This document sets out the general terms and conditions governing all sales concluded by MC Ltd, registered with the Cannes Trade and Company Register (Registre du Commerce et des Sociétés de Cannes) under number 2004B00315, located at 52 avenue Saint-Jean, Cannes, for professional and non-professional clients wishing to purchase paintings offered for sale on its Internet site: www.mchampetier.com. By approving the order and making payment, the buyer accepts without reservation these general terms and conditions of sale (GTC).
All items are sold without a frame and are guaranteed in excellent order unless otherwise specified in the description, in which case this is reflected in the sale price. All the items featured are guaranteed authentic and are sold with a certificate of authenticity. The certificate provides a detailed description of the item and guarantees the authenticity of the signature, if handwritten. However, a certificate of authenticity is not provided for posters or items under 100 euros, unless expressly requested by the buyer. Despite all due care taken, it is possible that the photos and descriptions posted on www.mchampetier.com may contain errors and omissions, in which case they are non-binding. Feel free to ask for more details or further information. In addition, we will provide further photos upon request. MC Ltd assumes no liability in the event of an error or omission in the description or concerning the photo of an item listed on the website www.mchampetier.com. Only the invoice and the certificate of authenticity provided are binding.
All prices are NET in euros (EUR). They can be modified without notice. Payment is accepted in euros only.
The availability of the items will be confirmed prior to your order being placed&period; A limited number of items are available&comma; and may be unique&period;&NewLine;The various items are proposed while stocks last and this equally applies to our suppliers&period; MC Ltd declines any liability in the event of unavailability of one or more items&period; &NewLine;An order is binding&period; In order to be admissible&comma; possible modifications or cancellations requested by the buyer must be made by writing &lpar;email&rpar; prior to the paintings or items being dispatched&period; All orders are subject to a preliminary contract setting out our general terms and conditions of sale.
Immediate payment shall be made prior to dispatch by: cheque (this applies only to buyers with a bank account in France) bank transfer (bank charges are payable by the buyer) Visa or Mastercard credit cards (in the presence of the buyer only) In certain cases, we reserve the right to request payment by bank transfer.
No foreign cheques or PayPal shall be accepted. Payment shall be accepted in EUROS only.
Title is transferred after full payment of the goods pursuant to Law No. 80-335 of 12 May 1980.
Shipping, insurance and customs
Whether your item is dispatched by tube or by flat or a specific kind of packaging, you will be informed of the shipping rates, and prices inclusive of postage charges will be communicated to you on a case-by-case basis. We are responsible for arranging shipping and the cost of insurance is included in the shipment charges up to 8000 euros. If the value of your purchase exceeds 8,000 euros, a complementary insurance policy payable by the buyer shall be taken out. IMPORTANT : In the event of non-delivery or that an item is missing or damaged, the buyer shall notify the carrier within the prescribed periods (48 hours to seven days depending on the destination, see the terms and conditions of the carrier’s GTCs). Risk transfers from the seller to the buyer upon delivery of the package to the carrier (Incoterm CIP). Delivery is ensured by the carrier of our choice unless otherwise instructed by the buyer. In this case Incoterm EXW shall apply. CUSTOMS : Where appropriate, customs duties and customs clearance fees upon arrival of the package in the country of destination shall be payable by the buyer and are under his or her entire responsibility. STANDARD SHIPPING FEES (for information) Maximum of five (5) prints in a standard-sized tube, insurance included up to 3,000 euros within France via Colissimo (tracked): 15 euros Within France via Chronopost: 25 euros Within Europe (EU) via FedEx: 30-50 euros Within Europe (Non-EU: Norway, Switzerland …) via UPS: 60 euros United States, Canada, Mexico via FedEx: 70 euros Japan, Australia, Latin America by UPS: 100-120 euros Other countries via FedEx: 80-120 euros (fees upon request) Certain packages (large format or over 8,000 euros) will be dispatched at the expense of the buyer with a carrier specialized in the shipping of art works after acceptance of a quote.
In the event of a delivery error, an apparent non-announced issue or issue of non-conformity with the certificate of authenticity, complaints shall be made by writing (email) within a period of eight (8) days (14 days in the case of French and EU buyers) on receipt of the package. In the event of a return request, payment of shipping or postal charges will be at the expense of the buyer.
