Terms of sale

Last updated on: 01/11/2024

MIRETTE has set up the website www.mirette-arts.com. This is a marketplace (the "Marketplace"), operated under the MIRETTE brand, specializing in the sale of artworks and handicrafts through which one or more sellers (the "SELLER(S)") allow any internet user to purchase (the "CUSTOMER(S)"), through the Marketplace, products offered for sale (the "Products") at the indicated price.

MIRETTE acts solely as an intermediary: it provides a service to connect CUSTOMERS and SELLERS to facilitate the conclusion of a sales contract between them regarding the Products. These General Terms and Conditions of Sale (the "GTCS") describe the terms and conditions for the remote sale of goods and services between the SELLERS and the BUYERS through the Marketplace and define the obligations and rights of the Parties in this regard. The identity and contact details of the SELLER are accessible at any time on their Seller Space and are indicated on the invoice issued by the SELLER.

1. DEFINITION

GTCS: refers to the General Terms and Conditions of Sale, governing the relationship between the SELLER and the CUSTOMER.

CUSTOMER: refers to any person accessing the Site and wishing to purchase the Product offered for sale by a SELLER.

Account: refers to the USER's personal space on the Site.

Elements: refers to all intellectual property rights (such as copyrights, neighboring rights, trademark rights, database producer rights) pertaining to the SELLER and the Products they market, including images, sounds, videos, photographs, logos, trademarks, graphic elements, texts, visuals, tools, software, documents, data, databases, etc.

Seller Space: refers to the space assigned to each SELLER, accessible to any internet user (registered or not) that lists all the Products offered for sale by the SELLER as well as all necessary information for the SELLER's activity.

MIRETTE is a limited liability company with a share capital of €1,000, headquartered at 263 Rue de la Laïcité, 34070 Montpellier, registered with the Montpellier Trade and Companies Register under number 950 900 548, represented by Ms. Alexia REAU, acting with the necessary powers as manager.

Products: refers to any product offered for sale by the SELLER through the Site.

Site: refers to the website accessible for free at www.mirette-arts.com as well as all the content created, including: graphic charter, frames, banner, flash and video animations, source code, HTML code, and programming.

SELLER: refers to the person offering a Product for sale on the Site that the CUSTOMER wishes to purchase and identified as such at the time of the Product's sale.

Parties: refers to the SELLER and the CUSTOMER.

2. SCOPE

The GTCS apply to all orders placed on or with the Site.

The Site offers the CUSTOMER the sale of the SELLER's Products listed on the Site.

Any order placed on the Site implies knowledge of these GTCS and the CUSTOMER's agreement to all of their content.

The SELLER reserves the right to adapt or modify the GTCS at any time. In this case, only the GTCS in force at the time of the order will be applicable.

The SELLER advises the CUSTOMER to save and/or print the GTCS for safe and durable retention, so they can be invoked at any time during the execution of the contract if necessary.

Throughout the GTCS, the CUSTOMER will be understood as the one with whom the purchase-sale relationship is established and who will be billed for the order of a Product.

3. PRICES

All prices of the Products and services offered for sale on the Site are expressed in euros, including all taxes, excluding participation in processing and shipping costs. These processing and shipping costs are available for consultation before finalizing the order.

The SELLER reserves the right to modify its prices at any time but undertakes to apply the rates in force at the time of order registration, subject to the availability of the Products on that date.

The Products remain the property of the SELLER until full and complete collection of the price. However, from the removal or receipt of the order by the CUSTOMER or their representative, the risks of the goods removed or delivered are transferred to the CUSTOMER.

The discount code "WELCOME2024" offers a 10% discount on the VAT-inclusive price of the product, excluding delivery charges, on the first order placed by a CUSTOMER. This discount is solely borne by MIRETTE and does not affect the SELLER's remuneration in any way.

4. ORDERING AND VALIDATION

The CUSTOMER declares having read and accepted the GTCS before placing the order.

Orders are placed on the Site.

Contractual information is presented in French.

