OUR TERMS AND CONDITIONS
Introduction
STUDIO MMM, a simplified joint-stock company with a capital of 1,000 euros, whose head office is located at 7 rue Edouard Delanglade 13006 Marseille, registered with the Marseille Trade and Companies Register under number – immatriculation in progress -- (hereinafter "STUDIO MMM") set up, on www.la-succulente.com (hereinafter the" Site "), an online market platform allowing buyers (hereinafter the" Buyers "), to connect with professional artists also registered on the Site (hereinafter "Sellers"), in order to buy works of art (hereinafter the "Works") proposed to a certain price (hereinafter the "Intermediation Service").
To use the Intermediation Service, the Purchaser agrees to abide by these Terms of Use (hereinafter the "Terms") without restriction or reservation. Sales made through the Intermediation Service between Buyers and Sellers are governed by the General Conditions of Sale of the Intermediation Service (hereinafter the "GCS"). The GCS complete the Terms and must be accepted by the Purchaser for each purchase.
The Terms were updated on July 5th, 2022. STUDIO MMM reserves the right to modify the Terms at any time. Any changes will take effect immediately for online works as soon as they are posted on the Site. The terms applicable to the Intermediation Services are those in force on the date of their use.
1- Purpose
The purpose of the Terms is to define the conditions under which STUDIO MMM makes available to Buyers, as part of the Intermediation Service, a platform on the Internet to be able to buy Works from Sellers.
2- Description of the Intermediation service
The Intermediation Service consists of a set of tools allowing Buyers to get in touch with the Sellers in order to place orders for Works and to pay the price of Works. During the sale operation of the Works, STUDIO MMM only acts as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. As a result, the terms of recovery, exchange or refund of the Works will be determined between the Seller and the Buyer and can not bind STUDIO MMM.
In order to improve the Intermediation Service, STUDIO MMM provides the Buyer with a contact form to collect comments and suggestions.
3- Price of the Intermediation service
The use of the Intermediation Service is free (excluding any costs of the connection, the price of which depends on the electronic communication operator of the Buyer), with no obligation to purchase on the Site. Only the purchase of Works from Sellers is subject to payment, under the conditions stipulated in the GCS.
4- Personal data
The information and data concerning the Buyer are processed by STUDIO MMM. The information required for delivery will be transferred to the Seller for this purpose only. This information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations, if any, to STUDIO MMM, and to enable it to improve and personalize the services offered and the information sent to the Buyer.
In accordance with the law n ° 78-17 known as "Informatique et Libertés" of January 6, 1978, the Purchaser has a right of access to data, as well as a right to modify and delete them, in the conditions provided by law. To exercise these rights, it is sufficient for the Buyer to write online to STUDIO MMM via the contact form or by mail to STUDIO MMM SAS, 7 rue Edouard Delanglade 13006 Marseille, indicating his / her last name, first name, e-mail and address. In accordance with the regulations in force, the request of the Buyer must be signed and accompanied by a photocopy of an identity card bearing his / her signature and specify the address to which STUDIO MMM must send him / her its reply. A reply will then be sent to the Buyer within a maximum of 2 months following receipt of the request.
The Buyer may receive offers from STUDIO MMM and / or its partners (for example, newsletters, partner offers, etc.), depending on the choices made during the creation or consultation of its customer account. If the Buyer no longer wishes, he / she can at any time make the request to STUDIO MMM using the contact form.
When consulting the Site, information relating to the Buyer's navigation may be recorded in "Cookies" files installed on its terminal (computer, tablet, smartphone ...).
These Cookies are issued by STUDIO MMM in order to facilitate navigation on the Site and make it possible to recognize the browser of the Buyer when he / she is connected to the Site.
These cookies are issued in order to:
— to establish attendance statistics (number of visits, page views ...),
— to adapt the presentation of the Site to the display preferences of the terminals,
— memorize information entered in forms, manage and secure access to reserved and personal areas such as the customer account.
STUDIO MMM reserves the right to implement cookies in the computer or other terminal of the Buyer during visits to the Site.
A Cookie does not identify the Buyer but is intended to report any previous visit of the Buyer on the Site to help STUDIO MMM customize its Intermediation Service.
The Buyer can make settings so that cookies are disabled and avoid Cookies are installed, without his / her express agreement, in his / her computer. The Buyer may express and modify at any time his / her wishes for Cookies.
