Terms of Sale
Last updated: 30 March 2026
Preamble
These Terms of Sale apply to all sales of physical products and online courses by CLOWN.ART, a French simplified joint-stock company (SAS) with share capital of €1,000.00, registered with the Paris Trade and Companies Register (RCS) under number 928 269 463, with its registered office at 200 rue de la Croix Nivert, 75015 Paris, France (the “Seller”), to consumers and non-professional customers (the “Customer”).
These Terms govern only sales made on www.clown.art. Sales through the Cultura marketplace (www.cultura.com) are subject to Cultura’s terms and the agreement between the Seller and SOCULTUR SAS. Sales in Le Géant des Beaux-Arts (GBA) stores or at physical events are subject to the specific conditions in the Returns and Refund Policy.
Placing an order on www.clown.art implies unconditional acceptance of the Terms of Sale in force on the order date.
Article 1. Products and services
1.1. Physical products
The Seller offers drawing equipment for artists, including coloured pencils, creative supplies and accessories.
1.2. Online courses (online school)
The Seller offers online drawing courses through its online school, hosted by Infomaniak. These include:
- A free introductory programme, included with any product purchase or available without purchase, containing free lessons.
- A guided programme, paid for as a one-off purchase, with three (3) months of access to exercise feedback, live sessions and advanced features.
- Lifetime access to the training videos.
Courses can be accessed on a phone, tablet or computer. Access to a Discord community is included.
Product photographs and descriptions are provided for guidance. The products and services sold comply with applicable French legislation.
1.3. Digital content compatibility and interoperability
Online courses require internet access (a stable connection is recommended), a recent web browser (Chrome, Firefox, Safari or Edge) and a compatible device (computer, tablet or smartphone). No additional software is required.
Article 2. Prices
Prices are stated in euros, inclusive of all taxes and exclusive of delivery charges. Delivery charges are shown before the Customer finally confirms the order.
The Seller may change prices at any time. Products are charged at the price in force when the order is confirmed.
Article 3. Orders
3.1. Ordering process
The steps are: (1) select products and add them to the basket; (2) check the basket; (3) enter delivery details; (4) select a delivery method; (5) select a payment method; (6) check the order summary; (7) confirm and pay.
Confirming the order constitutes acceptance of these Terms and creates a sales contract between Seller and Customer (Articles 1127-1 et seq. of the French Civil Code).
3.2. Order confirmation
An email summarising the essential order details is sent after payment confirmation (Article L.221-13 of the French Consumer Code).
Article 4. Payment
Accepted payment methods: Shop Pay, Visa, Mastercard, American Express, Cartes Bancaires, Apple Pay, PayPal and cryptocurrency (USDC). Local payment methods, depending on the country: Bancontact, Klarna and TWINT.
Payment is secured through Shopify Payments (PCI-DSS certified). The Seller never has access to the Customer’s full banking details.
Payment is debited when the order is confirmed.
Article 5. Delivery
Delivery conditions are detailed in our Shipping Policy. Stated delivery times are estimates.
Under Article L.216-1 of the French Consumer Code, delivery takes place no later than thirty (30) days after the contract is concluded, unless otherwise agreed. If that period is exceeded, the Customer may request termination of the sale under Article L.216-6 of the French Consumer Code.
Risk transfers when the Customer, or a third party designated by the Customer, takes physical possession of the products (Article L.216-4 of the French Consumer Code).
Article 6. Right of withdrawal
The procedure is detailed in our Returns and Refund Policy. Under Articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal without giving a reason or paying a penalty.
6.1. Exceptions to the right of withdrawal
Under Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:
- Made-to-measure or personalised goods.
- Digital content supplied without a physical medium where performance has begun with the Customer’s express consent and express waiver of the right of withdrawal (online courses whose access code has been activated).
Article 7. Statutory guarantees
7.1. Statutory guarantee of conformity
Under Articles L.217-1 to L.217-32 of the French Consumer Code, the Seller must deliver goods that conform to the contract. The Customer has two (2) years from delivery to invoke the statutory guarantee of conformity.
7.2. Guarantee against hidden defects
Under Articles 1641 to 1649 of the French Civil Code, the Customer may invoke the guarantee against hidden defects within two (2) years of discovering the defect. The Customer may choose between termination of the sale and a price reduction.
7.3. Mandatory statutory notice (Article D.211-2 of the French Consumer Code)
The consumer has two years from delivery of the goods to invoke the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish that the lack of conformity exists, not when it first appeared.
The statutory guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain conformity. It entitles the consumer to repair or replacement within thirty days of the request, free of charge and without significant inconvenience.
If goods are repaired under the statutory guarantee of conformity, the initial guarantee is extended by six months. If the consumer requests repair but the seller imposes replacement, the statutory guarantee of conformity is renewed for two years from the replacement date.
The consumer may keep the goods and obtain a price reduction, or terminate the contract and obtain a full refund upon returning the goods, if: (1) the trader refuses repair or replacement; (2) repair or replacement takes more than thirty days; (3) repair or replacement causes significant inconvenience; or (4) the lack of conformity persists despite the seller’s unsuccessful attempt to remedy it.
