General terms and conditions:
General terms and conditions:
These general terms and conditions aim to define the rights and obligations of the Mica Gallery and the client of the products presented by the Mica Gallery on its website: www.galeriemica.com (hereafter " The website " ).
They must apply in an exclusive way between the Mica Gallery company,
route du meuble, la brosse, 35 760 Saint-Grégoire Siret : 439 473 869 00014 (hereafter « GALERIE MICA ») and each physical person consumer visiting or purchasing via the so-called website (hereafter "the client" ).
On the website, the Mica Gallery allows the client to order online the products of the Mica Gallery brand (hereafter " the product(s)") according to those general terms and conditions.
Any order made from the Mica Gallery leads to the acceptance without restrictions by the client of those general conditions.
These general terms and conditions could be modified at any time and without a prior notice by the Mica Gallery, the applicable conditions being those in effect at the orders' date by the client. These general terms and conditions are accessible in a permanent way at the following address:
http://www.galeriemica.com/cgv in a digital format allowing their printing and/or their downloading, so that the client could proceed at their reproductions or at their safeguards.
2. Products and conformity
2.1 The products offered for sale are presented on the Mica Gallery website and attached with a description.
2.2. The products proposed by the Mica Gallery are in accordance with the applicable standards in France.
The elements such as in particular pictures, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the products are not contractual, what the client acknowledges.
Accordingly, the Mica Gallery would accept no liability in case of error or omission of any element or in case of modification of the so-called elements by the suppliers and/or editors.
3. Client's obligations
3.1. The client declares to be aged of at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the website.
3.2. The client is committed to communicating to the Mica Gallery the real and necessary pieces of information to the achievement of the object's delivery in those conditions like it is asked online and according to his situation, especially his name, first name, address, telephone number and a valid email address.The client is responsible for the consequences due to false or inaccurate information given or they use would be illicit.
3.3. Once the order is placed, the Mica Gallery will send a confirmation email to the client. This email will also inform the client about the products' consignment.
4.1. Any order will not be valid until the payment acceptance.
4.2. The Mica Gallery reserves the right to cancel or refuse an order in case of a disagreement with the client on a previous order.
4.3. The Mica Gallery can accept the order as long as stocks are available. It will inform the client of the products’ availability on the website at the moment of the order confirmation.
4.1. Any rent will not be valid until the payment acceptance..
4.2. The Mica Gallery reserves the right to cancel or refuse a rent in case of disagreement with the client on a previous order.
4.3. The Mica Gallery can accept the rents as long as stocks are available. It will inform the client of the products’ availability on the website at the moment of the order confirmation.
If despite the awareness of the Mica Gallery, the products are unavailable, the Gallery will inform the client by email as soon as possible. The client can cancel his order and get reimbursed, if necessary, the amounts already deposited.
The definitive or temporary unavailability of the products cannot, in any circumstances commit the Mica Gallery responsibility, no more than it can involve a particular right of compensation or damages in favour of the client.
5.1. The prices displayed on the website are stated in euros VAT inapplicable ART 293 B, delivery fees excluded, involvement in the order process and packaging costs.
The shipping costs, the involvement in the order process costs and packaging costs will be indicated in the final validation of the order. They include in particular the order process costs.
If you ask a delivery outside the French territory, your order may be submitted to possible taxes and customs duty when it will arrive at the destination.
The payment of those rights and taxes come under your responsibility and we invite you to get informed nearby the relevant authorities of your country. You can also check the possibilities of import and use of the product that you order from us in the country of destination.
Prices could be modified at any time, without prior notice and especially in case of tax and economic data changes. The items will be billed on the basis of the prices in effect at the moment of the order.
6.1. The Mica Gallery delivers its products worldwide. The products are sent with a delivery slip, at the delivery address indicated by the client during its order. The delivery could be achieved neither in the hotels nor in post boxes. The delivery timelines indicated on the website are indicative timelines, corresponding to the average delays of delivery processing. To respect these delays, the client has to make sure that he has communicated the exact and complete information concerning the delivery address (in particular: street's number, building, staircase, access code, name and number of entry phone...).
In case of delay in delivery of more than 7 business days, if the product hasn't been sent, the client can denounce the order by recorded delivery letter with acknowledgement of receipt and ask for his order reimbursement. If the item has been sent before reception of the order's cancellation for a delay in delivery of more than 7 business days, the Mica Gallery will proceed at the reimbursement of the item, expeditions and return costs at the reception of the complete object in its original state.
The Mica Gallery is committed to informing the client about the evolution of his order process.
In case of a damaged package ( already opened, missing products...), the client is committed to notifying it at the carrier and at the Mica Gallery, by every means, within 3 days from the product receptions.
The Mica Gallery can't be held responsible for the consequences due to a transit delay, which wasn’t executed by the Gallery.
The full payment has to be achieved during the order. At no time the deposited amount will be considered as a deposit or a down payment. The client pays his order by credit card (Visa, Eurocard/Mastercard), with Stripe, with his Paypal account, by cheque or by bank transfer in accordance with this article.
For each transaction, the client will indicate the number which appears on the recto of his card, the expiration date on his card and the cryptogram appeared on the back of his card ( three last figures).
The communication by the client of his credit card number acts as an authorization for the Mica Gallery to debit his account to the corresponding amount of his order.
No sending in cash on delivery will be accepted, whatever the reason is. The Mica Gallery keeps the ownership of the item until its full payment of the price by the client. The purchasing is made in a safe way.
The payment solutions adopted by the Mica Gallery are 100% safe. For the payments by credit card (debit card, Visa debit card and debit card online), all the information that the clients communicate to the Mica Gallery are strictly protected and guarantee the conformity and the safety of each transaction.
