​EVEN ARTISTS DO NOT ESCAPE THE CLAUSES IN THE SMALL PRINT...

because we handle demanding and sensitive works of art. : )

 

Please consider the following:

Original designs and art editions are reactive to the environment: their colors and expressiveness may change and fade. So that you can enjoy your works for a long time, you must not expose all or part of them to ultraviolet rays (direct or strong natural light), nor even hang them directly above heaters or convectors and do not subject them to at a hygrometry higher than that of normal living spaces. Original works and art editions are therefore not suitable for outdoor spaces, cellars, damp rooms and kitchens. ​

 

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The provisions below establish the general conditions of sale of the creations offered by the company Caroline MABY - Individual Entrepreneur on its website www.carolinemaby.art. Any order for a work or edition of a work offered for sale on the site www.carolinemaby.art implies acceptance of the following:

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GENERAL TERMS AND CONDITIONS OF SALE

 

ARTICLE 1 – SCOPE OF APPLICATION

This contract determines the rights and obligations of the company Caroline MABY - Individual Entrepreneur and the Client in the context of the sale of the works offered through the website www.carolinemaby.com. These general terms and conditions of sale constitute the entirety of the rights and obligations of the company Caroline MABY - Individual Entrepreneur and the Client in the context of the sale of the works offered on the website www.carolinemaby.art without any other condition being able to be integrated therein. The company Caroline MABY - Individual Entrepreneur reserves the right to modify these conditions at any time.

 

ARTICLE 2 – COMPANY CONTACT DETAILS

Caroline MABY - Sole trader - Painter registered with the Maison des Artistes under the order number: M746617 - Company located at 18, rue du Montfleury 35400 Saint-Malo, France - Telephone: +33 (0)6 83 63 73 81 - SIRET 488 047 523 00011 - NAF code: 9003A - Intra-community VAT number: FR40488047523.

 

ARTICLE 3 – THE SITE OFFER

The creations offered for sale comply with current French legislation and the standards applicable in France on the date of purchase. The photos representing the creation are indicative, the actual colors of the works and editions (subtractive system) may differ from the colors presented by the digital display (additive system). Prices are indicated with a VAT of 5.50% included but do not include delivery costs. The customer is aware that the work will be delivered to him by postal delivery. The works can also be collected from the Saint-Malo workshop, by appointment.

 

ARTICLE 4 – ORDER

The registration of an order on the e-commerce store and its validation by the buyer occurs when the buyer chooses to click on “Pay with “chosen payment method””. This registration implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the date of placing. The Buyer’s order will be confirmed by Caroline MABY via email.

 

ARTICLE 5 – PAYMENT

All orders are payable in euros. Caroline MABY reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or an incident that would be due to the Buyer. To pay for his order, the Buyer has the following payment methods: Paypal and CB: Carte Bleue Maestro e-carteBleue Mastercard Visa Visa Electron For payments by credit card, the debit is made when the order is validated on condition that you have obtained prior authorization to debit your account from the competent payment centers, failing which the order could not be taken into account. The payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement concluded between the customer and his banking institution.

 

ARTICLE 6 - RETENTION OF TITLE

The work delivered remains the property of Caroline MABY until full and final payment.

 

ARTICLE 7 - RIGHT AND PERIOD OF WITHDRAWAL

Any customer who is not satisfied with the work ordered on the website may exercise his right of withdrawal under the best conditions. The legislation on online sales stipulates that the legal right of withdrawal period is fourteen (14) clear days from receipt of the work. The customer returning the creation within this period has the right to a refund of the price of the work ordered (except for outward delivery costs). The delivery costs for returned creations remain the responsibility of the customer. The creations must be returned in the same perfect condition as when they left the workshop. In order to exercise your right of return, you must, in order to cancel this contract, explicitly inform the artist in writing of your decision (by post or email) by sending it to: Caroline MABY, 18, rue du Montfleury, 35400 Saint-Malo, France, tel. +33 6 83 63 73 81, email: atelier(at)carolinemaby.com. In order to preserve the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

 

ARTICLE 8 – REFUND TERMS

The refund following the exercise of the right of withdrawal will be made within a maximum of 30 days from the receipt of the work at the workshop. The customer may also request the exchange of this work for another of the same value.

 

ARTICLE 9 – DELIVERY

Caroline MABY undertakes to deliver the customer's order within a maximum of 30 days from the date of validation of the order. All orders are sent with tracking by Colissimo, an express service from La Poste. Delivery times vary from D + 2 for France to D + 5/7 for the rest of the world. An email will be sent to you when the package leaves to confirm its tracking number. The largest formats of art editions and original works are wrapped in acid-free tissue paper, rolled in a large diameter and inserted in a waterproof protective polypropylene film. All packages are sent in reinforced, high-quality, shock-resistant cardboard containers. The ordered creations are delivered to the address indicated by the consumer on the order form, in mainland France and abroad. Invoices will be sent by email to the email address indicated by the customer when creating the customer account or when placing the order. Any complaints must be sent in writing to the address above. In the event of damage to the works, the customer agrees to report these non-conformities by email or post accompanied by photos representing the damage within 3 days of receipt of the package. The company Caroline MABY - Individual Entrepreneur then agrees to reimburse or exchange the creation according to the customer's wishes.

 

ARTICLE 10 – CUSTOMER INFORMATION

Any information you provide during the ordering process will be recorded with the highest degree of confidentiality. Neither your physical address nor your email address will ever be sold or given to another company, person or organization. You will not receive spam or unwanted emails. Information relating to online payments is not collected by this site. Credit card transactions are carried out under high security by Wirecard A.G. in Germany, the European leader in online and mobile payment operations.

 

ARTICLE 11 – APPLICABLE LAW

The parties agree that these general terms and conditions of sale are subject to the application of French law.

 

ARTICLE 12 – SETTLEMENT OF DISPUTES

The parties undertake to seek an amicable solution before any legal action. Any dispute relating to the interpretation or execution of these general terms and conditions of sale will, in the absence of an amicable agreement, be brought before the Commercial Court of Saint-Malo.

 

ARTICLE 13 – FORCE MAJEURE

The parties cannot be held liable when the failure to perform the respective obligations is due to force majeure. The following are considered cases of force majeure: strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises and production or other facilities, manufacturing incidents, disruptions in transport, supply difficulties and any other fortuitous event that totally or partially prevents or delays the performance of Caroline MABY's obligations. The event of force majeure, as envisaged above, suspends the performance of the contract; if the force majeure event lasts longer than one (1) month, the customer would then have the option to cancel the current order and it would then be refunded under the conditions set out in article 7.

 

ARTICLE 14 – REPRODUCTION RIGHTS

With the purchase of an original creation and/or an art edition of a work by Caroline MABY, you only acquire ownership of the finished object. No other right of use is granted. Any reproduction (polycopy: printing, drawing, engraving, photography, casting and any process of graphic and plastic arts, mechanical, cinematographic or magnetic recording), distribution, rental, making available to the public or other analog or digital exploitation is prohibited. The reproduction rights remain the full property of Caroline MABY. However, you can resell the original creation and/or the art edition.

 

ARTICLE 15 – PARTIAL INVALIDITY

If one or more stipulations of the general conditions of sale are deemed illegal, these illegalities will not result in the nullity of the other conditions which will then retain their force and scope.

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