Terms of sales

Terms of sales

Preamble

The activity is carried out through my sole proprietorship, which will be named “MD company”, in the name of Mara DOMINIONI. This activity is identified under the Siren number: 538367236 00022 RCS. It is based at 8 ruelle Saint Nicolas – 35410 Chateaugiron, telephone number: 07 50 20 51 82.

It allows the marketing of sculptures, drawings and paintings as well as workshops and training courses created by the artist Mara Dominioni, via the website:  www.maradominioni.com , which are named “Products”

 

Article 1 Object :

These general conditions of sale define the terms and conditions under which any natural or legal person of French or foreign nationality orders and buys the products.

Article 2 Acceptance of the general conditions of sale:

The Customer must, prior to the validation of his order of the Products, demonstrate his knowledge and acceptance of the General Conditions of Sale by ticking the icon "I approve and have read the General Conditions of Sale".

Any order of the Products by the Customer implies the Customer's full and unreserved acceptance of the General Terms and Conditions of Sale.

The General Conditions of Sale come into force at the time of the validation of the order by the Customer and are concluded for the duration necessary for the supply of the Products ordered by the Customer.

These General Conditions of Sale prevail over all general or specific conditions of purchase, unless expressly and formally waived by the company MD.

The MD company reserves the right to modify the General Conditions of Sale at any time. In this case, the applicable General Conditions of Sale will be those in force on the date of the Customer's order.

 

Article 3 Orders:

3.1. Identification

The Customer undertakes to complete the order form accurately and to fill in the various existing sections (address, delivery address, method of payment, etc.). In the event of an error in the wording of the recipient's contact details, the MD company cannot be held responsible for the impossibility of delivery to the Customer. The costs related to the re-routing of the package to another recipient or to a new delivery address will be borne by the Customer.

In the event that the MD company offers the Customer to open a personal account, the Customer must choose a password which will be strictly personal and confidential. In the event of loss or forgetting of his password, the Customer must notify the company which will provide him with a new one.

The MD company reserves the right to verify the accuracy of any information entered by the Customer and in particular his identity and address.

The Customer, in particular when it is a legal entity, is solely responsible for the persons to whom it communicates its confidential codes and for the use made of them by these persons. Consequently, the Customer undertakes not to dispute any purchase of Products made on the Website with his confidential codes.

As soon as the Customer becomes aware that a third party has his e-mail address and password without his knowledge, he undertakes to inform the company MD without delay.

The Customer is informed and accepts that the entry of these identification codes is worth proof of his identity and his commitment.

 

3.2. Acceptance of these General Conditions of Sale

Once the Customer has made his identification in accordance with article 3.1. above, he demonstrates his knowledge and acceptance of the General Conditions of Sale by checking the icon "I approve and have read the General Conditions of Sale" displayed on the screen.

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3.3 Validation of the order

The Customer having chosen the Products he wishes to purchase, definitively validates his order in view of the summary displayed on the previous screen, by entering his credit card number and the expiry date of the latter under the conditions provided for below after in article 4 and by clicking on the "validate the order" icon displayed on the screen.

From this moment, the order is recorded. An order number is then communicated on the screen as well as by e-mail to the Customer.

 

3.4 Product availability

The availability of the Products is given on the Website as an indication. It only becomes final upon confirmation of the order.

The MD company cannot be blamed for the unavailability of a Product in the delivery, insofar as the Customer will have had the information prior to the delivery of his order.

Similarly for Workshops and Training, the MD company reserves the right to cancel or modify them. In the event of a modification in its form, in the place or in the dates, the MD company will inform the customer, who may choose to maintain the new choice offered or request a refund of the price of the order placed, without however claiming any compensation whatsoever from the company MD.

For a cancellation of a Workshop or Training, the MD company will inform the customer who will be reimbursed the price of the order committed, without the customer being able to claim any compensation whatsoever.