Any request to invoke the cancellation right must be made by writing (email) within eight (8) days (14 days for French or EU buyers) upon receipt of the package (compare Law No. 2014-344 of 17 March 2014). Reimbursement: the item’s purchase price less the return postal or shipping charges, additional packaging, insurance and possible customs duty charges will be credited to the buyer’s account within a period of seven (7) days upon receipt of the package. See the cancellation form to be filled out to this end.
No return shall be accepted without preliminary agreement. After agreement (justified complaint or invoking the cancellation right), the buyer shall be requested to place the items, with all the precautions necessary in the case of rare items and collections, in their original packaging, the instructions for returning an item being provided. In the event of loss or damage of the original packaging, the buyer shall be responsible for providing equivalent packaging. However, in order to ensure the safe return of the items, we can provide the packaging material to be paid for by the client. Soiled, damaged items or items tarnished due to negligence by the buyer shall not be accepted.&NewLine;In the event of clear negligence in the packaging of the art works, we reserve the right to have the package opened by a bailiff payable by the buyer for determination purposes.
Applicable law and jurisdiction clause
All our sales are governed by French law, notwithstanding the client’s country of domicile, the place where the order was made and the place of delivery. Our GTCs are translated into foreign languages for information purposes only, and only the French text of the GTCs shall apply, where appropriate, over all other versions in a foreign language or any other conflicting document in the event of a dispute. If one of the terms in our GTC is determined invalid, null and void or inapplicable for whatever reason, this term shall be considered autonomous and shall not nullify the force and scope of other terms of our GTC. In the case of a dispute, we ask that the client first contact us by email to reach a mutual agreement. Any dispute concerning the interpretation of the present GTCs, in the absence of a mutual agreement, shall be the exclusive competence of the Tribunal de Commerce de Cannes.
The liability of MC Ltd shall, where appropriate, be limited to the amount of the order. Do not hesitate to reach out to us if you have any questions. Please fill out our form.
Confidentiality and personal data protection charter
From 25 May 2018, the new EU General Data Protection Regulation (GDPR) will come into effect, which will significantly improve the protection of your personal data.
So, in order to be able to inform you about the works (prints, multiples, unique works, etc) that we will put on sale on the site of our gallery, in the future, we now require your explicit consent tto share them with you or continue sharing them with you.
Of course you have the possibility to revoke your consent anytime, using the link at the end of each newsletter and on each page of our site. If you do not confirm your interest, we will ensure that you will no longer receive email notifications.
The company S.A.R.L. MC (Michelle Champetier Gallery) take the management and protection of your personal data very seriously and take all necessary measures to ensure your personal data is handled and processed in a secure and responsible way.
This Charter presents the means used and the measures taken to collect, process and protect your personal data in accordance with the French law and European regulation on data security.
Definition and nature of « personal data »
When you register and/or use the website mchampetier.com, we may ask you to submit personal data.
The term « personal data » (also referred to hereinafter as « data ») means information that identifies an individual directly or indirectly such as, but not limited to, your first name(s), surname(s), telephone number(s), address(es), email address(es), username, and possibly your login (for those who wished to create their own account).
All « personal data » that you may wish to entrust to us, other than those indicated above, are not and will not be kept in any form whatsoever.
How do we handle your « personal data » and to what end?
In general, the company S.A.R.L. MC undertakes to make every effort to ensure your « personal data » are:
- obtained and handled by lawful and honest means,
- collected for specific and legitimate purposes and used for those purposes in an adequate, relevant and not excessive manner (Note: our newsletters are sent every 60 or 75 days on the occasion of the update of our website, at a rate of about 5 per year),
- remain at all times available to you so that you may exercise your rights to access, rectify and/or delete your data,
- held in accordance with the objectives pursued,
- subject to all necessary precautions to ensure their safety from degradation, alteration or destruction without your knowledge and to prevent their disclosure to unauthorized parties..
The collection of your « personal data » is done from the form on our « Contact » page, your emails with explicit request, your requests to receive our newsletters and other « Update Alert Messages », and/or the establishment of personal accounts that you have wished to create.
