TERMS OF USE
ARTICLE 1 - GENERAL SALES CONDITIONS
The website www.murielvega.com markets art photographs in strictest compliance with French law which considers an Artwork to be : « photographs taken by the artist, printed by himself or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included » (article 98A of Annex III of the CGI, decreed 23.12.1991). The photographs are delivered framed. The author’s signature and details of the edition will be printed on a separate art certificate of authenticity. If the artwork is sent by any means, the author reserves the right to send the certificate separately.
ARTICLE 2 - SCOPE
These general terms and conditions of sale (hereinafter referred to as "general terms and conditions of sale" are concluded between:
- on the one hand the natural or legal persons wishing to make a purchase on the Site www.murielvega.com hereinafter referred to as «the Buyer».
- And, on the other hand, Muriel Vega, author artist whose registered office is 49 rue Saint-Antoine - 75004 Paris, France, registered at the Maison des artistes under the number SIRET 433 622 362 00047 APE code: 9003A/ Artistic creation in the visual arts, hereinafter referred to as "the Seller".
The Buyer confirms that he/she is of legal age, and that he/she has the legal capacity or has parental consent enabling them to place an order on the website. Placing an order implies unconditional acceptance of the prices and items offered for sale. Upon the placing of an order, the Buyer acknowledges that he/she has read, understood, and accepted in full all of the present Terms and Conditions of Sale. The validation of an online order implies acceptance of all conditions set forth herein and recognition of full knowledge thereof. These general conditions of sale are accessible at any time on the website www.murielvega.com and will prevail, if necessary on any other version or any other contradictory document. The conditions of sale applicable are those online on the site at the date of placing the order.
The present Terms and Conditions of Sale are intended to define the legal obligations binding the Vendor and the User, and governing the order procedure, payment, and product delivery. They define all the stages necessary for placement of orders and tracking of said orders between the contracting parties.
ARTICLE 3 - GEOGRAPHICAL COVERAGE OF SUPPLY
The art prints sold online presented on the Site www.murielvega.com are delivered in metropolitan France.
ARTICLE 4 - ORDER
The Buyer undertakes to ensure that all information communicated to the Seller in connection with the order complies with these general terms of sale, complete, accurate and up to date. Otherwise, the Seller reserves the right to cancel the order and payment.
The Seller reserves the right to refuse any order from a Buyer with whom there is a dispute or any order of abnormal level.
If the Seller finds that the order does not meet these general conditions of sale (for example: wrong delivery address, exceeding the order thresholds), it will inform the Buyer of this within a maximum period of 3 days by telephone or email.
In accordance with the provisions of article 1369-2 of the Civil Code, the Buyer formally accepts the use of email for the confirmation by the Seller of the content of his order. Within a maximum of 3 days, the Buyer receives an acknowledgement of receipt, in the form of an email, of the order by the mail adress muriel.vega[at] protonmail.com mentioning the order number, the items, their quantity, the unit price and total, the method of payment and the address indicated by the Buyer.
ARTICLE 4 - PRICE
The prices of the photographs are in euros and net (VAT not applicable, in accordance with Article 293 B-III of the CGI) the artist receiving artistic income from the Non-Commercial Profits that have opted for the VAT exemption) and excluding delivery costs. The works of art described may be subject to changes in availability and prices without prior notice. Photographs are charged on the basis of the prices in force at the time of the registration of orders. Shipping costs are calculated automatically and appear when the Buyer selects the delivery area. Shipping costs are offered for any purchase over 300 euros. All orders, are charged and payable in Euros.
ARTICLE 6 - DELIVERY
The Seller undertakes to make every effort to deliver the ordered works as soon as possible (between 5 and 10 days). Each order is subject to special processing, the Seller launches the draw as soon as he is notified, so delivery times are given only as an indication. Any delays cannot justify the cancellation of the order, or the claim for damages. The Seller cannot be held responsible for the consequences of a delay in delivery.