5- Intellectual Property
All the texts, comments, works, illustrations, Works and images reproduced or represented on the Site as well as the Site itself (and in particular its tree structure, its organization and the titration of its sections, its visual and graphic identity, its design , its ergonomics, its features) are strictly reserved under the law of the intellectual property, for all the term of protection of these rights and for the whole world.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraph, as well as to alter them, and more generally to use or exploit them. As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use, except prior written permission of STUDIO MMM or its partners constitutes counterfeit and sanctioned under the law of intellectual property.
Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of STUDIO MMM. The Buyers undertake to make their best efforts to report to STUDIO MMM any infringement of intellectual property right they would see.
6- Liabilities and guarantees
Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, including those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of default on its part, STUDIO MMM can not be held responsible for any damage that may be suffered by a Buyer, in particular and without this list being exhaustive:
— operating losses or information, resulting from possible malfunctions, failures, delays or interruptions of access to the Internet;
— the transmission and / or reception of any data and / or information on the Internet;
— consequences of any virus, computer bug, anomaly, technical failure;
— the failure of any receiving equipment or communication lines;
— the loss of any email and, more generally, the loss of any data;
— any damage caused to the terminal (computer, tablet, smartphone ...) of a user who connects to the Site;
— any technical, hardware or software failure of any kind that has prevented or limited the possibility of using the Site or having damaged the system of a user who connects to the Site;
— any obvious failure or error (including technical, hardware, software, price display, translation etc.) of any nature, having prevented or limited the possibility of using the Site or having misled a user who is connects to the Site;
— indirect or unforeseeable damage on the date of occurrence of the damage.
It is the responsibility of any user to take all appropriate measures to: (i) protect his / her own data and / or software stored on the computer equipment that he / she connects to the Site, against any infringement; (ii) be able to assess whether there is a manifest error in the information displayed on the Site (by sending a message via the contact form) so that any useful checks can be made, to correct, where appropriate, incorrect information.
STUDIO MMM’s liability to the Purchaser may be incurred only for facts that would be exclusively attributable to him / her and that would cause him / her harm directly related to these facts. It can not be held liable for indirect and unforeseeable damages on the date of occurrence of the damage. The responsibility of STUDIO MMM can not be engaged either because of the misuse of the Intermediation Service by the Buyer or any fault (both contractual and delictual) on his / her part. It can no more be engaged for reasons attributable to a third party to the Intermediation Service.
By accepting the Terms, the Buyer declares that he / she is fully aware of the characteristics and constraints of the Internet, that he / she is solely responsible for the information he / she gives in connection with his / her account on the Site and its relations with other users of the Intermediation Service and that he / she is solely responsible for his / her use of the Intermediation Service.
In addition, pursuant to Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, STUDIO MMM can not be held liable for the content made available on the Site by the Buyers or Sellers, in particular as regards the description of the Works, unless it did not make them promptly inaccessible after being informed of their illegality under the conditions provided by this law.
Finally, STUDIO MMM declines any responsibility regarding the sales concluded by the Purchasers through its Intermediary Service with the Sellers, to which it remains foreign. Any complaint relating to the comments on the Works description or the deliveries of the Works will be redirected to the Designated Seller, who will assume full and sole responsibility in this regard.
The Buyer undertakes, on first request, including in the event of a non-final court decision, to compensate and compensate STUDIO MMM for any damage, loss, loss of earnings, complaint, liability and costs, including fees and consulting costs that STUDIO MMM should be made to bear if its liability was engaged by a third party, because of a claim or action related to this use of the Intermediation Service by the Buyer.
Buyers are informed that STUDIO MMM can communicate all information relating to them, including registered, to the competent authorities responsible for the repression of fraud and offenses.
7- Partial invalidity
If one or more provisions of the Terms are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
8- Duration and validity
The Buyer is subject to the Terms of Use upon acceptance on the Site and until the deletion of his / her account, whether or not he / she uses the Site Intermediation Services.
9- Loi applicable et juridiction
The Terms are subject to French law. In case of dispute regarding their interpretation and / or execution, the Buyer and STUDIO MMM will make their best efforts to find an amicable solution. Failing an amicable agreement within 30 days from the notification of the dispute to the other party, the French courts will be competent.