The purpose of collecting your personal data, after your agreement, is to:
- to provide a tailored response to your needs and requirements,
- to manage your access to certain services available on our website,
- to process yours orders and/or subscriptions,
- to keep you informed about the evolution of our stock,
- to send you our newsletter and to let you know all the new works we offer,
- to keep you informed about significant changes in the way our website functions,
- to calculate our website audience statistics in order to improve the site (Google analytics),
- to prevent fraud or illegal and unethical practices and to respect our contractual, legal and regulatory obligations.
The mandatory data for S.A.R.L. MC to meet the different goals described above are indicated by gray spaces to fill in (example: « Contact us »). If you leave these fields blank, the S.A.R.L. MC will not be able to answer your requests and/or provide you with the requested answer. Some information (example: « your phone number ») is optional; if you give them to us, they will allow us to improve our communication with you.
The personal data controller
The personal data controller for all personal data collected on the site in five languages of the S.A.R.L. MC is mchampetier.com, itself headquartered at 52, avenue Saint Jean - 06400 - Cannes, France, and registered with the Cannes Companies Register (RCS of Cannes) under number 2004B003015 (Siret n° 452 703 986 000 11).
To exercise your individual rights (to access, rectify, delete or restrict(for legitimate reasons) the use of your data, you can modify your customer profile under « My Account » or contact the personal data controller by email at firstname.lastname@example.org or by mail at the above–mentioned address.
The personal data communicated to you under your personal data access rights will be communicated to you personally and confidentially. Therefore, please make sure to include documents that will allow us to formally identify you in any request to exercise your personal data access rights.
Who gets to handle the collected data?
The persons who will have access to your personal data are Mrs. Michelle Champetier, manager of the S.A.R.L. MC, her collaborator(s) (exclusively during their working hours at the gallery), the possible external service providers to whom were entrusted precise and punctual missions for the S.A.R.L. MC (produced exclusively during their gallery hours), such as a computer engineer, a webmaster or a specialist in networks and equipment.
The database of the S.A.R.L. MC is accessible only from computers in the Michelle Champetier Gallery's offices in Cannes. This database is secured by confidential codes, modified periodically, only known to the manager and modified only by him.
Some elements of your personal data may be disclosed to judicial and administrative authorities upon official and legal request, as well as to technical or service providers (examples: shipper, restorator, framer, trusted third party, etc), being understood that the third party provider, contractually bound to the company S.A.R.L. MC, has no right to use the data provided for purposes other than that of the mission for which the data are entrusted to it and/or for the sole purpose of performing the service.
Personal data retention periods
Your personal data will be kept for the period required to manage our business relationship with you.
We also keep your personal data for the period provided for by law, notably civil and commercial law, and/or until the end of a final court decision in the case of litigation.
At the end of these periods, the Company S.A.R.L. MC may contact you to ascertain whether or not you wish to continue receiving our newsletters, news and the sharing of events concerning our gallery.
Beyond this period, the data may be kept for purely historic or statistical purposes and will not be used for any other purpose of any kind whatsoever.
Your personal data will also be destroyed within a maximum period of 30 days from your request to unsubscribe.
The « personal data » - past or future - entrusted to S.A.R.L. MC will not be subject to any external, direct or indirect, disclosure; these « personal data » are considered by the Company S.A.R.L. MC as strictly confidential and non-transferable.
Security of your data
The Company protects your personal information by implementing security measures to protect your personal data from unauthorized access, misuse, disclosure, loss or destruction.
However, it is your responsibility to make sure the computer you are using is secure and adequately protected against malware and viruses. You are informed that without adequate security measures (e.g. secure configuration of your web browser, updated anti-virus programs, firewall software) or by downloading a software from dubious sources, you expose yourself to the risk that the data and passwords you use to protect your data may be disclosed to unauthorized third parties.
However, if you configure your browser to refuse all cookies (including essential cookies for user functions), it is possible that certain essential functions and/or part of our website will become inaccessible or will not work in their entirety.
When you choose to disclose your personal data to the S.A.R.L. MC, you expressly give your consent to the collection and use of your personal data in accordance with this Charter and existing legislation.
The S.A.R.L. MC reserve the right, at our sole discretion, to modify this Charter at any time in part or in whole. Any modifications will be effective as of the publication of the new Charter on the Site (date of the last update at the beginning of the text). Michelle Champetier, manager of the S.A.R.L. MC, invite you to check this page regularly to ensure you agree with any changes. We may also inform you of changes to this Charter by email.