All deliveries are handled by the Post Office via the service «Colissimo against signature». A tracking number is sent to the Buyer. The delivery time in metropolitan France is usually 3 to 4 days. The order is delivered to the delivery address indicated by the Buyer during the purchase process on the Site.
The Buyer undertakes to check the package at the time of delivery and to call into question the carrier, if applicable, for any damage related to the delivery of the goods. In case of damage or missing packages, the Buyer undertakes to issue handwritten reservations in the presence of the deliveryman on the transport slip dated and signed. Article L.133-3 of the Commercial Code provides that any protest for damage or partial loss must be notified by the recipient to the carrier within three days, not including holidays, that follow the receipt of the package and that this protest must be made by extrajudicial act or by registered letter. It is up to the Buyer to confirm his reservations by email addressed to the Seller within five days of receipt of the order.
ARTICLE 7 - RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of articles L.221-18 and following of the Consumer Code, the Buyer has a right of withdrawal that he can exercise, without having to justify reasons, within fourteen 14 clear days from the receipt of the articles.
Prints must be returned at the expense of the Buyer to the address indicated by the Seller in the condition in which they were received, in their original packaging, with all protective elements. Items returned incomplete, damaged, or damaged by the Buyer (fingerprints, stains, creases) are not taken back.
It will be up to the Buyer to retain any proof of this return, which assumes that the items are returned by registered mail, or by any other means giving certain date, the return costs remaining in any case at the expense of the Buyer . In case of withdrawal, the refund will be made by Paypal transfer in the name of the Buyer who placed the order and at the billing address, at the latest within 3 days of receipt by the Seller, of the returned items.
ARTICLE 8 - WARRANTY
The Buyer benefits, for all items purchased on the site, from a guarantee allowing him to return those delivered defective or damaged in accordance with articles L 211-4 and following of the Consumer Code. It also benefits from the legal guarantee provided by articles 1641 and following of the Civil Code. Excluded from the warranty are products that have suffered deterioration from external events, accidents and products that have been modified or repaired. Before returning an item, the Buyer is required to inform the seller by email. Seller’s liability is limited to the refund or replacement of items found to be defective or damaged before shipment. For items damaged during their delivery, the Seller could only be held liable in the case of a proven packaging defect.
ARTICLE 9 - LIABILITY
The Seller agrees to describe the products sold on the website www.murielvega.com with the greatest accuracy. Photography prints on paper have the most accurate colors and shades possible but may differ slightly from the colors displayed on the buyer’s screen when browsing the Site www.murielvega.com. These variations can come from the calibration of the buyer’s screen but also from slight variations related to the structure of the paper itself.
The Seller also undertakes to use all means necessary for the protection and preservation of the items it ships. The Seller cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, including a break in service, external intrusion or the presence of computer viruses.
ARTICLE 10 - FORCE MAJEURE
The Vendor cannot be held liable in the case of a breach of contract due to the unpredictable or insurmountable acts of a third party, or in the case of a force majeure, as defined by French jurisprudence.
ARTICLE 11 - VALIDITY OF THE TERMS AND CONDITIONS OF SALE
Should any provision of the present Terms and Conditions of Sale become null and void as a result of a change in legislation, regulations, or by virtue of a court decision, the other provisions of the present Terms and Conditions shall remain in full force and effect.
ARTICLE 12 - SEVERABILITY OF CLAUSES
All photographs for sale by the Vendor are protected by copyright. Buying an original print does not confer on the User the right to produce any image or reproduction, to publish or submit for publication, or exhibit the Artwork to any third party for any purpose without written consent from the author. All rights for explanatory texts, illustrations and photographs on www.reflexionforet.com website are reserved world wide under copyright and intellectual property. Any full or partial reproduction of www.murielvega.com website is strictly prohibited.