8. Exchanges and returns of the products
RIGHT OF WITHDRAWAL
In a period of fourteen (14) days as of the order receipt, the client may request at the Mica Gallery the return or the exchange of the product(s).
To do so, the client will use a return form received with the order, which includes all the indications to proceed with an exchange or reimbursement of the product(s).
The client will have to send back at his own expense the product(s) except in cases in which he would have received a product containing a manufacturer deficiency or not corresponding to initial order of the client.
The return or exchange are made on the client's own risks. The product has to be sent back in its original packaging, in his original state, new, together with a purchase order, at the following address:
Route du Meuble
The returned goods are exchanged or reimbursed within a period of fourteen (14 ) days effective from the reception by the Mica's Gallery. In the case of a reimbursement, this one will be carried out by a credit to the amount to reimburse on the client's bank account.
In the event of non-compliance by the client of those conditions, especially of the return and exchanges conditions, the Mica's Gallery will not proceed to the reimbursement of the products concerned.
9. Guarantees and liability:
The Mica Gallery has just an obligation of conduct for all the website access steps, from order procedure to the package despatch and subsequent service.
The Mica Gallery responsibility will not be committed for all the drawbacks and damages involved in the network use, especially for a service breakdown, an external intrusion or a digital virus presence, or of all force majeure facts, in accordance with the jurisprudence law.
10. Intellectual property
Under no circumstances, the client is authorized to download or to modify all or a part of the website and particularly its content (listed products, descriptions, pictures, videos...).
This website or a part of the website mustn’t be, in no way, reproduced, copied, sold or exploited for commercial reasons without an expressed and written authorization of the Mica Gallery.
In a general way, each copyright, brand or other distinctive signs and property rights or intellectual property appearing on the website, will remain the entire property of the Mica Gallery.
The client is, therefore, bound to respect the intellectual property rights and can’t in any way use the brands appearing on the website and the products if applicable, or register a band at the expense of the right holder, except for a contrary contractual provision.
The same should be applied to all the other intellectual property rights.
11. Guarantee and liability
The Mica Gallery is committed to using the clients' confidential information only as part of the website utilization.
For the success of the order, personal data collected will be processed by a computer, the customer recognizes having knowledge of this matter.
For this reason, the information regarding the client can be communicated to the Mica Gallery technical implementers.
Moreover, the Mica Gallery could apply technical means to obtain non-personal information concerning the internet users and intend to improve the website functionalities, for example drawing the number of visitors on certain pages.
In compliance with the 6th January 1978's law modified the 6th August 2004, the client has a right of access and rectification of personal data regarding him appearing in the Mica Gallery files. Any request has to be addressed by mail at:
email@example.com or by post at the following address Galerie MICA Route du Meuble La Brosse 35760 Saint-Grégoire.
12. Force Majeure
Upon an occurrence of a force majeure event, the concerned party has to inform the other one in a period of fifteen (15) days from the occurrence of this event by registered letter with acknowledgement of receipt.
In an expressive way, are considered as force majeure or unforeseen circumstances case, apart from those usually well-established in the jurisprudence by the French law and the French Courts of Law, the total or partial strikes, lock-out, disturbance, boycotts or others actions of an industrial nature or commercial disputes, civil disorder, rebellion, war, disorders caused by the weather, epidemic, transport blocking or supply for any reason, earthquake, fire, storm, flood, water damage, legal or governmental restrictions, legal or regulatory amendments of the forms of commercialising, computer breakdown, interruption of telecommunications, including wireless and telecommunications networks, and all the other cases independent of the parties willingness preventing the normal execution of a contractual relationship.
All the parties obligation will be suspended during the entire force majeure period, without compensations.
If the force majeure event is more than 3 months long, the concerning agreement may be fully terminated without compensations for one or the other part.
13. General provisions
13.1. Partial invalidity of a clause
If any stipulation of those conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not cause the nullity of the others stipulations.
These general conditions could be modified at any times and without notice by the Mica Gallery, the conditions applicable are those in effect at the date of the client's order. Those general conditions of rent are accessible in a permanent way at the following address: http://www.galeriemica.com/location in a digital format allowing their printing and/or their downloading, in such a way as the client can proceed at their reproduction or their safeguard.
13.3. Applicable law - Competent court
Those general conditions are submissive at the French law regarding the legal and technical rules. Any dispute will be the subject of a previous attempt of a friendly settlement
In the absence of a friendly settlement, the jurisdiction is attributed to a qualified French court, despite the plurality of defendants or under the guarantee.
13.4. : REPRODUCTION OF THE APPLICABLE TEXTS ( ORDER 2005 - 136 OF 17th FEBRUARY 2005, CONSUMPTION CODE, CIVIL CODE)
Art. L. 211-4. of the Consumer code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing during the delivery. In application of the legal warranty of conformity, the seller is bound to deliver your order in compliance with the sales contract concluded, and shall be liable for any non-conformity which may exist upon delivery.
Art. L. 211-5. of the Consumer code
- To be conform at the contract, the product should:
1° Fit for use expected normally of a similar product and, when appropriate:
- Match to the data description gave by the seller and possess qualities that this one has presented to the client through a sample or a model;
- Have the qualitative characteristics that a client could legitimately expect taking into account the public statements made by the seller, by the producer or by his representatives, especially in the advertising or labelling;
2° Or presenting the characteristics defined in a mutual agreement by the parties or fit for any particular purpose sought by the client, bring to the seller attention and who has accepted.
Art. L. 211-12. of the Consumer code
Action resulting from defects in conformity lapses after two years from the date of delivery of the article.
Art. 1641 of the Civil code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Art. 1648 subparagraph 1 of the Civil code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
You may contact the Mica Gallery by phone on the 06 77 74 35 31
100% MADE IN FRANCE, BRITTANY
© 2019 Galerie MICA. All rights reserved.