| n. W661005899 ( Loi 1er juillet 1901 ) |
General terms conditions
The Terms apply to all sales of Products made through the Service between the Vendor and the Buyer. They are intended to govern the relation ship between the Vendors and the Buyers of Products, excluding those established between the Buyers and MAG Arts or between the Vendors and MAG Arts. The relation ships between the Buyers and MAG Arts are governed by the Buyer Terms. The relation ships between the Vendors and MAG Arts are governed by the Vendor Terms.
MAG Arts is not the vendor of the Artworks purchased through the Store; only the Vendor ( the artist ) , whose name is indicated on the description of each Artwork, is the contractual party to the Buyer for the purchase of those Products. Products may not be returned to or exchanged by MAG Arts .
Your invoice will be sent by email.
Delivery will take up to ten business days from the time of your order, longer for countries outside of Europe.
Each Artwork is packaged securely to prevent possible damage during transit.
Shipping cost is free in France metropolitan. Specific fees will be applied for other countries.
- 1) The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
- 2) The Buyer selects the Artwork(s) he wishes to purchase.
- 3) He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card or bank transfer to MAG Arts’s account. If he chooses to pay by bank transfer, he processes the transaction as soon as possible so that payment is actually received in the givin bank account within 5 business days.
- 4) The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available and the transfer has been received if the Buyer has chosen this method of payment.
- 5) The Vendor is informed by MAG Arts each time an Artwork he posted was subject of an order.
- 6) The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information referred to in paragraph 5).In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
- 7) Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by MAG Arts to the Buyer to inform him.
- 8) In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; the Vendor agrees to deliver the Products or make them available at the point of sale within the period specified once MAG Arts confirms receipt of payment.In the absence of confirmation of availability of the Product(s) within the period referred to in point 6), or non-receipt of payment by MAG Arts within 5 business days from the date of order, the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.However, only the contract for the sale of unavailable Products falls within this resolution.
- 9) In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by MAG Arts if the Buyer chose this method of payment, the Products are shipped by the Vendor or picked up by the Buyer in the manner laid down in Article 4.
2- Price and payment The purchase price of the Product is determined by the Vendor. It is stated in Euros on the description, incl. tax, but excluding shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities.Payment of purchases made through the Service may be made by credit card to MAG Arts who collects the corresponding amount on behalf of the Vendor and for his account.The Buyer will be charged the price for the Product purchased plus delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by the Vendor, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.Payment for purchases made through the Service may also be made by bank transfer into MAG Arts ‘s account. The transfer must be made within 5 business days from the date of order.
4.1 Shipping from the Vendor to the Buyer’s home
The Buyer has the option to have the Artwork delivered to his home by indicating so when placing his order. The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, the Vendor, provided that he has confirmed the availability of the Artwork and that MAG Arts has notified him of the receipt of payment, is in charge of packing the Artwork and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
Depending the Buyer’s delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from a Partner Gallery outside of his territory, he may need to pay import duties upon receipt of the products. Neither we nor the Partner Galleries have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
The Vendor agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork’s form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 7 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to MAG Arts for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.
The Vendor agrees to provide MAG Arts , who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier’s website, provided that the carrier offers a package tracking service.
In that case Products are transported at the Vendor’s risk.
4.2 Withdrawal by the Buyer from the Vendor’s point of sale
The Buyer may also pick up the Artwork(s) ordered on the Site directly at the Vendor’s outlet.
The Buyer indicates, for each Artwork, the delivery method (Home delivery or Pick-up by the buyer) he chooses while confirming his order on the Site.
In the event of a withdrawal from the Vendor’s point of sale, the Buyer will not be required to pay the shipping costs.
Once the Buyer has placed his order, provided that the Artwork is available and that MAG Arts confirmed the good reception of payment if the Buyer has chosen this method of payment, the Vendor makes the Artwork ordered available to the Buyer within a period specified in the sales Ad and indicated in the details of the Artwork.
The Vendor shall specify in his account when the Artwork is available to the Buyer at the outlet. The Buyer will then receive an email notice from MAG Arts .
The Buyer has 15 days from receipt of the aforementioned email to collect the Artwork at the address specified by the Vendor.
The Vendor, provided only that MAG Arts has confirmed receipt of the full payment, will deliver the Artwork, the invoice and certificate of authenticity to the Buyer after verifying the identity of the latter.
In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty. For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is not applicable.The Buyer exercises his right of withdrawal directly to MAG Arts by sending an email to the address email@example.com MAG Arts will then notify the Seller by sending an email. MAG Arts will manage the return of the work and will bear the cost of returns (which will either be paid by the Buyer and refunded by MAG Arts or directly paid by MAG Arts ).
MAG Arts will also reimburse the Buyer for the price of the Work as well as the shipping costs.
The refunds of MAG Arts to the Buyer are made once the Seller has notified MAG Arts of the good reception of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
Vendor undertakes to deliver a quality service to Buyers.In this regard, any Buyer has the ability to report, by emailing MAG Arts at the address firstname.lastname@example.org, within 21 days from the receipt of any Artwok, any claim concerning the Artworks ordered, following the hereafter criteria:
- – Product not received: the Product has not been received by the Buyer
- – Non-compliant Product: the received Product does not correspond to the ordered Product
- – Damaged Product: the received Product is damaged or broken.
In the case of a complaint from a Buyer regarding an Artwork, once the Vendor is informed of the said claim by email to MAG Arts , the Vendor will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by MAG Arts or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, the Seller will be responsible for organizing the return of the Work and for taking all the costs to be borne by it.
In this case the price of the Product(s) purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by MAG Arts once the Seller has notified MAG Arts of the receipt of the Artwork.
As a complement to Article 6 of the Buyer Terms and Article 8 of the Vendor Terms, the Buyer and Vendor are advised that all data collected through the Service when placing orders is processed by MAG Arts T for processing purposes of the orders. The Buyer’s information and data relating to the delivery are transmitted by MAG Arts to the Vendors for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes. The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders. In case of difficulty regarding the processing of those data, the Buyer and the Vendor may contact MAGArts directly, under the conditions set in the Buyer Terms or in the Vendor Terms.
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.