The seller

The website gallerymurciano.com, operated under the trade names Murciano Workshop and Gallery Murciano, is published by:

SAS YANSURAH PRODUCTION, a simplified joint-stock company (société par actions simplifiée) with a share capital of 200 euros, registered with the Trade and Companies Register (RCS) of Montpellier under number 105 774 418, SIRET 105 774 418 00013, intra-community VAT number FR85105774418.

Registered office and workshop: 30 route de Montpellier, 34430 Saint-Jean-de-Védas, France.
Telephone: 06 64 81 78 54 — Email: contact@ateliermurciano.com

The works are produced in the Saint-Jean-de-Védas workshop and printed in Europe. Each work is supplied with a certificate of authenticity.

Any order placed on the website implies unreserved acceptance of these terms and conditions of sale.

Rule 1. Application of the general terms and conditions of sale

These terms and conditions of sale apply to all orders placed on the gallerymurciano.com website. We reserve the right to adapt or modify these terms and conditions of sale at any time. In the event of a modification, the terms and conditions of sale in force on the day of the order will apply to each order.
Our product and pricing offers are valid as long as they are visible on the website, subject to available stock. We reserve the right to change our prices at any time, but undertake to apply the rates in force that were indicated to you at the time of your order.

Rule 2. Order

Upon receipt of your order, we check the availability of the ordered product(s).
In the event of unavailability, we undertake within 30 days of order confirmation either to inform you of the delivery lead time so that you may decide whether to maintain your order as it is, or to offer you a similar product at a similar price, or to refund you by cheque. The order confirmation date corresponds to the date of the order in the event of online payment by bank card. In the event of payment by bank cheque or bank transfer, the order confirmation date corresponds to the date of clearance.

Rule 3. Acceptance of these terms and conditions

Any order implies full and unreserved acceptance of these general terms and conditions of sale.

Rule 4. Payment

Our goods are payable in full without discount upon ordering via our online secure credit card payment service, by bank cheque or by bank transfer.

You can make the payment:
– by credit card: Payment is made via the secure banking server of our partner Stripe. This means that no banking information concerning you is transmitted via the gallerymurciano.com website.
Payment by bank card is therefore completely secure; your order will thus be registered and confirmed as soon as the payment is accepted by the bank.

– via PayPal: Payment is made via the secure banking server of our partner PayPal. This means that no banking information concerning you is transmitted via the gallerymurciano.com website.

Rule 5: Securing

Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in clear text over the network. Payment is made directly to the bank.
gallerymurciano.com has no access to these contact details whatsoever and does not store them on its servers. This is why they are requested again with every new transaction on our site.
gallerymurciano.com reserves the right to ask you for a copy of your identity document and proof of address.

Rule 6. Order cancellation and delivery refusal

gallerymurciano.com reserves the right to refuse to carry out a delivery or to honour an order in the event of a technical problem related to the operation of the site, particularly an IT problem. In this case, gallerymurciano.com will cancel the order and issue a full refund of any funds already paid. A confirmation email will be sent to inform you of this.
gallerymurciano.com reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid fully or partially for a previous order or with whom a payment dispute is ongoing. In this case, gallerymurciano.com will cancel the order and proceed with the full refund of the funds already paid. A confirmation email will be sent to you to inform you.

Rule 7. Retention of title clause and transfer of risk

The products remain the property of gallerymurciano.com until full payment for the order has been received by gallerymurciano.com. However, from the time of the order by the customer, the risks associated with the delivered goods are transferred to the customer.

Rule 8. Anti-fraud checks

gallerymurciano.com may carry out checks on orders validated on its site. These checks are aimed at protecting gallerymurciano.com from fraudulent practices carried out by fraudsters.
In particular, for example in the case of an order with a delivery address that differs from the billing address, our department may need to contact both persons mentioned, namely the person associated with the billing address and the person indicated for the delivery address. As part of these procedures, our department may ask you for any documents necessary to release your order: proof of address and debit in your name, as well as proof of address in the name of the person indicated for the delivery address, etc. These requests are made by email, followed by a recorded delivery letter with acknowledgement of receipt.

