TERMS OF SALES
1. OBJECT
This contract concerning the sale of goods, is concluded between the seller (hereinafter referred to as Maria Rosa Art ) and a buyer (hereinafter referred to as the Customer), as part of a distance selling system.
2. SCOPE
2.1. These general conditions of sale concern sales made by Maria Rosa Art on its website m aria-rosa-floral.art.
2.2. Any order placed on the m aria-r osa-floral.a rt website entails express and unreserved acceptance of these general conditions of sale.
2.3. In addition, the Customer declares to be at least 18 years old and to have the legal capacity or to hold parental or guardian authorization allowing him to place an order on the website (m aria-r osa-floral. art . ).
2.4. These general conditions of sale may be supplemented by special conditions, set out on the medium before any transaction with the Customer.
3. APPLICABLE LAW
3.1. These general conditions of sale as well as the prices are expressly approved and accepted by the customer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to avail himself of any contradictory document and, in particular, his own conditions. general conditions of purchase, the act of purchase entailing acceptance of these general conditions of sale.
3.2. These conditions are subject to change at any time without notice.
SELLER
This offer is brought to you by m aria-r osa-floral.a rt.
Mdauteuil - Marie-Hélène M.d'Auteuil
Company - MariaRosa Art
Resident at - 02160, Espoo, Finland
Company business identification number 3164366-6 (Finnish Register)
Director of publication: Marie-Hélène M.d'Auteuil
Customer Service: info@maria-rosa-floral.art
5. PRICES AND SHIPPING COSTS
5.1. The prices indicated on the website, by e-mail or during the various advertising operations of Maria Rosa Art are given without commitment and are subject to change in the event of a product update. The prices, established net in euros, are those in force at the time of the order. If, for any reason, an incorrect price is indicated to the customer when ordering, only the current price will prevail; in this case, the customer will have the right to cancel his order. Prices are set according to the material used and the time required to make the canvas.
5.2. For deliveries, a flat rate is added to the amount of the order. The price of this package is clearly mentioned during the Customer's order process.
For paintings shipped outside the European Union, customs or import taxes are likely to be eligible. These rights and sums are not the responsibility of Maria Rosa Art . They will be the responsibility of the Customer and are the full responsibility of the customer both in terms of declarations and payments to the authorities and competent bodies of the country concerned.
6. ORDER
6.1. The order from the website is only valid for billing and delivery addresses located in the countries indicated on the order form.
6.2. Maria-rosa-floral.art immediately after entering the order, sends a confirmation email to the Customer. This confirmation includes the order number, the specifications of the order, its total amount, the billing and delivery addresses.
6.3. The order is accepted by m aria-r osa-floral.a rt when it has been confirmed by the Customer on the website and the payment has been validated by Maria-rosa-floral.art .
6.4. In the case of a payment by credit card or a bank transfer, the validation of the payment means that our banking partner has confirmed the payment.
6.5. The shipment of items is only effective after acceptance of the order by Maria-rosa-floral.art .
7. TERMINATION
Maria-rosa-floral.art reserves the right not to record a payment and therefore not to accept an order for any reason whatsoever relating in particular to a supply or delivery problem foreseeable at the time of the order.
The Customer will be informed by e-mail - sent to the e-mail address he entered when creating his account on the Maria-rosa-floral.art website - within seven working days of the ordered. Non-execution or partial execution of an order will not give rise to any compensation. In such a case, no payment will be collected by Maria-rosa-floral.art.
8. PAYMENT TERMS
8.1. Payment is made in full when ordering, in cash, without discount and in euros only.
8.2. Four payment methods are offered:
-Payment through Wix Payments. The transaction is then managed on the server of our banking partner. You must indicate the number of your card, as well as its expiry date and the last three digits of the visual cryptogram on the back of the card. The data is encrypted and transmitted by a secure protocol according to the SSL protocol. You can pay by credit card without creating an account. Payment is instant and secure via the Wix Payments site and Maria-rosa-floral.art
-By PayPal transfer. The transaction is then managed on the server of our banking partner. You must indicate the number of your card, as well as its expiry date and the last three digits of the visual cryptogram on the back of the card. The data is encrypted and transmitted by a secure protocol according to the SSL protocol. You can pay by credit card on PayPal, with or without a PayPal account. Payment is instant and secure via the Paypal site.
