest of the order.

Article 6 :  Payment and security

Payment of the items purchased from the website will be done in the following manner:

  • by bank checks payable on French banks, the check will be for ATELIER NADAÏ, accompanied by the email confirming the order.  This check will be sent by snail mail at the headquarters of the Seller at Atelier Nadaï, 8 rue François Arago, 47000 Agen, France.
  • by bank card on-line : all transactions undertaken on-line can be paid by the secure serveur of Paypal. The payment is done directly with Paypal, the Seller has no access to the Customers bank details and will therefore not keep them on their servers.  This is the reason why the Customers card details are requested during each new purchase.

Article 7Fight against fraud:

Failure of the Customer to respect these obligation under the Terms of Sale, including fraud or attempted fraud, and any incident of payment could result in the suspension of access to www.atelier-nadai.com withhout prejudice to any damages that could be sought by the Seller.  The Seller reserves the right to refuse any order from a Customer with whom there is a dispute.  The Seller reserves the right to control the validity of the payment before shipment of the order, using any means he/she judges necessary (identity card, proof of address, etc.).

In case of fraud or suspicion of fraud, the Seller reserves the right to permanently suspend any such Customer without prior notice or compensation.

Article 8 :  Shipping, delivery and warranty

The Seller currently ships to Metropolitan France and countries inside the European Union.  Our products are shipped using Mondial Relay, for items that do not exceed 30kg, and unless customer specifies otherwise and accepts the shipping costs of specified service.  The Customer must fill in carefully all the fields of the delivery form, including his/her delivery address and include a landline or mobile phone number.  Once the Customer receives the order confirmation by email, he/she will confirm the Point Relais (Parcel Shop) of his or her choice. Neither the Seller nor the courier or delivery man can be held liable for failure of delivery due to inaccuracy or error in the delivery address.  The shipping times indicated in the confirmation of the order are calculated in working days.  The Seller cannot be held responsible for any delays or damage to the package caused by the courier.  The Customer.  The buyer must verify the content of the package to ascertain that the items included are in compliance with his/her order. Any irregularity must be notified by email to kyoko.nadai@wanadoo.fr and by registered mail within 48 hours maximum after reception of package, both to the Seller and the courier company.

- Giclee :  Estimated delivery time:  7 to 14 working days (30 days maximum). 
These are digital fine art prints on canvas, and Customer can count between 7 to 14 working days (production time included) once Seller receives full payment.

- BrushesEstimated delivery time:  30 days maximum for brush sets. 
These sets are order-made, the brushes are handmade and their production begins when order is placed (once payment is received). 

- BooksEstimated delivery time :  7 to 14 working days
Availability can depend on publishing company's response.

- Milk Paint and Fusion Mineral Paints:  Estimated delivery time: 5 jours
Once availability of product is confirmed, estimated delivery time using Mondial Relay is between 5 to 6 days once stock is confirmed.
If Customer choses Colissimo, estimated delivery time is between 3 to 5 days once stock is confirmed.
*Disclaimer: Color swatches shown in photos may vary by monitor and may not match actual color.

Concerning Mondial Relay:
At the request of the customer, we can use Mondial Relay for shipments in France and designated EU countries for parcels that do not exceed 30 kg.
On receipt of the confirmation of his order, the customer will confirm the Point de Relais of his choice by email.
If the carrier is unable to deliver the goods for reasons related to the buyer (absence, wrong address, etc.) "Atelier Nadaï" can not be held responsible for late delivery.
The delivery time is that of MONDIAL RELAY within an optimum delivery time of 6 working days.
Delays in delivery times can not give rise to damages.
Upon receiving the package, the buyer will have to check the condition of the products and the conformity of the order.
All comments must be notified by e-mail detailed to: kyoko.nadai@wanadoo.fr and registered mail within 48 hours of delivery addressed to both the carrier and "Atelier Nadaï".

Transportation incidents

Shipments travel at the expense, risk and peril of the recipient (Colissimo or Mondial Relay). We decline all liability for damage and damage resulting solely from the transport of goods.

Since compensation for this type of damage and damage to transport is provided for and regulated by national laws and international conventions, the buyer must, in the event of a loss, declare it directly to the carrier as soon as possible in order to to be compensated. It must not omit to make transport reservations if a package is damaged. It is always desirable to unpack the goods in the presence of the carrier. This is obligatory if a damage is noted (the mention "subject to unpacking" is not enough).

Article 10 : Force Majeur

Pursuant to Article 1148 of the Civil Code, the Seller will not be liable or deemed to have committed a mistake in the processing of your application if any delay or failure results from a case of force majeure.  These are considered fortuitous events or force majeure exempting all responsibility of all happenings or irresistible and unforeseeable circumstances beyond the control of the parties notably in the event of total or partial strike of transportation and natural disasters.

Article 11 : Acceptance of the buyer

By passing an ordrer on the website of the Seller implies that the Customer accepts the present terms and conditions. 
Passer commande via le bon de commande du site Internet de « Atelier Nadaï » compte pour acceptation pleine et entière des présentes conditions générales de vente. the present terms and conditions are recognized by the Customer, who therefore waives any documents or other such contrary dispositions.