Articles 4 Conclusion of the sales contract

All of the commercial information appearing on the Website does not legally constitute an offer to contract. Thus, the sales contract between the Customer and the MD company will be concluded only when the Customer has placed his order in accordance with article 3 above and when the MD company has confirmed to the Customer its acceptance of the order.

The Acceptance of the Order sent by e-mail will indicate the total price of the order in Euros, the order number as well as the list of Products. For countries other than France, the price of transport and packaging will be added depending on the country.

Acceptance or refusal of the Order by the MD company is indicated to the Customer within a maximum period of seventy-two hours (72 hours) following receipt of his order, by e-mail, depending on the validation by the MD company of the means of payment communicated by the Customer. Indeed, the MD company reserves the right to reject any order due to insufficient stock, incomplete customer information or for any other legal reason.

 

Article 5 Price and terms of payment

5.1 Price

The prices of the Products appearing in the list of Products accessible on the Website are inclusive of VAT for France. For all other countries, the prices (whose reference is always the Euro) are exclusive of tax and exclusive of costs (transport costs, insurance, etc.).

For any special order, the Customer may ask the MD company for a personalized quote.

The overall price of the Products that the Customer intends to order is indicated on the summary screen of his order confirmation and includes the following informations:

1. For France the price includes VAT including transport and packaging costs.

2. For other countries, the price excluding taxes, transport costs (including insurance) and     packaging costs.

3. For other countries, any customs fees are not the responsibility of the MD company. It will be up to the customer to pay them on arrival according to the conditions of the country of destination.

The Prices are denominated and payable in Euros. Any mention of prices in currencies other than the Euro is given for information only.

The amount, debited from the account of the bank card used, will depend on the rate of the Euro on the day of the debit and any exchange costs levied by the bank issuing the card.

This Price is likely to change, in which case the MD company undertakes to inform the Customer thereof prior to any new order.

 

5 .2 Methods of payment

The Acceptance of the Order by the company MD and the subsequent shipment of the Products to the Customer can only take place after the validation of the Customer's means of payment and the subsequent debit of the Price from the Customer's bank account. Thus, the Products are always prepaid by the Customer.

Payment of the Product Price by the Customer is made in cash online when validating the order by credit card. The bank cards accepted by the company are bank cards bearing the Carte Bleue, Mastercard, Visa, JCB and Discover brand.

No discount will therefore be granted to the Customer and no late payment penalty will therefore be applicable to him.

To be registered, the order must be paid in full. Orders not paid in full cannot be delivered. The Customer may at any time view on screen on the Website the invoice for any order already dispatched.

MD company uses a completely secure mode of transaction provided by a leading bank.

 

Article 6 Transport and delivery

The packages are prepared and packaged by the MD company in closed, resistant packaging, appropriate to the content and the transport requirements.

 

6.1. Delivery terms

Delivery is made by the postal services (Colissimo Suivi) or through Wes Transport referenced on the Website to the delivery address indicated by the Customer when ordering.

In case of absence :

For “Colissimo Suivi” a notice of passage will be left with the Customer indicating the place of collection of his parcel. In this case, the withdrawal of the goods is the responsibility of the Customer and the company  will not be responsible for the deterioration of the Products resulting from a late withdrawal.

For Wes Transport, the carrier calls the customer to confirm the day and time of delivery. In this case, if the delivery of the goods could not be made, it is up to the customer to contact the carrier again and the MD company will not be responsible for late delivery.

The delivery area for orders placed with the MD company concerns Metropolitan France, and all countries authorizing trade with France.

6.2. Delivery time

The delivery time strives to be as short as possible from the moment the product is available and respecting the rules for protecting the product (packaging, transport in good conditions, etc.), i.e. 30 days maximum. However, it may exceed 30 days if the nature of the product requires it, in this case this period will be notified to the customer by the MD company.

The delivery time will take into account:

• cases of force majeure,

• carrier strike cases,

• provided that the delivery address is precise, exact and complete,

• provided that the recipient of the order is present at the time of delivery.