The consumer is also entitled to a price reduction or termination where the lack of conformity is serious enough to justify an immediate reduction or termination. The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
A seller who obstructs implementation of the statutory guarantee of conformity in bad faith may incur a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or a full refund upon their return.
Article 8. Liability
The Seller must deliver products that conform to the order. Under Article 1231-3 of the French Civil Code, the Seller is liable only for damages that were foreseen or foreseeable when the contract was concluded. This limitation does not apply to the Seller’s gross negligence or wilful misconduct.
In the event of force majeure within the meaning of Article 1218 of the French Civil Code, the Seller’s obligations are suspended.
Article 9. Intellectual property
All content on www.clown.art and in the online school is protected by intellectual property law. Access to online courses grants a personal, non-transferable right of use. Unauthorised reproduction, sharing or distribution of learning content is strictly prohibited.
Article 10. Personal data
Our Privacy Policy, available on www.clown.art, describes how Customers’ personal data is processed.
Article 11. Mediation and disputes
In the event of a dispute, the Customer is invited to contact the Seller’s customer service first: support@clown.art. If no amicable solution is reached, the Customer may refer the matter free of charge to the consumer mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris.
European Online Dispute Resolution platform
Article 12. Governing law
These Terms of Sale are governed by French law. If a dispute cannot be resolved amicably, the French courts have jurisdiction. Consumers living in another EU Member State benefit from the mandatory protections of the law of their country of residence.
Article 13. Customer reviews
Under Articles L.111-7-2 and D.111-17 to D.111-21 of the French Consumer Code and the Omnibus Directive (2019/2161), CLOWN.ART informs customers how reviews are collected, moderated and published on www.clown.art.
1. Collecting reviews
Reviews published on www.clown.art come from several sources:
- Post-purchase reviews through Trustpilot: after each order, an automated Trustpilot email invites the customer to review their purchase experience and the products received. These reviews are verified by Trustpilot.
- Product reviews through Judge.me: an application integrated into www.clown.art allows customers who have made a purchase to leave a review on the product page. Judge.me verifies that the review relates to a genuine purchase through Shopify.
- Reviews requested by email through Klaviyo: customers who have made a purchase may receive an automated Klaviyo email inviting them to rate their products and experience.
- Reviews collected at physical events through Google Forms: digital forms may be offered at fairs and exhibitions. These reviews are not subject to automatic purchase verification.
- Reviews requested by email through Google Forms: a form link may be emailed after a purchase. These reviews are not subject to automatic purchase verification.
2. Verifying reviews
Trustpilot: Trustpilot carries out verification using its own methodology, checking that the review comes from someone who placed an order. See its transparency information for details.
Trustpilot transparency information
Judge.me: the Shopify-integrated application verifies that a review is associated with a confirmed order. Only verified buyers can post a review. A “Verified purchase” badge is displayed where applicable.
Klaviyo: review requests are emailed only to customers who have made a purchase. The email is triggered automatically after delivery and linked to an order number verified in our system.
Google Forms (events and email): these reviews are not subject to automatic purchase verification. Reviews from physical events are identified as “event reviews”.
3. Moderation
CLOWN.ART does not remove negative reviews simply because they express dissatisfaction. Reviews are removed only if they:
- Contain insults, defamation, discrimination or content contrary to public order.
- Are clearly fraudulent: fake reviews, spam or reviews from competitors.
- Are unrelated to a CLOWN.ART product or service.
- Contain third parties’ personal data.
CLOWN.ART does not alter review content.
4. Ranking and display
By default, reviews are displayed from newest to oldest. Users can sort reviews by rating in ascending or descending order.
The displayed average rating is the arithmetic mean of all published reviews.
5. Reporting a review
If you believe a review is fraudulent or inappropriate, report it to support@clown.art. We undertake to handle reports within a reasonable period.
6. Trusted third-party providers
Trustpilot A/S — Pilestræde 58, 5th floor, 1112 Copenhagen K, Denmark.
Trustpilot independently collects and verifies reviews. CLOWN.ART cannot remove or modify reviews published on Trustpilot.
Judge.me — 222 Broadway, 19th Floor, New York, NY 10038, United States.
Judge.me is a review collection application integrated into Shopify. Reviews are linked to verified orders. CLOWN.ART may respond to reviews but does not modify their content.
Klaviyo, Inc. — 125 Summer Street, Boston, MA 02110, United States.
Klaviyo sends automated emails requesting reviews from customers after purchase.
Google LLC — 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
Google Forms is used to collect reviews at physical events.
Appendix — Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To: CLOWN.ART, 200 rue de la Croix Nivert, 75015 Paris, France — Email: support@clown.art
I hereby give notice that I withdraw from the contract for the sale of the goods below:
Order number: ________________________________
Ordered on: ____ / ____ / ________ Received on: ____ / ____ / ________
Consumer’s name: ________________________________
Consumer’s address: ________________________________
Signature (only for notifications on paper): ________________________________
Date: __________________
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