ARTICLE 13 – PRIVATE INFORMATION LAW
The personal information transmitted to the Vendor during the order are only intended for the processing of the order and are not used for another purpose. In accordance with the French Law relating to computer data, files and liberty, of 6 January 1978 & modified buy the law of 6 August 2004, the Buyer has rights to access of his/her data retained and may change any data by writing to the customer service of www.murielvega.com.
ARTICLE 14 – CONFORMITY TO « RGPD »
For any processing of personal data carried out in connection with this contract, the Seller shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – “GDPR”.
The personal data that may be collected on the Seller’s Site are as follows:
Cookies: Cookies are used, as part of the use of the Site, to collect certain information (in particular, the IP address of the Buyer, information relating to the computer used for navigation, the mode of connection, the type and version of the internet browser, the operating system and other technical identifiers or the URL address of the connections, including date and time, as well as accessed content). The Buyer has the option to disable Cookies from his browser settings.
Contact: when filling in the contact form, the Buyer’s name, surname, email address and message are collected
Subscription to the Newsletter: are registered, when registering by the Buyer, his name, first name, email address, as well as his login data.
Purchase on the website: are recorded, during an order placed on the Site by the Buyer, his name, first name, postal address, email address, telephone number and login data.
Payments on the website: in case of financial transaction on the Site, are recorded Paypal informations
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The main uses of the Buyer’s personal data are:
- access and use of the site;
- verification and authentication of the Buyer’s data;
- optimisation of the layout and operation of the Site;
- combating fraud, misuse, viruses and other malware;
- management of payment services;
When certain information is required to access specific features of the Site, this mandatory character is indicated at the time of data entry.
If the Buyer refuses to provide mandatory information, the latter may not have access to certain services, features or sections of the Seller’s website.
Buyer’s personal information will be retained for as long as necessary for a period of two years unless:
The Buyer exercises his right to delete the data concerning him, under the conditions described below;
- A longer shelf life is permitted or imposed under a legal or regulatory provision.
- During this period, the Site puts in place the organizational, software, legal, technical and physical means to ensure the confidentiality and security of the buyer’s personal data, so as to prevent their damage, erasure or access by unauthorized third parties.
Access to the Buyer’s personal data is strictly limited. However, the data collected may possibly be communicated to subcontractors contractually responsible for the performance of the tasks necessary for the proper functioning of the Site and its services and for the proper management of the relationship with the Buyer, without the buyer’s permission.
Apart from the cases stated above, the Seller undertakes not to sell, rent, assign or give access to third parties to the Buyer’s data without his prior consent, unless forced to do so due to a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), The Buyer has the following rights:
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- Exercise your right of access to know your personal data;
- Request the updating of its data, if it is inaccurate;
- Request the portability or deletion of their data;
- Request the limitation of the processing of its data;
- Object, for legitimate reasons, to the processing of their data.
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These various rights are to be exercised by the Buyer either by ask to the Vendor through the "Contact" form on the Site, or by mail to the following address: Muriel Vega - 49 rue Saint-Antoine - 75004 Paris
For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. The voucher will be destroyed once the request is processed.
ARTICLE 15 - PRESERVATION AND ARCHIVING OF TRANSACTION
The computerised records of the www.murielvega.com site, stored in reasonably secure conditions, shall be considered by the parties as proof of the communications, orders and payments to have taken place between the parties. Purchase orders and invoices are filed on a reliable and durable support constituting a true copy in accordance with the dispositions of Article 1348 of French Civil Code. The present Terms and Conditions shall apply throughout the duration of the existence online of the services offered by the Vendor.
ARTICLE 16 - LAW AND JURISDICTION
These terms and conditions of sale are subject to French law. In case of problems encountered during the ordering or delivery of the items of the Company, the User will have the option, before approaching a court, to seek an amicable solution, in particular with the help of a consumer organisation or any other advisory service of his choice.
If no amicable solution is found, the French courts will be the only competent. Any dispute relating to the interpretation or execution of these presents will be the exclusive jurisdiction of the Courts of Paris.