In the event of payment by Paypal, the general conditions of use of Paypal apply.
-Payment via iDeal. You will be redirected to the iDeal platform. The transaction is then managed on the server of our banking partner.
-By bank transfer to the bank account of the visual artist MariaRosa Art , whose details will be disclosed to you after a written request to mdauteuil@hotmail.com.
8.3. Bank charges related to payment by the use of one or other of these means of payment are the responsibility of the Customer.
8.4. In the event of late payment by the Customer, the interest rate for late payment penalties will be 10% of the amount and 40 euros of fixed compensation for recovery costs.
9. COLLECTIONS OF PAYMENTS
9.1. The debit on the Customer's bank card will be made in euros at the time of the order.
9.2. In case of payment by bank transfer, the collection is made on the day of the transfer.
9.3. In the event of a payment incident of any kind, Maria-rosa-floral.art reserves the right to suspend current orders and refuse to honor any new order until full payment of the sums due.
10. RIGHTS ON THE WORK AND INTELLECTUAL PROPERTY
10.1. All elements appearing on the site are protected by copyright, trademark law and any other intellectual property right. No reproduction and/or adaptation can be made without the authorization of Mdauteuil, Maria Rosa Art - Marie-Hélène M.d'Auteuil.
The photos of paintings, texts, videos, graphics, logos contained on this site are the exclusive property of the visual artist MariaRosa Art and constitute intellectual works protected by the intellectual property code.
You can, via your web browser, view the elements for personal and private purposes only.
10.2. Any other use or public distribution than those expressed above, is strictly prohibited, except after having obtained the prior written consent of Maria-rosa-floral.art (address above). This prohibition is aimed in particular at the full or partial reproduction of the paintings or at extracting elements from the databases used and presented by the Maria-rosa-floral.art site.
Without prior written request, the public dissemination of a reproduction or copy of paintings (via blogs, Facebook, or other web community platforms) is liable to legal proceedings. The fact of citing the name of Mdauteuil is not enough to give the authorization of diffusion or publication.
10.3. The user agrees to use this information only for personal purposes. Any other use is strictly prohibited. This information is given for information only. Mdauteuil cannot be held liable for any error, omission, misuse or damage, whether direct or indirect, resulting from the use of information contained on this site. The user is solely responsible for the use of any information.
The mdauteuil.com website is only an intermediary between you and the works presented on the site. Consequently, we cannot assure you of the availability of each canvas. Please contact us for a catalog request of paintings available for sale.
10.4. Penalties
The use of all or part of the site, in particular by downloading, reproduction, transmission, screenshot, representation, or distribution for purposes other than for the personal and private use of the Internet user is strictly prohibited.
Violation of these provisions submits its author to the penalties provided for both by the intellectual property code, particularly in respect of infringement of copyright and trademark rights, and by the Civil Code in terms of civil liability.
By using this site, you implicitly accept the conditions of use described on this page, without prejudice to any recourse of a contractual and/or tort nature that may be exercised by www.mdauteuil.com. Any litigation relating to the interpretation or the execution of a contractual engagement envisaged in the texts of this site will be of the exclusive competence of the Finnish courts making application of the Finnish law.
The links indicated on this site are given as an indication, Mdauteuil.com cannot therefore be held responsible for their content.
The graphics and animations of the site remain the property of Mdauteuil.com and are subject to copyright and intellectual property. The site is created and produced by Marie-Hélène M.d'Auteuil.
11. DELIVERY
11.1. Maria-rosa-floral.art undertakes, in the event of acceptance of an order, to sell and ship to the address indicated by the Customer, the products chosen by him when ordering within a maximum period of two weeks. This period may be extended during school holidays.