To place an order, the CUSTOMER follows the different ordering steps displayed on the Site, including selecting a Product, identifying a CUSTOMER, delivery terms and conditions, payment methods, and finalizing the order.

The CUSTOMER's attention is particularly drawn to the mode of acceptance of the order placed on the website.

The "double-click" and the checkbox on acknowledging and accepting the GTCS, validating the order, constitute an "electronic signature" equivalent to a handwritten signature.

They constitute an irrevocable and unreserved acceptance of the order by the CUSTOMER.

Unless proven otherwise, the data recorded by the SELLER via the Site constitute proof of all transactions between the SELLER and its CUSTOMERS.

Contractual information relating to the order (including the order number) will be confirmed by email in due time and at the latest upon delivery.

A digital invoice will be sent to the CUSTOMER upon delivery of the order.

The information provided by the CUSTOMER when placing the order (including the name and delivery address) binds them. Therefore, the SELLER cannot be held responsible in any way in the event that an error during the order process prevents or delays the delivery.

In accordance with Article 1127-2 of the Civil Code, the CUSTOMER can preview their order, in the form of a summary displaying the total price, delivery charges, and modify their basket or delivery address before the final confirmation of the order.

The SELLER reserves the right to refuse any order from a CUSTOMER with whom there is or has been a dispute regarding the payment of a previous order.

The CUSTOMER declares having full legal capacity to commit under the GTCS.

5. AVAILABILITY

Product and price offers are valid as long as they are visible on the Site, within the limits of available stocks.

In the event of unavailability of the Product after the order has been placed, the CUSTOMER will be informed of the time frame within which the Product will be made available. The CUSTOMER who does not wish to wait for this availability or in case of permanent unavailability of the Product, will be refunded the total amount paid no later than 14 days following the cancellation of the order in accordance with Article L.216-7 of the Consumer Code and following the PSP contractual terms accepted by the CUSTOMER.

6. PAYMENT

Payment is made in full on the day of the order.

Payment is made through the Site, via a Payment Service Provider chosen by MIRETTE and listed at the following address, STRIPE, whose general terms are available at the following address: https://stripe.com/fr/legal/ssa (the "PSP").

The PSP is a third party that acts as an intermediary to authorize, organize, verify, and regulate online payments made through the Site. The payment interface, payment security, and technical aspects are the responsibility of the PSP.

Any sale made through the Site will be paid in full by the CUSTOMER to MIRETTE, via the PSP. MIRETTE will then receive on behalf of and for the account of the SELLER, the sale price through the PSP who will deposit the corresponding amounts in an escrow account in accordance with current legislation. This requirement secures all parties to the transaction: SELLER, CUSTOMER, and MIRETTE.

The order will only be considered accepted by the SELLER once it has been validated by the SELLER and the payment of the order has been made via the PSP, which the CUSTOMER will be informed of via a notification from the Site.

In case of payment refusal, the order will be automatically rejected and the CUSTOMER will also be informed via a notification from the Site.

7. DELIVERY / SUPPLY

Modes of delivery and supply of goods.

[*The delivery methods, location, and any additional services offered are specified on each SELLER artist's page.]

The CUSTOMER's attention is drawn to the fact that it is their responsibility to assess the feasibility of delivery and deposit, meaning the delivery location must be easily accessible and compatible with the receipt of the Product (door dimensions, stairs). It is also their responsibility to indicate any access details (elevator, access code...) when ordering.

The CUSTOMER is solely responsible for a delivery and/or deposit failure due to a lack of information when ordering.

In case of visible defects or absence of user and maintenance instructions, the buyer is advised to have them noted in writing by the seller or delivery person upon removal, delivery, or commissioning.

Shipping costs are indicated before any order confirmation and calculated based on the country entered by the CUSTOMER.

Delivery times are understood in working days and correspond to average preparation and delivery times for the order in mainland France.

Delivery and removal times run from the confirmation of the order by the seller, which acceptance will be formalized by sending an email to the CUSTOMER informing them of the status of their order being prepared.