Rule 9. Dispatches

Our goods travel at the buyer's own risk. A fixed delivery charge per order for mainland France will be added to your order total and is payable with it via our online secure payment services.
Indeed, delivery charges for certain items of significant weight or size, requiring a specific delivery method, may in some cases be surcharged. These rates will always be shown on your “basket” page when you select the relevant item (by clicking the “checkout” button) before you make any payment.
The products are delivered to the delivery address you provided during the ordering process.
We remind you that delivery does not include bringing the parcel inside the customer's home. Your parcel will be delivered to your doorstep if you live in a house, or to the ground floor of the building if you live in an apartment. Consequently, you must make arrangements to carry your parcel upstairs.
All stated timeframes are calculated in working days.
Product availability may vary between 1 and 30 days depending on the type of product ordered.
The times stated correspond to the processing and preparation times for your order. They run from the time the order is confirmed.
These lead times are average lead times. No delay may justify the cancellation of the order nor give rise to any compensation or penalty.
To these times must be added the carrier's delivery time.

Delivery times, generally from 48 hours to 7 days, are given as an estimate and are respected wherever possible. All our items are sent via private carrier or the post office. No delay may justify the cancellation of the order nor give rise to any compensation or penalty.
If products need to be returned to us, a return request must be made with our Customer Services:
– within 14 days of delivery for a cancellation
– within 14 days in the event of a defect, following notification by the customer via registered letter with acknowledgement of receipt, and verification of the latent defect
– within 14 days, if you have not received the correct item code
Any claim made outside of this period cannot be accepted. For a withdrawal, or if you have not received the correct reference, the return of the product will only be accepted for products in their original condition (packaging, accessories, instructions).
For all parcel shipments, regardless of type, outside mainland France, we systematically specify in your basket, once the order's destination has been identified, the shipping costs after calculation based on their destination.

For technical and legal reasons, gallerymurciano.com will limit its shipments to a selection of destinations.

Rule 10. Samples

As part of promotional operations on behalf of our partners, you may occasionally receive free promotional samples and promotional messages in your parcels.
Only one sample per person and per order is given out. It may happen that, in certain cases, these free samples are not included even though they are listed on your picking slip. Processing is done manually and can occasionally lead to a few errors. No complaints regarding this will be considered by our Customer Services department.

Rule 11. Returns

1) Returns with the reason “Does not live at the address provided”

General information
These are the parcels returned by the delivery provider marked as: Gone away.
Processing a return under the reason “Does not live at the address provided”.
Upon receipt and acceptance of your parcel by our departments, depending on the nature of the product, available stock and your preference, we shall offer to resend you the originally ordered product at your expense or an exchange product with equivalent characteristics.

2) Returns under the “unclaimed” reason”

General information
These are the parcels that were not claimed by customers at the post office within the allotted time.
Processing of a return under the reason “unclaimed”.
Upon receipt and acceptance of your parcel by our departments, depending on the nature of the product, available stock and your preference, we shall offer to resend you the originally ordered product at your expense or an exchange product with equivalent characteristics.

3) Returns under the reason “refused” or under the reason “theft”

General information
These are the parcels that were not delivered to the customer due to theft or damage: opened parcels, signs of impact, empty parcels, etc.
If at the time of delivery the original packaging is damaged, torn or open, you must then check the condition of the items. If they have been damaged, you must refuse the parcel and write a reservation on the delivery note (for example: parcel refused because it was open or damaged).

You refused your parcel at the time of delivery
Following receipt and acceptance of your parcel by our departments, and upon written request from you, we will offer you a refund for your order by bank cheque.

You refused the parcel as it showed obvious signs of having been opened and/or of impact.
You must contact our department without fail to inform us.
You must ask the delivery service provider for a declaration of theft and damage at the time of refusal.
Following receipt and acceptance of your parcel by our departments, depending on the nature of the product, available stock and your preference, we will offer to reship the originally ordered product or an exchange product with equivalent specifications.

4) Returns for cancellation

Returns policy

No right of cancellation applies to the delivery of goods that are not prefabricated and for the production of which a personal selection or choice by the customer was required.

In accordance with Article L.121-20 and following of the Consumer Code, you have a period of 14 working days from the delivery date of your order to return any item that does not suit you, in its original packaging and in good condition, suitable for resale, and to request an exchange or refund without penalty, with the exception of return shipping costs.
Return costs in the event of cancellation remain the responsibility of the customer.

