General terms and conditions of sale
IMPORTANT: Please read these terms and conditions carefully: they define the terms and conditions of sale applicable when you place an order on the website www.mg-art-studio.com
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Preamble
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These General Terms and Conditions of Sale (hereinafter "GTC") govern sales made on the MG Art Studio website (www.mg-art-studio.com) between:
• The micro-enterprise Marion GUIBERT, operating under the trade name MG Art Studio, whose registered office is located at Avenue des Benezits, 13720 LA BOUILLADISSE, registered under SIRET number 99244764900011, and
• Any buyer, whether an individual or a legal entity, wishing to purchase products on the website.
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These General Terms and Conditions of Use and Sale define the rights and obligations of Marion GUIBERT - MG Art Studio and the Customer, applicable to the sale of Products, which the Customer accepts when ordering Products on the Website.
Marion GUIBERT - MG Art Studio reserves the right to modify these General Terms and Conditions of Use and Sale with reasonable notice. The applicable General Terms and Conditions of Use and Sale will be those in effect and accepted by the Customer at the time of the Order.
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Acceptance of these General Terms and Conditions of Use and Sale is mandatory to validate any order.
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1. Products
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Marion GUIBERT - MG Art Studio has taken all necessary precautions to ensure that all Products have been accurately described. However, although Marion GUIBERT - MG Art Studio strives to present accurate photographs of the Products on the Website, the colors the Customer sees will depend on the computer screen used and display settings. Therefore, Marion GUIBERT - MG Art Studio cannot guarantee that the photographs will exactly match the Products (details, colors). Consequently, the photographs, information, and visuals of the Products presented on the Website are provided for illustrative purposes only, and Marion GUIBERT - MG Art Studio cannot be held liable if the characteristics, performance, or other aspects of the Products differ, even if only slightly, from the visuals on the Website.
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2. Registration and Account Creation
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To place an order on the MG Art Studio website, creating an account is not mandatory. Customers can make a purchase as a guest.
However, creating an account offers certain advantages:
• Simplified order tracking and purchase history
• Ability to save shipping and billing information
When creating an account, the customer agrees to provide accurate, complete, and up-to-date information. Marion GUIBERT - MG Art Studio cannot be held liable for any false statements that may prevent it from fulfilling its obligations, particularly delivery.
The customer is responsible for maintaining the confidentiality of their login credentials and for all activities carried out on their account. Marion GUIBERT - MG Art Studio cannot be held liable for any fraudulent use of the customer's account, except in cases of negligence on the part of the company.
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3. Contract Conclusion
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The buyer selects the product(s) they wish to purchase.
They confirm their order and accept these Terms and Conditions by clicking.
The order is considered validated after payment confirmation.
Marion GUIBERT - MG Art Studio reserves the right to cancel any order from a customer with whom there is an existing dispute regarding payment for a previous order.
The seller undertakes to deliver the product only if it is available.
If the product is unavailable, the order is automatically canceled and the customer is fully refunded.
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4. Price and Payment
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The prices of the products displayed on the website are in euros (€) and do not include delivery charges. VAT is not applicable (micro-enterprise, Article 293 B of the French General Tax Code). Delivery charges, the amount of which is shown in the shopping cart and order summary, are added to the price of the products for each order.
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Customs duties and import taxes for international orders are the responsibility of the buyer.
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The selling prices of the products are determined freely by Marion GUIBERT - MG Art Studio and may be modified by her at any time without prior notice. The applicable price will be that in effect on the day the order is placed.
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Payment methods are indicated on the website's payment page and during the order process. Payment can be made by credit card or PayPal.
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The Customer guarantees that they are fully authorized to use the chosen payment method and that they have sufficient funds to cover the costs of the Order. Any bank charges related to credit card payments will remain the Customer's responsibility. Under no circumstances may Marion GUIBERT - MG Art Studio be held responsible for the fraudulent use of the Client's credit card or bank account, except in the case of its own fault.
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5. Delivery
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5.1 Delivery Zones
MG Art Studio ships orders to the following destinations:
• European Union (EU): Metropolitan France (including Corsica), Germany, Spain, Italy, Belgium, Netherlands, Luxembourg, Portugal, Austria, Sweden, Denmark, Ireland, Finland, Poland, Czech Republic.
• Europe outside the European Union: United Kingdom, Switzerland, Monaco, Andorra
• International (outside Europe): United States, Canada, Japan, South Korea, Singapore, Australia.
Orders from countries not listed above may be subject to a specific request. In this case, the customer is asked to contact MG Art Studio before placing the order to verify shipping availability and applicable costs.
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5.2 Shipping Costs
Shipping costs depend on the destination and the type of product ordered. The exact amount is displayed before order confirmation and must be accepted by the Customer.
For all deliveries outside the European Union, customs duties, import taxes, and any administrative fees:
• remain the responsibility of the Customer
• are non-refundable, even in the event of a return, cancellation, damaged package, or incorrect address.
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5.3 Delivery Times
Orders are shipped from France.
Delivery times are generally 2 to 10 business days for France, 5 to 12 business days for the European Union, and 10 to 30 business days for international deliveries outside the European Union.
These times are estimates and may vary depending on the carrier or customs procedures. The seller cannot be held responsible for delays attributable to the carrier or customs.
Delivery is made within the timeframe indicated at the time of order and, in any event, within a maximum of 30 days following order confirmation. When products are available sooner, delivery may occur before the stated timeframe.
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5.4 Delivery Delay
If delivery is not made within the maximum timeframe indicated, and except in cases of force majeure, the Customer may request cancellation of the order.
In this case, Marion GUIBERT / MG Art Studio will reimburse the Customer for the sums paid within 14 days of the cancellation request.
All requests must be sent by email to the following address: mgartstudio88@gmail.com
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5.5 Unclaimed Package or Incorrect Address
If a package is returned due to an error on the part of the Customer, particularly in the case of an incorrect address or failure to collect the package from the carrier, all costs associated with returning the package, any reshipping, customs duties, and import taxes are the Customer's responsibility and are non-refundable.
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5.6 Package Damaged During Delivery
If the package delivered by the carrier is visibly damaged or if any items are missing, the Customer is advised to refuse the package or to note specific and detailed reservations on the delivery slip so that the carrier's guarantee can be activated.
The Customer must inform Marion GUIBERT / MG Art Studio by email as soon as possible at mgartstudio88@gmail.com so that a claim can be filed with the carrier.
The Customer is advised that accepting the package without reservation may prevent any subsequent claims against the carrier.
Customs duties and import taxes paid by the Customer are non-refundable, even if the product is damaged. We recommend checking with your country's customs authorities.
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5.7 Returns and Address
The return address is not publicly available to protect the seller's privacy.
For all returns, the Customer must contact MG Art Studio at mgartstudio88@gmail.com to receive instructions and the temporary return address or secure drop-off point.
Return shipping costs are the responsibility of the Customer.
For orders outside the EU, customs duties and import taxes remain the responsibility of the Customer and are non-refundable.
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6. Right of Withdrawal
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In accordance with Article L.221-18 of the French Consumer Code, the Customer has 14 (fourteen) days from receipt of the product to exercise their right of withdrawal and request a return.
To exercise this right, the Customer may send their request by email to mgartstudio88@gmail.com.
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Return Conditions:
• The product must be returned in its original condition and original packaging (or equivalent) within 14 days of the withdrawal request.
• Return shipping costs are the responsibility of the Customer.
• Damaged artwork will not be refunded.
• For orders outside the EU, customs duties and import taxes are always the responsibility of the Customer and are not refundable.
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Non-refundable items, even in the case of return or cancellation.
Refunds will be issued within 14 days of receipt and verification of the product, using the same payment method used for the order.
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7. Guarantees
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All products sold by MG Art Studio are covered by the legal guarantees of conformity (Articles L217-4 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
To exercise these rights, the Customer must contact MG Art Studio by email at mgartstudio88@gmail.com and return the product in its original condition and packaging.
The guarantee does not cover damage resulting from abnormal use, improper storage, modification, or incorrect handling of the product.
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8. Intellectual Property
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In accordance with intellectual property and copyright law, all content on the MG Art Studio website – including original works, reproductions, drawings, designs, logos, visuals, photographs, texts, and all other graphic elements – is the exclusive property of Marion GUIBERT / MG Art Studio or their respective owners.
Any reproduction, representation, use, or exploitation, in whole or in part, of this content without the prior written authorization of MG Art Studio is strictly prohibited and constitutes infringement punishable by law.
Use of the website's content is permitted solely for personal and private informational purposes. Any reproduction for commercial purposes, public dissemination, or modification is prohibited without authorization.
Furthermore, the creation of hyperlinks to the website, including to the homepage or any other page, is subject to the prior written consent of MG Art Studio.
The Client agrees not to infringe, directly or indirectly, upon MG Art Studio, its website, or its intellectual property rights.
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9. Personal Data
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The data collected is used solely for processing orders and shipments.
It is not sold to third parties and is protected in accordance with the GDPR.
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10. Mediation and Disputes
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The sales contract between Marion GUIBERT - MG Art Studio and the Client is concluded in French and is governed by French law.
In the event of a dispute between Marion GUIBERT - MG Art Studio and the Client concerning the validity, performance, non-performance, or interpretation of these Terms and Conditions, or more generally, the relationship between Marion GUIBERT - MG Art Studio and the Client, the parties will endeavor to find an amicable solution.
The Client may:
• Send their complaint to Marion GUIBERT - MG Art Studio by email to mgartstudio88@gmail.com, who will respond as soon as possible.
• If an amicable agreement cannot be reached, the Client may resort to mediation or any other alternative dispute resolution method:
• The Client may contact the consumer mediator responsible for Marion GUIBERT - MG Art Studio free of charge, within one year of the written complaint sent to Marion GUIBERT - MG Art Studio:
• either by completing the form provided for this purpose on the mediator's website,
• or by mail addressed to the mediator.
• Finally, the Client may bring the matter before the competent court under French law.
Important: Amicable steps do not suspend the legal time limits for initiating legal proceedings.
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11. General Provisions
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If any non-essential clause of these General Terms and Conditions of Sale (GTC) is found to be invalid or unenforceable under any law or regulation, or as a result of a final decision of a court or competent authority, the parties expressly agree that this agreement shall not be affected by the invalidity of the aforementioned clause.
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12. Governing Law
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These GTC are governed by French law.