11.2. To this time, the delivery time of the carrier must be added.
Packages are sent by our carriers Posti, DHL or UPS. Delivery times are those indicated by our carrier. MariaRosa Art can in no way be held responsible for delays in delivery times. Any delays in delivery do not entitle the buyer to claim damages.
11.3. MariaRosa Art delivers to the delivery address indicated by the Customer when entering his order on the website maria-rosa-floral.art . The information stated by the Customer, when taking the order, commits the latter: in the event of an error in the wording of the recipient's contact details, maria-rosa-floral.art cannot be held responsible for the impossibility in which it could be found, to deliver the product.
11.4. The goods sold travel at the risk and peril of the Customer, who will be responsible for verifying the conformity and the number of shipments received and, if necessary, initiating against the carrier, in particular in the event of damage, substitution or lack, the procedures provided for and following the Commercial Code. An email with supporting photos must be sent within 24 hours of receipt of the package to info@maria-rosa-floral.art .
11.5. The customer must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery slip. In the event of a dispute at the time of delivery of the package, the recipient will make reservations to the carrier on the delivery slip. This dispute must be declared by means of a letter with acknowledgment of receipt addressed to MariaRosa Art , within 24 hours (working days).
11.6. In the event of non-delivery of an order or part of an order, the Customer has a maximum of three months from the date of dispatch to notify MariaRosa Art . Beyond this period, MariaRosa Art will not accept any complaints.
12. TRANSFER OF OWNERSHIP
The seller retains full ownership of the products sold until full payment of the amount of the order. However, upon delivery, the risk of loss or deterioration is transferred to the buyer.
13. WITHDRAWAL
Buyers, non-professional individuals, benefit from a withdrawal period of 14 days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for return costs.
14. WARRANTY
The Customer benefits from the provisions of the legal guarantee against hidden defects provided for below in the Civil Code. In the event of non-compliance of a physical product sold and delivered, it may be returned to the seller who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by email to the following address: Maria-rosa-floral.art within thirty days of delivery.
The products sold on the Maria-rosa-floral.art website are not subject to any additional guarantee from Maria-rosa-floral.art. They will not be taken back or exchanged.
15. CONFIDENTIALITY
Maria-rosa-floral.art treats all information concerning the Customer with the strictest confidentiality. During purchases, Maria-rosa-floral.art only asks the Customer for the essential information (surname, first name, address, e-mail, telephone number), and refrains from any use of the data communicated by the Customer for another use only for quality processing and careful monitoring of the order.
16. LIABILITY
16.1. In the absence of explicit and written authorization issued by Maria-rosa-floral.art, it incurs no liability, either vis-à-vis its Customers or any third party whatsoever, for the distribution of the products appearing on its catalog.
16.2. Maria-rosa-floral.art cannot be required to repair direct or indirect damages, whatever their nature, resulting from the use of the products.
16.3. In the absence of explicit and written authorization issued by Maria-rosa-floral.art , the Customer is prohibited from reselling the products sold by Maria-rosa-floral.art . Under the same conditions, it is forbidden to reproduce in any way whatsoever and on any medium whatsoever, in particular digital, the visuals or images sold on the site of Maria-rosa-floral.art.
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16.4. Any order placed by a Customer is for his personal use or for the personal use of the person on whose behalf the delivery is to be made. In the latter case, the Customer guarantees the personal acceptance of these General Conditions of Sale by the recipient of the delivery.
17. FORCE MAJEURE
Strikes, civil or foreign war, riots, acts of terrorism, total destruction or partial premises or others, disruptions in transport, supply difficulties, customs measures of any nature or origin whatsoever, health crises or any other fortuitous event which prevents or delays totally or partially the fulfillment of the obligations by maria-rosa-floral.art.
18. DISPUTES
18.1. The Terms of Sale are governed by Finnish law. In the event that a dispute arises from this contractual relationship, the parties undertake before any legal action to seek an amicable solution.
18.2. In the event of a dispute, the District Court of Länsi-Uusimaa is the only competent.