In case of items deliverable at different dates due to the availability of the ordered Products, the announced delivery time will be calculated on the longest delay. The seller cannot be held responsible for consequences due to a delivery delay.

The maximum delivery time is indicated on each SELLER Artist's page.

In case of shipment delay, the order will not be canceled. The seller will inform the CUSTOMER of this delay by email. The CUSTOMER may then decide to cancel the order and will send a notice of cancellation of the order to the seller by email.

In the case the order has not yet been shipped when the seller receives the CUSTOMER's cancellation notice, the delivery will be blocked, and the CUSTOMER will be refunded within 14 days of receiving the cancellation notice.

In the case the order has already been shipped when the seller receives the CUSTOMER's cancellation notice, the CUSTOMER may still cancel the order by refusing the parcel. The seller will then refund the sums paid, within 14 days of receiving the returned parcel in its original condition.

8. COMPLIANCE AND WARRANTY

The SELLER commits to delivering a compliant Product, meaning it is suitable for the expected use of a similar good and matches the description given on the Site. This compliance presumes the Products are of normal quality and fit for the expected use, corresponding to the description given on the Site and that the Products present the expected qualities for normal use.

The Product is presumed non-compliant if it does not correspond to the description given by the SELLER, if it is unfit for the usual use of a similar good, if it does not present the qualities that the CUSTOMER can legitimately expect, or if it does not have the characteristics defined by mutual agreement between the Parties.

The SELLER is liable for any lack of conformity existing at the time of delivery and for any defects in the packaging, assembly instructions, or installation when these have been put at their charge or carried out under their responsibility.

The SELLER is liable for lack of conformity due to packaging, assembly instructions, or installation, and must, if necessary, repair or replace the Product.

The SELLER is liable for the warranty against hidden defects of the sold item that render it unsuitable for the use it is intended or which reduce this use so much that the CUSTOMER would not have acquired it or would have given a lower price if they had known.

The CUSTOMER can decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between rescinding the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

9. RIGHT OF WITHDRAWAL

According to the legal provisions in force, the CUSTOMER has a period of 14 days from receipt of the Product to exercise their right of withdrawal from the SELLER, without having to justify reasons or pay a penalty, to request an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the communication of their decision to withdraw to the SELLER.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the CUSTOMER by the SELLER.

In case of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the delivery costs are refunded.

The return costs remain at the CUSTOMER's expense.

The exchange (subject to availability) or refund will be made within 14 days from receipt by the SELLER of the Products returned by the CUSTOMER under the conditions provided for in this article.

10. FORCE MAJEURE

Any circumstances beyond the control of the Parties preventing the performance under normal conditions of their obligations shall be considered grounds for exemption from the obligations of the Parties and lead to their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence and their disappearance.

All irresistible facts or circumstances, external to the Parties, unpredictable, inevitable, beyond the Parties' control, and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered force majeure.

Expressly, force majeure or unforeseeable circumstances are considered to include, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks or difficulties specific to telecommunications networks external to the CUSTOMERS.

The Parties will consult to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure case lasts longer than three months, these GTCS can be terminated by the injured Party.

11. INTELLECTUAL PROPERTY

The content of the Site is the property of the SELLER and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offense.

12. DATA PROTECTION

Personal data collected from CUSTOMERS is necessary for processing orders and establishing invoices.

They may be communicated to the SELLER's partners responsible for executing, processing, managing, and paying orders.

The CUSTOMER has a permanent right of access, modification, rectification, and opposition concerning information about them.

13. APPLICABLE LAW AND JURISDICTION

All the clauses in these GTCS, as well as all purchase and sale operations referred to herein, will be subject to French law.

In case of dispute, jurisdiction is assigned to the competent courts of Montpellier, notwithstanding multiple defendants or warranty claims.

14. CUSTOMER SERVICE

For any information or questions, the CUSTOMER can contact the SELLER's customer service on the Site by email at the address indicated on the contact page.