General Terms and Conditions of Sale
Between the company Éclats, 145 route des Vignes 47130, SIRET 930 471 131 00019, represented by Maxime and Mélusine Bonzi, in their capacity as directors, duly authorized for the purposes hereof.
The company can be reached by email; hello@murmureur.fr
Hereinafter the company Éclats "The Provider"
On one hand,
And the individual or legal entity purchasing services from the company,
Hereinafter, "The Client" on the other hand,
It has been stated and agreed as follows:
Preamble
The customer acknowledges having read the terms and conditions stated on the website at the time of placing the order. www.murmureur.frAny order placement constitutes acceptance of these general conditions without any reservation.
1. Target audience
The company Éclats, through the brand Murmureur, offers for sale a selection of photographs, created by them, with framing options and various formats, aimed at all adult art enthusiasts.
2. Subject
The products sold on the site are photographs and Murmureur frames. The photographs are offered in one or more formats and supports.
The prices are indicated including all taxes, excluding shipping costs. Only payments in euros are accepted. In the case of delivery to a country other than mainland France, you are the importer of the concerned works. For all works shipped outside the European Union and overseas territories, customs duties or other local taxes or import duties or state taxes may be applicable.
These rights and amounts are not the responsibility of Murmureur. They will be your responsibility and fall under your full responsibility in terms of declarations and payments to the relevant authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
Murmureur reserves the right to change its prices at any time. The works will be billed based on the rates in effect at the time of order placement, subject to availability. The works remain the property of Murmureur until full payment of the indicated price is received.
2) Place an order
To place an order, you must at least go through the following steps:
• Viewing the page displaying a photograph. On this screen, you can choose the format and medium from those offered for this photograph. You must click on "Add to cart" or "Buy now" to add this item to your cart.
• Cart Screen: you have the option to remove an item or modify the ordered quantities.
• Identification or account creation screens.
• Delivery method selection screen.
• Summary screen and payment selection. This screen allows you to choose your payment method and verify the various elements that make up your order (items, quantity, delivery method, total price). You must ensure that all these elements are in accordance with your request.
• You must then accept these general terms and conditions of sale and use of the site to proceed to the payment step. The terms are available for reading and printing from the link titled "general terms and conditions of sale." Acceptance is done by checking the box next to the link to these terms. The general terms and conditions of sale and use of the Site must be accepted with each order.
• You pay for your order using the chosen payment method
• The contract is concluded upon the bank's confirmation of the payment.
• The site sends you a confirmation of your order by email within minutes.
3) Payment methods
Several payment methods are offered to you to settle your order on the Site:
• Blue card, virtual blue card, Visa, Mastercard.
• Paypal
• Bank transfer (orders from the European Union only)
4) Payment Security
For credit card payments, the transaction is processed by Stripe or Paypal. The User's banking data is encrypted (SSL technology, Secure Socket Layer). It does not travel in clear text over the internet and cannot be intercepted. Your banking data (card number, expiration date, etc.) is not shared with Éclat D'intérieur.
5) Proof
The data recorded by the site serves as proof of all transactions that have taken place between the site and its customers. The data recorded by the Stripe payment system serves as proof of financial transactions.
6) Delivery
Order Processing
There is no stock at Murmureur. Each order is processed individually, as soon as the order is placed, by the printing provider geographically closest to the customer through the company Gelato.
Delivery address
Whisperer book worldwide.
The delivery will be made to the shipping address you validated at the time of the order as the "shipping address," which may be different from the "billing address."
Changing the delivery address after placing the order is often not possible for logistical reasons. However, you can contact us if you wish to change the delivery address, and we will explore the possibilities based on your order.
Delivery methods and timelines
The available delivery methods depend on the quantity, the size of the ordered item(s), and the delivery country. If your order includes items of different sizes, the size of the largest item will be taken into account. Murmureur reserves the right to choose the carrier.
The delivery date depends on the status of the order processing, the shipping date of the order, and the delivery time associated with the shipping method.
The estimated delivery times are two (2) to six (6) business days (excluding Saturdays, Sundays, and holidays) from the sending of the Delivery Email.
The delivery time may be slightly longer when products need to be delivered to hard-to-access areas. We will make our best efforts to deliver the ordered products within the timeframe indicated in the Delivery Email. For deliveries to a pickup point, an email or SMS will be sent to you as soon as your package arrives at the pickup point of your choice. Starting from the day of delivery, you will be able to collect the package upon presentation of an ID.
Even though we do our best to deliver your products within the timeframes outlined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.
For orders with gallery delivery, the customer has a period of 4 months after being notified of the availability of their order to proceed with pickup. Otherwise, the order will be canceled, and any amounts previously paid will be retained by the supplier as compensation. After this period, the customer will not be entitled to a refund or a return of the merchandise.
Shipping costs
In the spirit of democratizing art photography, Murmureur wished to contribute to the shipping costs of the artworks. The shipping fees, which remain the responsibility of the customer, vary depending on the country, the delivery method, as well as the number and format of the ordered artworks.