Terms of sales
Introduction
These General Terms and Conditions of Sale (hereinafter the "GCS") apply in addition, as regards the Purchasers, the Terms (in which are defined the capitalized terms used in the GCS) and, as regards the Sellers, the confidential contract binding them to STUDIO MMM.
The GCS apply to all sales of Works made through the Intermediation Service between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Buyers of Works, excluding those between the Buyers and STUDIO MMM or between the Sellers and STUDIO MMM. Relations between Buyers and STUDIO MMM are governed by the Terms. The relations between the Sellers and STUDIO MMM are governed by a confidential contract binding them.
During the sale operation of the Works, STUDIO MMM only acts as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. As a result, the terms of recovery, exchange or refund of the Works will be determined between the Seller and the Buyer and can not bind STUDIO MMM.
The GCS were updated on July 5th, 2022. STUDIO MMM reserves the right to modify the GCS at any time. Any changes will take effect immediately for online works as soon as they are posted on the Site. The GCS applicable to the Intermediation Services are those in force on the date of their use.
The term Work is used in the singular in the GCS to facilitate the purpose. Where applicable, this term is used in the plural when the sale relates to several works.
1- Conclusion of the contract of sale between the Buyer and the Seller
1) The Works are presented on the Site with a description giving the Buyer to be able to know their essential characteristics and their price.
2) The Buyer selects the Work that he / she wishes to purchase.
3) He / she confirms his / her choice of Work, reads and accepts the Terms GCS. This acceptance is materialized by ticking and validating the validation message. He proceeds to the payment by credit card by following the instructions mentioned on the Site.
4) The Buyer receives an email confirmation of taking into account his / her order. However, the contract of sale concluded between the Buyer and the Seller is subject to the resolutory condition that the Work is available.
5) The Seller is informed by STUDIO MMM that a work he / she has put online has been the subject of an order.
6) The Seller undertakes to confirm or deny the availability of the Work ordered by the Purchaser within 5 days following the information referred to in point 5). In the case where the same Work is the subject of an order by several Buyers at a time, and depending on the availability of this Work (single work), it will only be sold to the first Buyer who registers his / her command. The order will be invalidated for the other buyers of the Work.
7) Once the availability of the Work has been confirmed or reversed by the Seller, an email is sent by STUDIO MMM to the Buyer to inform him / her of the availability or not of the Work ordered.
8) In case of confirmation of the availability of the Work by the Seller, the resolutory condition attached to the contract of sale concluded between the Buyer and the Seller is waived. The Seller in fact makes a firm commitment to deliver the Work or to make it available in the point of sale, within the time indicated on the Worksheet.
In the absence of confirmation of the availability of the Work within the period referred to in point 6), the contract concluded between the Buyer and the Seller is automatically resolved and each party is released from its obligations. However, only the contract for the sale of the Unavailable Work is covered by this resolution.
9) In the event of confirmation of the availability of the Work ordered by the Buyer, the said Work shall be dispatched by the Seller in accordance with the terms and conditions set out in Article 4.
2- Price and payment
The purchase price of the Work is set by the Seller. It is quoted in euros including tax on the description of the Work, but excluding delivery charges, the latter being specified during the validation of the shopping cart. If any customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and are his / her sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies. It is his / her responsibility to check with the competent authorities.
The payment of purchases made through the Intermediation Service is made by credit card to STUDIO MMM which cashes the corresponding amount, in the name and on behalf of the Seller.
The Buyer will be charged the price of the Work purchased plus the delivery costs.
In case of unavailability of the Work, the Buyer will be refunded.
3- Payments security
Transactions made on the Site are entrusted to a secure online payment platform so that no one can use the bank details of another person without his / her knowledge. STUDIO MMM has chosen to entrust its secure online payment platform to Stripe.
STUDIO MMM has no access to confidential information relating to the means of payment that the Buyer uses during payment.
Although STUDIO MMM uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail can not be guaranteed. STUDIO MMM can not be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damage resulting from failure or delay of transmission of electronic communications, interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
4- Mode and Shipping or Withdrawal Fees at Seller
The Work is delivered to the address provided by the Buyer when ordering. In this case, the Seller, provided that he / she has validated the availability of the Work and that STUDIO MMM has notified him / her of the receipt of payment, is responsible for packing the Work and making it available to a carrier. Shipping costs will be accepted by the Buyer at the time of the validation of his / her shopping cart.
