GENERAL CONDITIONS OF SALE AND OF UTILIZATION
Article 1. SCOPE
The general conditions of sale detailed below govern the contractual relations between each user of the site Galerie.marie.cassanelli.com and the commercial brand marie.cassanelli belong to marie cassanelli SARL au capital de 30 000 EUROS, whose siege is located at 84, rue de l’assomption 75016 Paris and registered at the register of commerce and corporations of Paris under the number 750 095 952 . These general conditions of sale are the only ones. Marie.Cassanelli can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site mariecassanelli.fr. These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions). Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions.
Article 2. UTILIZATION OF SITE
To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. mariecassanelli.fr reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order. The Site is available in the French and English languages. You can modify the choice of the language on the homepage of the Site.
1) Essential characteristics of the products
The products sold on the Site are art photographs numbered , in limited edition or open editions, and frames .The photographs are offered in one or several formats and mountings. The art photographs un limited or numerotes series are accompanied by a certificate of authenticity .
The prices are indicated with all taxes included, excluding the shipping fees.
The currency in which the prices are indicated in Euros.
In the case of a delivery to a country other than continental France, you are the importer of the work or works concerned. For all the works expedited to destinations outside of the European Union and DOM-TOM, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and sums do not result from the jurisdiction of mariecassanelli.fr They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country.
Galerie-marie.cassanelli.com reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability.
The works rest the property of mariecassanelli.fr until the complete payment of the indicated prices
2) To effect an order
To effect an order, You should at the minimum pass through the following steps:
• Consultation of the information page presenting the photograph. On this screen You can choose the format and the support among those offer for this photograph. The state of stock is indicated (in stock / available in order for one month / out of stock). You must click on « Add to shopping cart» in order to add this article to your shopping cart.
• Screen « Shopping cart» you have the possibility to delete an article or to modify the quantities ordered.
• Screens of identification or of the creation of a client account
• Screen of the choice of the mode of delivery. On this screen a link is offered to you to modify the articles of your order.
• Screen of summary and choice of payment. This screen allows you to choose your mode of payment and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order.
• You must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « general conditions of sale ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order.
• You pay for your order by the method of payment chosen
• The contract is concluded upon the confirmation of the payment by the bank.
• The Site sends you a confirmation of your order by email in the minutes that follow.
3) Methods of payment
Several modes of payment are offered to you to pay for your order on the Site :
• Credit Card, Visa and Mastercard.
• Bank account transfer (orders from UE)
4) Security of payments
For the payments by credit card, the transaction is effected by ……. the system of payment of ……, on the site of……..
The bank information of the User is encrypted (SSL technology, ……..). It does not circulate freely on the Internet and cannot be intercepted.
Your bank information (number of card, expiration date….) is not communicated to mariecassanelli.fr
The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients. The information registered by the system of payment ……………… constitutes the proof of financial transactions.
Processing of orders
Orders effected from Monday to Friday, outside of holidays, are expedited between tree days and one month, according the order. The entirety of the works ordered is sent in one single order.
The works noted « available under X days» will be expedited in an average of X days.
The works noted « out of print» can no longer be ordered.
mariecassanelli.fr delivers in continental France and in 14 countries (Germany, Belgium, Cyprus, Denmark, Spain, Ireland, Italy, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Sweden, Switzerland).
Delivery to another country : on request
The delivery will be effected to the shipping address that you will validate at the moment of the order as being the « shipping address», this address being able to be different from the « billing address».
Change of shipping address after the effectuation of the order is not possible for logical reasons.
Modes of deliver and transit times
The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. mariecassanelli.fr reserves for itself the right of the choice of the transporter.
The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery. The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.
The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered. They include protecting and packaging services .
Reception of the delivery
Upon the reception of your order, it is your responsability to open the package to verify the state of the delivery.
In the case of a problem, please give your package back to the deliverer stipulating the problem encountered and contact our customer service on the same day.