By creating your account, you accept the Terms of Use of the Murmureur account, and you become a Murmureur Client.
Taxes and customs fees outside the European Union
Items shipped outside the European Union may be subject to taxes, customs duties, and other fees in the destination country, hereinafter referred to as "Import Fees." The recipient of the order agrees, by placing the order, to be designated as the official importer in the country of receipt of the order and is responsible for the import fees. For each of the imported items, you authorize Éclat D'intérieur to designate a carrier to act as an intermediary with the competent authorities for the management and settlement of the import fees in the destination country. You also agree, by placing the order, that the carrier may share with Murmureur the amount of these import fees. In the case of an order placed as a gift or as an intermediary for another person, you agree to grant the above authorizations on behalf of the designated recipient in your order. To obtain details on the actual import fees, or to obtain documents or receipts related to customs clearance, you may contact the designated carrier indicated in the confirmation of your shipment.
Delivery Receipt
Upon receiving your order, it is your responsibility to open the package to check the condition of the photographs or frames. If you do not personally receive the package, ask the person in charge of receiving the package to perform this check. In case of any issues, please return your package to the delivery person (La Poste or private carrier) stating the problem encountered and contact our customer service on the same day.
Do not sign the delivery receipt if the order has arrived damaged. No claims will be accepted if the delivery receipt is signed.
In the case of a delivery by a private carrier, the carrier is not required to deliver inside your home and may hand the package to you at the entrance of your building or house.
We therefore advise you to arrange for help to carry the package into your home.
The receipt of transported items extinguishes any action against the carrier for damage or partial loss if, within three days, excluding public holidays, following the date of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of their reasoned protest. (art L 133.3 of the Commercial Code).
The customer has a period of 4 months after being notified of the availability of their order to proceed with its pickup. Otherwise, the order will be canceled and any amounts previously paid will be retained by the supplier as compensation. After this period, the customer will not be entitled to a refund or a return of the merchandise.
7) Right of withdrawal
In accordance with Article L221-18 of the Consumer Code, you have the right of withdrawal to return any work that does not suit you. The return shipping costs will be the sole responsibility of the Customer. This right does not apply to gift card orders, orders placed by businesses, or custom orders made specifically for the customer.
For the larger formats, each photograph is specially made for each Client by the Gelato lab after confirmation of their order. In the case of orders for products that are specifically manufactured, the Client will not be able to request the cancellation of their order in accordance with Article L 221–28 of the Consumer Code, which excludes the possibility for the Client to exercise their right of withdrawal.
For orders of non-customized photographs, you can use the withdrawal form template, but it is not mandatory.
Withdrawal Form Template
To the attention of Murmureur, Tel: +33 05 54 53 02 67, E-Mail: hello@murmureur.fr
I/We (1) hereby notify you of my/our (1) withdrawal from the contract concerning the sale of the property (1)/for the provision of the service (1) below
Ordered on (1)/received on (1)
Consumer(s) Name
Address of the consumer(s)
Date
(1) Remove the unnecessary mention.
For any order on the site, you have a period of 15 calendar days to notify us of your return request regarding non-customized photographs.
To do this, please contact our customer service, who will provide you with the return address, and you will then have a period of 14 days to return your order to us.
• If your order was delivered by a carrier, you can return your order by mail or by carrier (return shipping costs at your expense) or bring it to certain locations of our Galleries.
No cash on delivery shipments will be accepted, regardless of the reason.
Items returned without their original packaging or incomplete, damaged, or soiled by the customer will not be accepted. Return shipping costs are your responsibility.
Murmureur will refund you the price of the returned items as well as the initial shipping costs (return shipping costs remain your responsibility) within 14 days of receiving the items or upon receiving proof of shipment of the items. This refund will be made by credit to the bank account used for payment, by bank transfer, or gift voucher, depending on the payment method used when placing the order.
8) Right of return
If the works received do not conform to the order, you have the right to return them. In this case, please contact our customer service, who will provide you with the address and return procedures. To print the return label, contact us at hello@murmureur.fr
Murmureur will exchange the damaged item.
In the case of exercising the right of return and only in this case, the return and reshipping costs are the responsibility of Murmureur.
9) Customer service and complaints
For any information or questions, you can contact our customer service by email at this address:
hello@murmureur.fr
We will be very happy to provide you with all the information you want about our works and your order.
3. Force majeure
In accordance with Article 1148 of the Civil Code, Murmureur shall not be liable or considered to have committed a fault in the handling of your file if any delay or non-performance results from a case of force majeure.
4. Privacy Rules
In accordance with Article 27 of the "Data Protection Act" of January 6, 1978, the information fields you fill out on the site are necessary for the registration and processing of your requests. We will not share them with third parties.
5. Processing of Personal Data
In accordance with Article 40 of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the client has the right to access, modify, and delete data concerning them. To exercise these rights, the client will contact the service provider directly by mail or email.
6. Competent jurisdiction
Any dispute relating to the interpretation and execution of these general conditions is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Court of First Instance of Agen.