Depending on the shipping address of the Buyer, different tax rules and other fees may apply. If the Buyer is shipped works outside its territory, it may be required to pay customs duties on the import during the reception of his / her works. STUDIO MMM can not control these fees and can not predict their amount. Buyer will be responsible for payment of these taxes and customs duties not included.
The Buyer must inquire on this point before placing his / her order.
The Seller undertakes to make the commissioned Work available to the carrier within the time specified on the Work Sheet from the date of confirmation of availability of the Work ordered. The Works are delivered to the address indicated by the Buyer during the passage of his / her order and must be delivered no later than 7 working days after confirmation of the availability of the Work at the carrier by the Seller, the delay may vary according to the chosen carrier. It is the sole responsibility of the Buyer to ensure that the information he / she provides to STUDIO MMM for this purpose is and remains correct and that it will allow him / her to receive the Works he / she buys on the Site.
In the context of a delivery by specialized carrier, the Seller undertakes to transmit to STUDIO MMM, who will then forward them to the Buyer, the name of the carrier who has taken charge of the transport of the Work at the Buyer and the parcel number and this in order to allow the Buyer to track the status of his / her order on the carrier's site, provided that the latter offers a package tracking service.
In this context, the Work travels at the risk of the Seller.
5- Right of withdrawal
In accordance with the legal provisions in force, in the context of a purchase made from a Seller established in the European Economic Area, the Buyer, if he / she himself / herself is a national of this zone, has a period of 14 days from the receipt of the Work ordered to exercise, with the Seller, his / her right of withdrawal, without having to justify reasons or to pay a penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not himself a national of this zone this right of withdrawal is not applicable.
In any case, the right of withdrawal is not applicable in all cases where the Work has been the subject of customization for the benefit of the Buyer.
The Buyer exercises his / her right of withdrawal directly from STUDIO MMM by sending an email to contact@la-succulente.com. STUDIO MMM will then notify the Seller by sending an email. The Seller then makes his / her personal case for the withdrawal requested by the Buyer. The elements relating to the retraction are directly settled between the Buyer and the Seller who will make their best efforts so that the Buyer can exercise this right in accordance with the regulations in force.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Work purchased will be refunded by the Seller through STUDIO MMM, the shipping and return costs will be borne by the Buyer.
The Work must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of its sending.
6- Litigation - Disputes
In general, the Seller undertakes to deliver a quality service to Buyers.
As such, any Buyer has the opportunity to report by sending an email to STUDIO MMM at contact@la-succulente.com, within 14 days of receipt of any Work, any claim concerning the Works ordered, according to the following criteria:
— Work not received: the Work has not been received by the Purchaser.
— Work not in conformity: the Work received does not correspond to the Work ordered.
— Work damaged: the Work received is damaged or broken.
In the event of a claim by a Purchaser concerning a Work, once the Seller is informed of the said claim by sending an email from STUDIO MMM, the Seller is personally responsible for the resolution of the dispute between him / her and the Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller shall make best efforts to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Work ordered and the reimbursement of the Buyer by the Seller or the partial or total refund of the Buyer only.
In case of return of the Work by the Buyer, the Seller will refund to the Buyer the price of the Work. The Seller will arrange the return and the shipping and return costs will be borne by him.
7- Personal data
The Buyer and the Seller are informed that all data collected as part of the Intermediation Service during the placing of orders are processed by STUDIO MMM for the purpose of processing said orders.
The information and data of the Purchasers relating to the delivery are transmitted by STUDIO MMM to the Sellers for the sole purpose of allowing them to dispatch the Works ordered. They can not under any circumstances be used for other purposes.
Each Seller has access only to personal data provided by the Purchasers of the Work to STUDIO MMM when ordering.
The Sellers undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders. The responsibility of STUDIO MMM can not be engaged in this respect. The cost of return remains the responsibility of the Buyer.
In case of difficulty concerning the processing of these data, the Buyer and the Seller may contact STUDIO MMM directly at contact@la-succulente.com.
8- Partial invalidity
If one or more stipulations of the GSC are held to be invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
9- Applicable law
The GSC are subject to French law. In case of dispute concerning their interpretation and / or execution, the Buyer, the Seller and STUDIO MMM will make their best efforts to find an amicable solution. In the absence of amicable agreement within 30 days from the notification of the dispute to one of the other parties, the French courts will be competent.