No delivery can be made on Saturday and Sunday.

 

6.3. Transportation costs

For mainland France, transport costs are included in the price of the Products.

For metropolitain France and other countries, the precise amount of the delivery costs is indicated on the summary screen of the Customer's order, accessible on the Website.

6.4. Customs duties and other local taxes

There is no import tax in European Union countries. For other countries, any taxes and customs duties to be paid are the responsibility of the Customer and are payable upon delivery of the Products.

6.5. Risk load

The transfer of ownership of the Products to the Customer only takes effect after full payment of the price by the latter.

The burden of risks related to damage to the Products is assumed by the insurance taken out by the MD company throughout the duration of the transport of the Products and until the delivery of the Products to the Customer, on the sole condition that the latter opens the package IN FRONT of the carrier in order to check its condition and to establish a report on the delivery slip and to take photos for the insurance in the event of deterioration. The MD company cannot be held responsible for damage to the Products during transport.

In the event of loss and after the company MD has complained to the carrier, the insurance taken out for the transport will take over. A complaint must be made by the customer by registered mail or by email in the contact area of ​​the site.

 

Article 7 Complaints and disputes

Upon receipt of the Products, the Customer must ensure that the delivery complies with his order. Any damage must be the subject of specific indications, dated and signed, on the delivery slip.

Any complaint must be made within a maximum period of seventy-two (72) hours after receipt by registered letter with acknowledgment of receipt to the following address: Entreprise Mara Dominioni, 7 ruelle Saint Nicolas 35410 Chateaugiron - France. You can also contact us by email using the form located in the "Contact" section. After this period, no complaint will be taken into account.

This complaint must be substantiated and accompanied by proof of the damage suffered (transport note, photo of the package received, etc.). After the analysis and acceptance of the complaint by the MD company and its insurance, the Customer may choose between the reimbursement of his order or a re-delivery when the product allows it.

The MD company cannot be held responsible, in the event of the absence of the recipient upon delivery of the Products and/or in the event that the Customer (or the person designated by the latter) withdraws the Products late or does not withdraw the Products from of the carrier after the latter has issued a transit advice note to the recipient. Under these conditions, no complaint will be accepted.

 

In the event of loss of the product during transport and after a complaint by the MD company to the carrier and insurance. The MD company will proceed to the full refund of the amount paid by the customer once it has been reimbursed by the insurer, it may also offer the customer the sending of a new product when possible.

 

Article 8 right of withdrawal and returns

A right of withdrawal of 14 days applies according to French law from the receipt of his purchase to the customer.

The customer must notify the MD company by email on the website and must also scrupulously respect the 14-day deadline for the return of the product of his order to the MD company. After this 14-day period, no withdrawal will be accepted.

Return costs will be fully on charge of the customer.

A meticulous expertise of the product will be made by the MD company. A work of art being particular and fragile, it must be returned in an impeccable state and protected as it should be for the return in its original packaging.

Insofar as the MD company has incurred costs for the marketing of its product, a penalty, administrative costs and the deduction of transport and insurance costs will be made on the reimbursement of the price of the order to the customer in France as in any other country.

This restitution may not be the subject of any other compensation of any kind whatsoever.

 

Article 9 Organization of internships and training

Each Workshop and Training is the subject of a precise description of the purpose of the Workshop or Training, the place and the methods (meals, etc.) as well as the dates and times. For certain Courses and Training, prerequisites may be asked for: level required, proof of documents, equipment to bring with. Meals, if any, will be clearly specified in the description of the course or training.

In all cases, Workshop and Training do not include transport from the client's home to the place of the Workshop and does not include accommodation either. Any late arrival or departure before the end of the course or training cannot be reimbursed by the MD company.

Article 10 Responsibilities

The MD Company assures the customer that the artist Mara Dominioni brings particular care and his experience of more than 30 years in the realization of each of his products.

The MD company cannot be held responsible for non-compliance with the legislative or regulatory provisions in force in the country of delivery, the MD company being solely responsible for compliance with French regulations relating to the Products.

