Terms of sale
TERMS OF SALE
Last updated: September 13, 2026
These Terms of Sale govern purchases made through palmnoirstudio.com and form the contract between the customer and the seller.
1. Seller information
Palm Noir is operated by:
OGENIUS SARL
Share capital: EUR 1,000
Registered office: 4 Rue Clovis, 57000 Metz, France
SIREN: 982 619 827
RCS Metz
VAT number: FR05 982619827
Email: contact@palmnoirstudio.com
Phone: +33 6 31 00 94 33
Website: https://palmnoirstudio.com
For the purposes of these Terms, “Palm Noir”, “we”, “us” and “our” refer to OGENIUS SARL.
2. Scope
These Terms apply to consumer purchases made through the Palm Noir website.
Palm Noir currently sells and ships its products to customers located in the United States.
By placing an order, you confirm that you have read and accepted these Terms of Sale, together with our Privacy Policy, Return & Refund Policy and Shipping Policy.
3. Our products
Palm Noir creates personalized physical wall art from photographs supplied by the customer.
Customers can choose from the Palm Noir styles available on the website, upload their photographs, generate personalized previews and select the artwork they wish to purchase.
The formats currently offered include:
18×24" Premium Poster
18×24" Poster + Hanger
18×24" Canvas
The formats, prices and availability displayed on the product page at the time of purchase form part of the order.
Palm Noir may modify its product range, styles, formats or prices for future orders at any time. Such changes do not affect orders already confirmed.
4. Personalization and artwork preview
Customers are responsible for selecting their preferred style and uploading suitable photographs.
Palm Noir currently allows customers to generate up to 3 complimentary artwork generations before checkout.
The customer selects the artwork they wish to purchase before completing the order.
Because the customer can preview the personalized artwork before payment, the selected preview forms the visual basis of the product ordered.
Minor differences may occur between the on-screen preview and the physical print due to screen calibration, printing processes, materials, cropping, scaling, bleed requirements or colour reproduction.
Palm Noir may make minor technical adjustments required to prepare the selected artwork for production, provided that such adjustments do not materially change the selected design.
5. Customer photographs
You confirm that you own, control or have the necessary permission to use every photograph you upload.
If a photograph depicts another person, you confirm that you have the necessary authority or consent to use that photograph for the creation of the personalized artwork.
You must not upload content that is unlawful, fraudulent, defamatory, infringing, abusive or that violates the intellectual property, privacy or other rights of another person.
Palm Noir may refuse or cancel an order where the supplied material cannot lawfully or reasonably be used.
Customer photographs are handled in accordance with our Privacy Policy.
6. Generative technology
Palm Noir uses generative technology as part of its creative personalization process.
Every Palm Noir style begins from a visual direction designed and developed by Palm Noir. Generative tools are then used to adapt those visual worlds around customer photographs.
Because generative systems involve artistic interpretation, exact photographic replication cannot be guaranteed. The customer is therefore responsible for reviewing and selecting the preferred generated artwork before purchase.
7. Prices
All prices shown on the website are stated in US dollars (USD) unless otherwise indicated.
The price charged is the price displayed when the customer completes the order.
Any applicable shipping charges and taxes are displayed before final payment where required.
Palm Noir reserves the right to correct obvious pricing or technical errors. If such an error affects an order already placed, we will contact the customer before proceeding and, where appropriate, offer cancellation and a full refund.
8. Payment
Payment is due in full when the order is placed.
Available payment methods are displayed at checkout and may be processed by third-party payment providers.
The customer confirms that they are authorised to use the payment method provided.
An order is not considered confirmed until payment has been successfully authorised and an order confirmation has been issued.
Palm Noir may suspend or cancel an order in the event of failed payment, suspected fraud, unauthorised payment activity or an obvious technical error.
9. Order confirmation
After completing checkout, the customer receives an electronic order confirmation at the email address provided.
The customer is responsible for checking that the order details, selected artwork, product format, email address and shipping information are correct.
If an error is identified, the customer should contact contact@palmnoirstudio.com as soon as possible.
10. Production
Palm Noir products are personalized and produced on demand.
Once an order has been confirmed, the selected artwork is reviewed and prepared for production.
Production may begin shortly after the order is placed.
The physical product may be manufactured and shipped by third-party fulfilment and printing partners acting on behalf of Palm Noir.
11. Cancellations and changes
Cancellation or modification requests can only be considered before the order has entered production.
Because production may begin quickly, Palm Noir cannot guarantee that a cancellation or modification request can be accepted.
Once production has started, the personalized product cannot ordinarily be cancelled or changed.
To request a cancellation or change, contact:
and include your order number.
12. Personalized products and right of withdrawal
Palm Noir products are made according to the customer's individual specifications and are clearly personalized.
Accordingly, where French or European consumer law applies, the statutory right of withdrawal applicable to ordinary distance purchases does not apply to goods made to the consumer's specifications or clearly personalized, in accordance with Article L.221-28, 3° of the French Consumer Code.
This means that personalized Palm Noir products cannot be returned simply because the customer changes their mind, no longer wants the product, or dislikes artwork that they selected and approved before completing the purchase.
This does not affect rights relating to damaged, defective, incorrect or legally non-conforming goods.
13. Shipping
Palm Noir currently ships to addresses within the United States.
Most orders are expected to arrive within approximately 5–10 business days from the date of purchase, including production and transit.
Delivery estimates may vary because of production capacity, destination, carrier delays, peak periods, weather or other circumstances outside Palm Noir's reasonable control.
Once an order has shipped, tracking information is sent to the email address provided by the customer where tracking is available.
Further details are set out in our Shipping Policy.
14. Shipping address
Customers are responsible for providing a complete and accurate delivery address.
If you discover an error, contact Palm Noir immediately.