The reception of the objects transported extinguishes all action against the transporter for damage or partial loss if within the three days, holidays not included, which follow that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the code of the Commerce).
7) Right of revocation
In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you.
This right is not applied on orders made by companies.
For all orders on the Site, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact our customer service that will indicate to you the return address and then you will dispose of a period of 10 days to return to us your order.
If your order was delivered by la Poste (Colieco, Colissimo, Chronopost), you will be able to return your order by la Poste (the shipping fees for the return being your responsibility ).
If your order was delivered by a transporter, it will come to pick up your order. This service will be billed to you at the same price as the original shipment.
No “shipment for reimbursement” will be accepted, for any reason.
Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted.
mariecassanelli.fr will reimburse You the price of the photographs as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 15 days following the reception of the ordermarie.cassanelli.com, by creditcard in the bank account having served for payment, according to the mode of payment used at the time of the order.
8) Right to return
In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact our customer service which will indicate to you the return address and the procedures of return.
mariecassanelli.fr will effect the exchange of the damaged article, within the limitation that the stock is available. In the case that an article is no longer available, marie.cassanelli.com will offer you another article of an equivalent sum.
In the case of the exercise of the right to return, and only in this case, the shipping fees of the return and of the new shipment will be assumed by mariecassanelli.fr.
9) Customer service and claims
For any information or question, you can contact our customer service by email. We will be very happy to give all the information that you wish about our works and your order.
Article 3. FORCE MAJEURE
In application with the article 1148 of the Code Civil, mariecassanelli.fr will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.
Article 4. PROTECTION OF PERSONNAL INFORMATION
In function of your choices at the time of the creation or of the modification of your account, you will be susceptible to receive the offers of our company and those of our partners. If you no longer wish it, you can modify these choices in your Client account on the Site or in writing us at the address here below.
In application of the law Informatique et Libertés of January 6 1978, You dispose of a right of access, of modification, of rectification, and of suppression of the information that concerns you. You can exercise this right in sending a letter to the following address :
84, rue de l’Assomption
75 016 Paris
You can equally consult or modify your personal information in your client account
Article 5. RESPONSIBILITIES AND GUARANTEES
The company marie cassanelli makes great efforts to assure to the best of its abilities, the exactitude and the updating of the information diffused on this site, of which it reserves the right to correct, at all moment and without advanced notice, the content.
At all times, the company Marie Cassanelli can not guarantee the exactitude, the precision, and the exhaustively of the information put at disposition on this site.
In consequence, the company Marie Cassanelli declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site.
Marie Cassanelli commits itself to respect all the legal guarantees. The works presented on our site being in conformity with the prescriptions of French law, we will not be held responsible for the violation of legislation proper to the country of delivery.
Article 6. INTELLECTUAL PROPERTY
1) Rights concerning the work
The artist- photographer Marie Péjouan,alias mariecassanelli remains the bearer of the rights of her work, as defined by French law. The rights of representation and of reproduction of her works or works of any other artist presented on the site mariecassanelli.fr belong to their authors and mariecassanelli.fr. Their conjoint authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.
2) Intellectual property right
All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos ….…These articles belong to the company mariecassanelli.fr or are utilized with the permission of their owners.Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of mariecassanelli.fr, besides the exceptions endorsed in the article L 122.5 of the Code de Propriété Intellectuelle, under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark.
Article 7. JURISDICTION
The present conditions are governed by French law. They are available in the language of the consultation of the Site. In the hypothesis of litigation , only French tribunals will be competent.
mariecassanelli.fr is a french company created in April 2012 by by Marie Péjouan
– The website is hosted on OVH.COM
– Company name : marie cassanelli
– Legal status and authorized capital : SARL au capital de 30 000 €
– Adress : 84, rue de l’Assomption -75016 Paris – France
– E-mail : contact [ata] mariecassanelli.fr – Website : http://www.mariecassanelli.fr