The Customer is solely responsible for the payment of customs duties or other local taxes, if applicable, in the recipient's country.

For Workshops and Training, the MD company will be covered by insurance for any accident for which the artist Mara Dominioni could be directly responsible. It will also sign a contract if necessary with the places where the courses and training will take place.

It is up to the customer to provide the insurance he may need. The MD company cannot be held responsible for a transport accident, or an accident occurring outside the hours of the Workshop or Training. Similarly, the MD company cannot be held responsible for an accident occurring to a single customer, or between two or more participating customers.

 

The photos on the Website are in no way contractual even if they endeavor to present the product as faithfully as possible. The responsibility of the company MD can in no way be engaged in respect of said photos.

The Customer's navigation on the Website, in particular the hypertext links, does not engage the responsibility of the MD company.

The responsibility of the MD company cannot be engaged in the event of force majeure as defined and recognized by French case law.

In any case, whatever the possible reason for the questioning of the responsibility of the company MD, its responsibility is limited to the amount of the price of the order.

 

Section 11 Prohibitions

The customer is prohibited from reproducing the product or using the image of the product he receives. All the works of the MD company are protected by ADAGP, 11 rue Duguay Trouin, 75006 Paris, which collects and distributes the remuneration of the rights of artists in France and abroad. It protects reproduction, representation and resale rights. The MD company is protected for all these copyrights.

 

Article 12 Right of access and rectification

In the event that the MD company collects personal information, this said personal information collected on the Website will be treated with the strictest confidentiality, will never be communicated to third parties and is reserved exclusively for the internal use of the company MD for quality processing and attentive follow-up of your order.

The recipients of this data will be exclusively: the service of the company MD.

In accordance with the law "Informatique et Libertés" of January 6, 1978, you will have the right to access and rectify information concerning you. This data can be modified in your Account. If you wish to exercise this right and obtain information about you, please send us a letter or email.

The MD company will declare to the National Commission for Computing and Freedoms (CNIL) an automated processing of personal information.

 

 

Article 13 Intellectual property rights

13.1

The MD company has all the rights to the elements making up its Website and to the packaging of its Products.

The images, texts, names and logos appearing on the Website and on the Products (hereinafter the "Protected Elements") are protected by intellectual property rights for which the company MD holds the exploitation rights.

The consultation of the Website or the order of Products does not entail the transfer of the exploitation rights (right of reproduction, right of representation) of the protected elements.

The Customer is prohibited from reproducing, adapting, transmitting to third parties, marketing, representing, translating or modifying the protected elements.

Any use contrary to the provisions of the General Conditions of Sale constitutes an act of counterfeiting.

13.2.

The fact that a Client sends the MD company its logo or any other distinctive sign under the conditions and for the purposes provided for on the site validly authorizes the MD company to use this logo in accordance with the Client's instructions.

The MD company undertakes to use any acronym, logo or other distinctive sign of Customers for the sole purposes and under the conditions prescribed by the Customer. Consequently, the MD company is prohibited from reproducing, adapting, transmitting to third parties, representing, translating or modifying the acronyms, logos or other distinctive signs of the Customers without this having been expressly authorized by the latter.

The responsibility of the MD company with respect to the use of any distinctive sign of the Client cannot be engaged on the basis of a violation of the intellectual property rights of the Client, or on any other basis, since the company MD will have made use of the distinctive sign in accordance with the provisions of this article.

 

Article 14 general provisions

  

14.1.

The Customer is domiciled at the address he indicated when registering on the Website.

14.2.

If any of the stipulations of these General Terms and Conditions of Sale is held to be null or void, it will be deemed unwritten and will not result in the nullity of the other stipulations.

 

 

Article 15 applicable law and competent jurisdiction

15.1.

The law applicable to these General Conditions of Sale is French law.

15.2 If the Customer is a legal person, any disagreement or litigation concerning these General Conditions of Sale will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris.