Last Update: January 15, 2024

Article 1 – LEGAL NOTICE

This website, accessible at the URL magthewomengallery.com, is published by:

MAG The Women Gallery, a company with a capital of 1000 euros, registered with the RCS of Le Havre under number 980 377 329, with its registered office located at 29 rue du Village, represented by Jean-Baptiste Bettencourt duly authorised.

(Hereinafter referred to as the “Operator”).

The Operator’s intra-community VAT number is:

FR 43980377329.

The Site is hosted by the company Site Ground Spain SL, B87194171, located at Calle Prim n19, 28004 Madrid, SPAIN, (phone: +34 900838543.)

The Operator can be contacted at the following phone number +33789219487 and the email address contact@magthewomengallery.com.

Article 2 – GENERAL PROVISIONS REGARDING THESE TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale” or “GTC”) apply exclusively to the online sale of products offered by the Operator on the website. The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them upon request by any means. The GTC are binding on the customer who acknowledges, by checking a box or clicking the button provided for this purpose, having been informed of them and having accepted them before placing an order. The validation of the order by confirmation constitutes the buyer’s acceptance of the GTC in force on the day of the order, the conservation, and reproduction of which are ensured by the Operator.

Article 3 – DESCRIPTION OF PRODUCTS

The Site is an online art sales site that includes paintings, sculptures, and photographs open to any natural or legal person using the Site (the “Client”).

The Products presented on the Site each have a description indicating their essential characteristics. The photographs illustrating, where applicable, the works do not constitute a contractual document. The Client is responsible for the terms and consequences of his access to the Site, especially through the Internet. This access may involve payment of fees to technical service providers such as internet service providers, which remain at his expense. In addition, the Client must provide and be entirely responsible for the equipment necessary to connect to the Site. The Client acknowledges having verified that the computer configuration he is using is secure and in working order.

Article 4 – CREATION OF THE CLIENT SPACE

To place an order on the Site, the Client must first create his personal client space. Once created, to access it, the Client must identify himself using his secret, personal, and confidential identifier and password. It is the responsibility of the Client not to disclose his identifier and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Client undertakes to maintain strict confidentiality about the data, in particular, the identifier and password, allowing him to access his client space, the Client acknowledging being solely responsible for access to the Service through his identifier and password, except proven fraud. Each Client also undertakes to inform the Operator immediately in the event of loss, diversion, or fraudulent use of his identifier and/or password.

After creating his personal client space, the Client will receive an email confirming the creation of his client space.

The Client agrees during his registration to:

• Provide real, accurate, up-to-date information at the time of entering it into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorisation.
• Keep registration data up to date to guarantee their real, accurate, and up-to-date nature.

The Client also undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Client’s access to the Site at his exclusive fault.

Article 5 – ORDERS

The Operator strives to ensure optimal availability of its Products. The offers of artworks are valid within the limits of available stocks.

Except for any contrary mention in these General Conditions and without prejudice to the right of withdrawal provided by applicable law, the Client’s orders are firm and final.

When placing an order, the Client must select the chosen artworks, add them to his cart by indicating the selected artwork or artworks. The Client has the option to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his cart before validating it.

The Client undertakes to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment for his order. The confirmation of the order implies acceptance of the GTC and forms the contract.

Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and no later than at the time of delivery. The Operator strongly advises the Client to print and/or archive on a reliable and durable medium this order confirmation as proof. A digital invoice is made available to the Client in the “my account” section. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof

Article 6 – PAYMENT METHODS AND SECURITY

The Client expressly acknowledges that any order placed on the Site is an order with an obligation of payment, which requires the payment of a price for the supply of the ordered Product.

In any case, the Operator reserves the right to verify the validity of the payment before shipping the order, by any necessary means.

The Operator uses the online payment solution SOGECOMMERCE.

Orders can be paid using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure bank servers of the Operator’s bank; the Client’s banking details do not pass through the Site. The banking details provided during payment are protected by TLS (Transport Layer Security) encryption. This way, these details are not accessible to third parties. The Client’s order is recorded and validated upon acceptance of payment by the bank. The Client’s account will be debited only when (i) the data of the credit card used has been verified, and (ii) the debit has been accepted by the bank that issued the credit card. The inability to debit the amounts due will result in the immediate nullity of the sale. The credit card may be rejected if it has expired, reached the maximum spending limit to which the Client is entitled, or if the entered data is incorrect.
• Payment by electronic wallet (such as Paypal). The Client already has an account on the electronic wallet used by the Operator. The Client can use this account and pay for his order securely without disclosing his banking details.
• Payment by bank transfer. The Client can pay for his order by bank transfer. During the order, the Operator will provide the details of the account to which the transfer should be made, as well as the order reference to be indicated in the transfer order. Orders are processed within a maximum of 48 hours following the receipt of the transfer. If applicable, the Client’s validated order will be considered effective only when the secure banking payment center has approved the transaction.

As part of the control procedures, the Operator may have to ask the Client for all the necessary documents to finalise his order. These documents will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the artworks in force at the time of the order is indicated in euros, including all taxes (VAT), excluding delivery and transportation costs. In the case of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the promotion advertised.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transportation costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Client. The total amount due by the Client and its details are indicated on the order confirmation page.

Article 8 – FORMATION OF THE CONTRACT

The contract between the Operator and the Client is formed when the Client sends the confirmation of his order.

The attention of the Client is particularly drawn to the method of accepting the order placed on the Site. When the Client places his order, he must confirm it using the “double-click” technique, meaning that after selecting artworks added to the cart, the Client must check and possibly correct the contents of his cart (identification, quantity of selected products, price, delivery terms, and fees) before validating it by clicking “I validate my delivery.” Then, he acknowledges accepting these GTC before clicking the “I pay” button, finally confirming his order after entering his banking details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Client.

The archiving of communications, purchase orders, and invoices is ensured by the Operator on a reliable and durable medium to constitute a faithful and lasting copy. These communications, purchase orders, and invoices can be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone constitutes evidence of all transactions between the Operator and its Clients.

The order can be terminated by the Client by registered letter with acknowledgment of receipt or by a written document on another durable medium in case of:

• Delivery of a Product not conforming to the declared characteristics of the Product;
• Delivery exceeding the deadline set in the purchase order or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same terms and without result, to make the delivery within a reasonable additional period;
• An increase in the price that is not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Client can demand the refund of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order can be terminated by the Operator in case of:

• The buyer’s refusal to take delivery;
• Non-payment of the price (or the balance of the price) at the time of delivery.

Article 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of the artworks ordered on the Site until the full payment is received, including any shipping costs.

Article 10 – SHIPPING AND DELIVERY

Online sales offers presented on the site are reserved for consumers residing in France or, if applicable, in a member country of the European Union, and for deliveries in these geographical areas.

Delivery means the transfer to the Client of the physical possession or control of the artwork.

The shipping costs are those specified during the completion of the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each artwork, to deliver the said artworks within a maximum period of thirty (30) days after receiving the order.

However, if one or more artworks cannot be delivered within the initially announced deadline, the Operator will send an email indicating to the Client the new delivery date.

The artworks will be delivered to the address specified by the Client during the order. It is the responsibility of the Client to verify that this address does not contain any errors. The Operator’s responsibility cannot be engaged if the address provided by the Client is incorrect, thus preventing or delaying the delivery.

Upon delivery, it may be required to sign a receipt. No delivery will be made to a PO Box.

Upon delivery, it is the responsibility of the Client to check that the delivered artworks are in accordance with his order and that the package is sealed and undamaged. If this is not the case, the Client must indicate it on the delivery receipt. No claim regarding the quantity or condition of the artwork will be accepted if the claim has not been noted on the delivery receipt.

Article 11 – RIGHT OF WITHDRAWAL

If an artwork delivered does not fully satisfy the Client, the latter may return it to the Operator. The Client has fourteen (14) days to do so from the date of receipt of the order.

Return costs are borne by the Client.

The returned artwork must be in its original packaging, in perfect condition, suitable for resale, and unused.

In addition to the returned artwork, the return package must also include a letter specifying the exact (name, first name, address) and complete coordinates of the Client, as well as the order number and the original purchase invoice.

The Operator will refund the Client the amount of the Product within fourteen (14) days from the receipt of the Product and all elements allowing the implementation of the Client’s refund. This refund may be made by the same means of payment as that used for the Client.

By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal terms.

Article 12 – CUSTOMER SERVICE

The Client can contact the Operator:

• By phone at the following number +33789219487 during the following opening days and hours: Monday to Friday from 10:00 am to 5:00 pm.
• By email by sending a message to contact@magthewomengallery.com, indicating their name, phone number, the subject of their request, and the order number concerned.

Article 13 – INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including, without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, Site structure, and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) that are protected by French and international laws and regulations relating to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorised use and/or exploitation.

ARTICLE 14 – LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Client or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to these.

The Client acknowledges that the characteristics and constraints of the Internet do not allow the guarantee of the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve their content and/or presentation. The Operator cannot be held responsible for the use made of the Site and its services by Clients in violation of these General Terms and Conditions and the direct or indirect damages that this use could cause to a Client or a third party. In particular, the Operator cannot be held responsible for false statements made by a Client and their behaviour towards third parties. In the event that the liability of the Operator is sought for such behaviour of one of its Clients, the latter undertakes to indemnify the Operator against any conviction pronounced against it and to reimburse the Operator for all expenses, including lawyer’s fees, incurred for its defense.

It is reminded that seeking amicable solutions prior to any possible legal action does not interrupt the deadlines for legal guarantees or the duration of any contractual guarantee.

ARTICLE 15 – PERSONAL DATA

For more information regarding the use of personal data by the Operator, please carefully read the Privacy Charter (the “Charter”). You can consult this Charter on the Site at any time.

Article 16 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Client, to facilitate the use of resources available on the Internet. If the Client uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, if applicable, in accordance with the conditions that govern them.

The Client acknowledges that the Operator neither controls nor contributes in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for these hypertext links.

In addition, the Client acknowledges that the Operator cannot endorse, guarantee, or take over all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or banners redirecting to third-party sites not published by the Operator.

The Operator invites the Client to report any hypertext link on the Site that would allow access to a third-party site offering content contrary to laws and/or morals.

The Client cannot use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 17 – REFERENCES

The Client authorises the Operator to mention the name of the Client, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 18 – GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator related to their purpose. If one or more provisions of these General Terms and Conditions are declared null and void in accordance with a law, regulation, or a definitive decision of a competent court, the other provisions will remain in full force and effect. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of its right to invoke such a breach in the future.

MODIFICATIONS TO THE CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Site.

Furthermore, the Operator reserves the right to modify the location of the Site on the Internet and these General Terms and Conditions at any time and without notice. The Client is therefore obliged to refer to these General Terms and Conditions before any use of the Site.

The Client acknowledges that the Operator cannot be held responsible in any way towards him or any third party for these modifications, suspensions, or cessations.

The Operator advises the Client to save and/or print these General Terms and Conditions for safe and lasting storage and thus be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT – MEDIATION

In the event of a dispute, you must first contact the company’s customer service at the following address: contact@magthewomengallery.com

In case of failure of the complaint to the customer service or in the absence of a response from this service within ten (10) days, the Client may submit the dispute relating to the order form or these GTC opposing it to the Operator to a mediator.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of initiating a request for amicable resolution by mediation, within a period of less than one year from his written complaint to the professional. MAG, THE WOMEN GALLERY. has designated, by registration under number 52099/VM/2312, SAS Médiation Solution as a consumer mediation entity. To refer the dispute to the mediator, the consumer must formulate his request:

• Either in writing to: Sas Médiation Solution – 222 chemin de la bergerie 01800 Saint Jean de Niost
• Either by email to: contact@sasmediationsolution-conso.fr
• Either by filling out the online form entitled “Refer the mediator” on the website https://www.sasmediationsolution-conso.fr
• Regardless of the means of referral used, the request must imperatively contain:
• The postal, telephone, and electronic contact details of the applicant,
• The name, address, and registration number with Sas Médiation Solution, of the professional concerned,
• A brief statement of the facts,
• Copy of the prior complaint,
• All documents allowing the instruction of the request (order form, invoice, proof of payment, etc.)

The mediator will try, independently and impartially, to bring the parties closer together to achieve an amicable solution. The parties remain free to accept or refuse the use of mediation, and in the event of mediation, to accept or refuse the solution proposed by the mediator.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CLIENT

The Client acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Client confirms that they have read and accepted the General Terms and Conditions, thereby contractually binding themselves to the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Client are those available on the date of the order, a copy of which dated today can be provided to the Client upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, except with the express agreement of the Client at the origin of a given order.