PLEASE NOTE: No cancellation will be accepted if the returned product is unfit for resale. Therefore:
– The product must be returned in perfect condition, in its original packaging, unopened, unsealed, undamaged, unmarked.
– The product must be accompanied by all its accessories (manuals, guarantees, etc.).

gallerymurciano.com fully reserves the right to issue a refund by cheque for returned goods or to issue a credit note to the value of the returned goods. This credit note will be valid for 6 months from the date of its issue.

Otherwise, the product will be returned to you at your own expense.

To process your request correctly, please provide your order number and full contact details.

Rule 12. Complaint

No regularly placed order may be cancelled. Any well-founded complaint will be accepted, but must be made to us in writing by registered letter with acknowledgement of receipt within a maximum period of three days following receipt of the goods.

All product returns shall be at the buyer's expense and must be approved in advance by our departments, with the corresponding invoice attached to the shipment, failing which they will be refused.

Rule 13. Manufacturer's warranty

Most of our products come with a manufacturer's warranty.
To be able to benefit from the product warranty, it is essential to keep the proof of purchase of the product. For any further information, please contact us.

Money-back guarantee
SPECIAL FEATURE FOR CUSTOM FRAMES AND BESPOKE ART

Bespoke frames and bespoke art are defined as personalised items and are created especially for you.
This means we cannot accept return requests and refund requests.
Any claim regarding a product defect must be justified with photos sent to contact@ateliermurciano.com within 24 hours of receipt.
In this case only, a new frame with the same characteristics will be sent to you.
For other products:

If you are not entirely satisfied with the product, you can return it to us within a time limit of 15 days from the date of receipt of the goods, provided that you have not damaged the painting and that it is returned in its original packaging (or similar). Return shipping costs are to be borne by the buyer.

This product will be accompanied by a document requested from the customer service department by email at contact@ateliermurciano.com, which will provide you with the return address.

A refund for the value of the returned item will be issued within 15 calendar days of the date on which Galerie Murciano receives the goods. Returns are made at the consumer’s own expense and risk.
Any discounts granted when placing the order will be deducted from the amount to be refunded on products featuring a promotional code.
We encourage you to return the items using a method that allows the package to be tracked.
We do not accept parcels returned to our returns centre by cash on delivery.

If, despite all our control efforts, the product has a defect (excluding breakage due to transport or mishandling by the buyer), a photograph of the defect will be requested by customer services, and this photograph will be compulsory to prove the defect in the product.
Depending on the case, a replacement of the defective product may be considered.

Customer service
UPON DELIVERY YOU NOTICE THAT THE PACKAGING IS DAMAGED OR TORN

Under Article 105 of the Commercial Code, goods travel at the recipient's own risk.
Please therefore ensure that you make reservations with the carrier upon delivery if you notice any defect in order to proceed with the return or exchange of the goods by noting as an observation upon handing over the parcel «Damaged parcel», or «Goods broken during transport» etc.
You must inform us by contacting the customer service department by email at contact@ateliermurciano.com, stating your name and order number as well as the reason for the return.

A replacement product will be sent to you at our expense once the parcel has been returned.

In the absence of precise reservations on the delivery note, the goods shall be deemed to have been delivered in conformity.

Rule 14. Customs duties

Any order placed on the gallerymurciano.com website and delivered outside of France may be subject to potential taxes and customs duties which are imposed when the parcel reaches its destination. These potential customs duties and taxes related to the delivery of an item are at your expense and fall under your responsibility. We are not obliged to check or inform you of applicable customs duties and taxes.

Rule 15. Applicable law – Jurisdiction

French law shall apply exclusively to any contract concluded with gallerymurciano.com or any order accepted by gallerymurciano.com. Any disputes or claims shall be brought exclusively before the Courts of Montpellier (34), which shall have sole jurisdiction, including in the event of incidental claims, third-party proceedings, and multiple defendants.

Rule 16. Penalty clause

Should gallerymurciano.com be compelled to engage the services of a debt collection agency or to take legal action, in particular to secure payment of outstanding invoices, shall result in a surcharge of 10 % being applied to the outstanding amounts, as a penalty clause and without prejudice to any interest on arrears.