We will make reasonable efforts to amend the address before production or dispatch, but changes cannot be guaranteed once fulfilment has begun.
Nothing in this section limits rights that cannot legally be excluded.
15. Delivery problems
If an order is delayed, appears lost, is marked as delivered but cannot be located, or arrives damaged, contact:
Please include your order number and any relevant photographs or tracking information.
Palm Noir will investigate with the carrier or fulfilment partner where appropriate.
16. Damaged, defective, misprinted or incorrect products
Customers should inspect their order after delivery.
If an item arrives damaged, defective, misprinted or is not the product ordered, contact Palm Noir preferably within 30 days of delivery and provide the order number, a description of the issue and clear photographs where relevant.
Where the problem is confirmed, Palm Noir will provide an appropriate remedy, such as replacement or refund, at no additional cost to the customer.
The 30-day notification request does not limit any statutory guarantee or consumer right that provides a longer period.
17. Returns and refunds
Because Palm Noir products are personalized and made specifically for each customer, unsolicited returns are not accepted and Palm Noir does not operate a standard return address for change-of-mind returns.
Where a refund is approved, it will normally be issued to the original payment method.
The time required for the funds to appear may depend on the customer's bank or payment provider.
Full details are available in our Return & Refund Policy.
18. Legal guarantee of conformity
Where applicable under French consumer law, consumers benefit from the legal guarantee of conformity.
Palm Noir, as the professional seller, is responsible for defects of conformity covered by the applicable law.
For goods covered by French consumer law, a consumer may generally invoke the legal guarantee of conformity for two years from delivery.
The remedies available are those provided by applicable consumer law and may include repair, replacement, price reduction or termination of the contract where the relevant statutory conditions are satisfied.
To exercise these rights, contact:
OGENIUS SARL / Palm Noir
4 Rue Clovis
57000 Metz
France
Email: contact@palmnoirstudio.com
Phone: +33 6 31 00 94 33
These statutory guarantees apply independently of any commercial warranty.
19. Legal guarantee against hidden defects
Customers may also benefit, where applicable, from the legal guarantee against hidden defects under Articles 1641 and following of the French Civil Code.
A hidden defect is a defect that existed at the time of sale, was not apparent to the buyer, and makes the product unsuitable for its intended use or substantially reduces that use.
Under French law, an action based on a hidden defect must generally be brought within two years from discovery of the defect, subject to the applicable statutory limits.
Depending on the circumstances and applicable law, the buyer may be entitled to return the product for reimbursement or retain the product and obtain a reduction in price.
20. No additional commercial warranty
Unless expressly stated on the website for a particular product, Palm Noir does not provide a separate commercial warranty in addition to the statutory rights described above.
Nothing in these Terms excludes or restricts mandatory legal guarantees.
21. Intellectual property
The Palm Noir brand, website, visual identity, style concepts, layouts, graphics, copy, designs and other original content belong to Palm Noir or their respective rights holders and may not be reproduced or commercially exploited without permission.
The customer retains their rights in photographs they upload.
The customer grants Palm Noir and the service providers necessary to fulfil the order a limited licence to process the uploaded photographs and selected artwork solely as necessary to generate, review, produce, fulfil and support the order, subject to our Privacy Policy and Terms of Service.
Purchasing a Palm Noir product does not transfer intellectual property rights in the Palm Noir styles, prompts, systems, branding or underlying creative concepts.
22. Personal use
Palm Noir products are sold primarily for personal use.
Unless Palm Noir expressly agrees otherwise in writing, purchase of a product does not grant the customer the right to reproduce, resell, distribute or commercially exploit Palm Noir artwork or brand assets.
23. Liability
Palm Noir is responsible for performing its contractual and statutory obligations in accordance with applicable law.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be prohibited by law, including mandatory consumer rights.
Palm Noir is not responsible for losses caused solely by inaccurate information supplied by the customer, unlawful customer content or circumstances outside Palm Noir's reasonable control, except where applicable law provides otherwise.
24. Customer service and complaints
For any question, complaint or issue relating to an order, contact:
Please include your order number where applicable.
Palm Noir aims to respond within 1–2 business days, Monday through Friday.
Customers are encouraged to contact Palm Noir first so that any issue can be resolved directly.
25. Consumer mediation
Where French consumer mediation rules apply, a consumer who has first submitted a written complaint to Palm Noir and has been unable to resolve the dispute may have the right to use an independent consumer mediation service free of charge.
Consumer mediator designated by OGENIUS SARL:
The consumer remains free to accept or reject any proposed mediation solution and retains the right to pursue other remedies available under applicable law.
26. Applicable law and jurisdiction
These Terms of Sale are governed by French law.
Where the customer is a consumer, this choice of law does not deprive the customer of any mandatory consumer protection afforded by the law that would otherwise apply to them.
Any dispute that cannot be resolved amicably may be submitted to the courts having jurisdiction under the applicable rules of consumer and private international law.
Nothing in these Terms requires a consumer to bring proceedings exclusively before a court in Metz where mandatory law provides otherwise.
27. Force majeure and events outside our control
Palm Noir will not be responsible for a delay or failure caused by an event outside its reasonable control to the extent permitted by applicable law.
Where such an event materially affects an order, Palm Noir will take reasonable steps to inform the customer and provide an appropriate solution where required.
28. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
29. Changes to these Terms
Palm Noir may update these Terms from time to time.
The Terms applicable to an order are those made available to the customer when the order is placed.
Changes made after an order has been confirmed do not retrospectively alter that order.
30. Contact
For questions about these Terms of Sale or an order:
Palm Noir / OGENIUS SARL
4 Rue Clovis
57000 Metz
France
Email: contact@palmnoirstudio.com
Phone: +33 6 31 00 94 33
Website: https://palmnoirstudio.com