Article 12 : Right of withdrawal

The customer has a 14 days period during which he/she can return the products purchased if they are deemed not suitable. The Customer will return the items at their expense, and must first inform the Seller of such decision by phone or by email to kyoko.nadai@wanadoo.fr  The return can be made using Mondial Relay or other such courier of the Customer's choice, with insurance in the market value of the products.  The shipping of returned items will be at the Customer's charge. Only products in their original packaging and unopened, undamaged and in perfect condition can be returned.  All products that have been opened or used, or whose package were damaged, will not be reimbursed nor exchanged.  Once the Seller receives the returned items, he/she will inspect the returned items and either reimburse the Customer for the price of the product, or replace it with another product.  The Seller has 15 working days to reimburse the Customer.

Regarding the deposits for workshops/Master Classes and courses paid through our online store
After signing this contract and paying the deposit, the Student has a 10 day waiting period during which he or she can withdraw the application. In case of withdrawal during this period, the school has to be notified of such decision immediately by letter sent through registered mail.  Any deposit sent during this time can be refunded during this period.  After this 10-days waiting period the deposit becomes non-refundable.

Article 13: Copyright

All elements of the website « ATELIER NADAÏ », whatsoever (except the photos belonging to Miss Mustard Seed's Milk Paints and Interiors, Homestead House Paints and other copyrights stipulated), are protected by copyright, trademarks, or patents.  They are the exclusive property of Atelier Nadaï. The reproduction of all or part of www.atelier-nadai.com is considered a counterfeit in the sense of the Intellectual property code.

Article 14: Disputes

The Terms will be executed and interpreted in accordance with French law. The parties shall seek before any dispute, an amicable agreement.

In case of disagreement or dispute concerning the validity, interpretation or enforcement of these Terms and Conditions, the courts of Agen will have jurisdiction.

TERMS AND CONDITIONS (regarding courses, workshops, master classes)

These terms and conditions (the “Terms”) govern all booking of and attendance at courses (the “Courses”) run by ATELIER NADAÏ (the “School”), registered at the Préfet de Région de Nouvelle-Aquitaine as vocational training center under the numéro d’activité
75470133347 whose registered address is located at 8 rue François Arago, 47000 Agen, France and is represented by Kyoko Nadaï, Administrative Director.

Quote, contract and certificate

For each course, the School undertakes to provide a quote or / and a training contract to the client. The latter is required to return to the School an informed, dated and signed copy with the mention "read and approved".  A certificate marking the end of the training (Certificate de Réalisation) will be provided at the end of the course.

Fees and payment methods

The course fees are indicated in euros and in accordance to Article 293-B of the CG we do not charge French VAT on any of our courses.  A deposit is to be paid at the time of registration.  The client has a 10-day ‘withdrawal period’ at the signing of the school contract during which he or she can cancel their booking without any charges.  Once this deadline is passed the deposit will be non-refundable.  The rest of the payment has to be made before the commencement of the Course. 

On the last day of the course, the client will receive an invoice.

Payment methods

Fees can be paid by credit or debit card online, by card over the phone or in person.

Withdrawal policy

After signing the school contract, the Student applying to the Course has a 10 day waiting period during which he or she can withdraw the application.  In case of withdrawal during this period, the school has to be notified of such decision immediately by letter sent through registered mail.  Any deposit paid during this 10-day period will be refunded if student withdraws his or her registration.  Please note that after this period the deposit is non refundable.*

*Due to the current sanitary crisis, if the student is unable to travel due to last-minute governmental restrictions such as closing of international borders, the deposit can be transferred to future courses.

Interruption of the Course:

If the Student’s participation in the Course is interrupted due to (a) the Student being given leave from the Course by the School or (b), the Student interrupting the Course, this Contract will become null and void under the following financial conditions:

  • Interruption of the course due to the School:

The tuition due will be calculated on a pro rata basis, according to the number of weeks that the Student attended class.

  • Interruption of the course by the Student:

      Once the course has started, the course tuition will be due in full and there will be no refund.

Intellectual property and copyright

Training materials, in whatever form (paper, digital, electronic, etc.) are protected by international intellectual property rights. The client is prohibited from using the content of the training courses, without prior authorization, to train other people or to offer a support service on the same subject.

Any reproduction, publication, or transmission, in whole or in part, of the training content, without prior authorization, is strictly prohibited, whatever the process and medium used.
Furthermore, the client may not modify, copy, reproduce, republish, upload, post, transmit, distribute by any means or in any manner any material or information on or downloaded from the school’s website without our permission.

Data protection

The school will only use the personal information the client sends inorder to provide courses and to inform the client about similar courses unless the client specifically informs the school otherwise. The school will not pass the client’s data to any other third parties.  The information collected (name, first name, organization, email, postal address, telephone number) is kept for the entire contractual period and then for up to three years from the end of the contractual relationship.  At any time, the client can exercise his or her right of access, rectification, removal or opposition by contacting kyoko.nadai@wanadoo.fr.

Booking of a course

When the client registers to a course, it is assumed that the client accepts the program described as well as the content of the specific course, and on the date of his or her booking – client will have received a copy of the brochure and the school contract.  The signature of the cost or the school contract implies the knowledge and the irrevocable and unreserved acceptance of these conditions.

Applicable law and attribution of jurisdiction

This “General Terms and Conditions” are governed by French laws and regulations.  In the event of difficulties with the interpretation or during their execution, an amicable solution will be sought and failing this, the Court of Agen will be the entity competent in settling the discord between the two parties.