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General Terms and Conditions of Sale
Last updated on: October 15, 2024
Definitions
“The Artist” or “Artist” designates the artist-author MESAGI, real name Mehmet SAGIROGLU, individual entrepreneur registered in France, SIRET No. 539 931 352 00022, domiciled at 122 rue Amelot 75011 Paris, France.
“Website” designates https://mesagi.art and all its different language versions.
“The User” or “User” designates any physical or legal person who visits the Website.
“The Customer” or “Customer” designates any physical or legal person who orders a product on the Website.
“Work” or “Works” designates any creation of the Artist, whether physical, dematerialized, artistic or not.
“GTCS” designates General Terms and Conditions of Sale.
These General Terms and Conditions of Sale govern the contractual relations between the Artist and the Customer.
Acceptance of the General Terms and Conditions of Sale and modifications
The placing of an order by the Customer entails the unreserved acceptance of the present General Terms and Conditions of Sale. Orders placed by email or other means of communication or in person are subject to the General Terms and Conditions of Sale. The General Terms and Conditions of Sale may be subject to change; the applicable conditions are those in force and can be viewed on the Website.
Copyright of photographs, Works, and texts
The purchase of a Work by the Customer does not in any way imply a transfer of copyright and does not give the Customer any right to reproduce or modify the Work; however, he may sell it, lend it, give it away, or exhibit it.
Purchase of a Work
The Artist’s Works are displayed on the Website with their availability, their prices including all taxes for orders within the European Union, as well as their characteristics.
The purchase of a Work by the Artist present on the Website is done by adding one or more Works to the cart, then by placing the order by validating the cart, and finally by confirming the order when paying for it. Only orders that have been paid in full are required to be honored. Orders that are not confirmed by payment or paid partially will be considered null and void.
Order requests outside the Website, whether by email, other means of communication, or in person, may be accepted or refused at the discretion of the Artist. The General Terms and Conditions of Sale apply to these orders.
Shipping costs
Shipping costs may vary depending on the size and/or weight of the Work. Shipping costs may also vary depending on the physical location that The Customer has chosen for delivery. Shipping costs will be displayed when the order is placed on the Website. These are final and cannot be increased by The Artist after the order has been confirmed by the payment made by The Customer.
VAT and other taxes
VAT is not applicable, article 293 B of the French General Tax Code. The prices displayed on the Website are all taxes included and final. If the Customer is located outside the European Union, the Customer may have to pay VAT and other taxes according to the laws of the country in which the Customer is located, these are solely the Customer’s responsibility and not the responsibility of the Artist. It is the Customer’s responsibility to find out about the import conditions specific to the Customer’s country.
Damaged or unreceived package
A package presenting visible damages must be refused by the Customer so that it can be returned to the Artist. If, however, the Customer accepts the damaged package and the ordered Work is damaged, the Artist may propose to the Customer: a partial refund, a full refund, or the shipment of another similar Work depending on the level of damages and the availability of the Work. Damages must be reported to the Artist within three days of receipt of the package, by sending an email to the address [email protected] with the order number and photos of the damages.
For shipments without a tracking number: If the Customer does not receive their package after the maximum time displayed below in the “Delivery” paragraph, and if this is not the result of an error on the Customer’s part when transmitting the delivery address, then the Artist will proceed accordingly to his assessment and the availability of his Works to reship an identical or similar Work or to a refund of the Work ordered but not delivered, to the customer. A reship concludes the sale and the Artist cannot be held responsible for the non-delivery, loss, or theft of the second package sent.
For shipments with tracking number: If the tracking does not indicate delivery after the maximum time displayed below in the “Delivery” paragraph, and if this is not the result of an error on the part of the Customer when transmitting the delivery address, then The Artist will proceed accordingly to his assessment and the availability of his Works to the reship of an identical or similar Work, or to a refund of the Work ordered but not delivered, to the customer. A reship concludes the sale and The Artist cannot be held responsible for the non-delivery, loss, or theft of the second package sent.
Address errors: if the Customer makes an error when inputting the delivery address, the responsibility for any delivery failure lies on the Customer. If the package ends up being returned to the Artist, the Customer may choose between a refund (excluding the shipping fees) and a reship with the shipping fees paid by the Customer. If the package ends up being lost, stolen, or delivered to the wrong location, the Artist may propose a partial refund to the Customer.
Delivery
Orders will be shipped within 5 working days if availability permits. The maximum delivery time is 20 working days for France, 48 working days for French overseas territories, 25 working days for countries in the European Union, and 30 working days for countries outside the European Union. These deadlines begin from the dispatch of the order placed by the Customer. The choice of delivery method will be decided by the Artist according to the Works ordered.
Payment methods
Payments for orders by the Customer are made via PayPal. In the event of non-payment, the sale is canceled and the Works ordered may be put back on sale by the Artist.
Conformity of the Works
The photographs of the Works for sale on the Site are for illustration purposes only. Due to the characteristics of electronic screens, the renderings of which may differ from one screen to another, the Works may be different from the photographs displayed on the Site. However, the Artist guarantees the conformity of the Works with the descriptions that accompany them. In the event of non-conformity of the Work received by the Customer with the description displayed on the Site, the Artist will, according to his assessment and the availability of his Works, exchange the non-conforming Work for a similar Work or a full refund of the price of the non-conforming Work as well as the shipping costs paid by the Customer. The Customer may be asked to return a Work that does not conform to its description to the Artist; the return shipping costs will be paid by the Artist.
Order cancellation
The Customer can cancel his/her order by sending an email to the Artist at [email protected]. Only orders not yet shipped can be canceled. If an order has been shipped it cannot be cancelled.
Right of withdrawal
You have the right to withdraw from this contract up to fourteen days after receiving your package. To do this, the Customer must send an email to the address [email protected] to notify the Artist of the Customer’s decision to withdraw. The Customer must return the Work in its original packaging and condition to the Artist, at the Customer’s own expense, no later than fourteen days after notification of withdrawal, in order to receive a full refund of the returned Work.
Refunds
Refunds requested by the Customer and granted by the Artist will be made using the same means of payment used for the payment of the order by the Customer. The currency used on the Website is the Euro (€), if The Customer’s local currency is different, refunds may be subject to exchange rate fluctuations. The Artist is not responsible for these exchange rate fluctuations and is not bound to compensate The Customer for them.
Personal Data Protection Policy
The data concerning The Customer is collected by The Site to enable the management and processing of orders, billing, accounting, and customer service. This data may be communicated to the Website’s service providers in order to enable the management, payment, processing, and execution of the order made by The Customer. This data may not be used for other purposes without the authorization of The Customer. You can consult the Website’s privacy policy here.
Legal jurisdiction
The official language of this agreement is French. This contract is subject to French law. In the event of a dispute, the French courts and justice system shall have sole jurisdiction.