TERMS AND CONDITIONS
Preamble
Studio Miracolo, a simplified joint stock company with a capital of 10,000 euros, whose registered office is located at 10 rue Clauzel, 75009 Paris, registered with the Paris Trade and Companies Register under number 88325849300013 (hereinafter "STUDIO MIRACOLO"), sets up, on www.studiomiracolo. com (hereafter the "Site"), an online market platform allowing buyers (hereafter the "Buyers"), after registration on the Site, to enter, through it, in relation with professional artists also registered on the Site (hereafter the "Sellers"), in order to buy works of art (hereafter the "Works") offered at a certain price (hereafter the "Intermediation Service").
In order to use the Intermediation Service, the Buyer must agree to abide by these General Terms and Conditions of Use (hereinafter the "TOS") without restriction or reservation. This acceptance is materialized by the fact of checking and validating the validation message when registering on the Site.
Sales made through the Intermediation Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale of the Intermediation Service (hereinafter the "GTC"). The GTCS complement the TOS and must also be accepted by the Buyer at the time of each purchase.
The TOS were updated on March 30, 2015. STUDIO MIRACOLO reserves the right to modify the TOS at any time. Any modification will take effect immediately for the Works online as soon as they are put online on the Site. The TOS applicable to the Intermediation Services are those in force on the day of their use. The Purchaser shall be kept informed of the new GCU by sending an e-mail from STUDIO MIRACOLO to the following e-mail address
indicated by the Buyer when registering for the Intermediation Service. Therefore, it is necessary that the Buyer rereads them before each sale made through the Intermediation Service.
1- Purpose
The purpose of the TOS is to define the conditions under which STUDIO MIRACOLO makes available to the Buyers, within the framework of the Intermediation Service, a platform on the Internet in order to be able to purchase Works from the Sellers.
2- Description of the Intermediation Service
The Intermediation Service consists of a set of tools enabling Buyers to register on the Site, to contact Sellers in order to place orders for Works, to pay the price of the Works and to confirm receipt of the Works. During the sale of the Works, STUDIO MIRACOLO acts only as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. Consequently, the conditions of return, exchange or refund of the Works will be determined between the Seller and the Buyer and are not binding on STUDIO MIRACOLO.
In order to improve the Intermediation Service, STUDIO MIRACOLO makes available to
the Buyer a contact form in order to collect his comments and suggestions.
In case of non-compliance with the TOS, STUDIO MIRACOLO reserves the right to temporarily or permanently interrupt access to the Mediation Service of the Buyer concerned.
In this case, STUDIO MIRACOLO will send an email to the concerned Buyer at the email address associated with his customer account informing him of the temporary or definitive deactivation of his login and password as well as the temporary or definitive closure of his customer account.
In general, the Buyer is informed of the fact that he will be able to close his customer account on
simple request sent using the contact form.
3- Access to the Intermediation Service
In addition to acceptance of the TOS, access to the Intermediation Service is subject to the opening of a customer account on the Site. To this end, the Buyer must provide his or her identification data (name, address, telephone number, e-mail address and any other required information). The data provided by the Buyer are provided under his entire responsibility, control and direction. The Buyer undertakes to provide complete, accurate and up-to-date information and not to impersonate any third party. The Buyer will inform STUDIO MIRACOLO without delay of any change affecting his/her identification data, using the contact form.
In order to use the Intermediation Service, the Buyer must use the login and password created when opening his/her account. The Buyer undertakes to keep them secret and not to disclose them to any third party. In fact, the Buyer is solely responsible for access to the Mediation Service using his/her login and password, unless there is proof of fraudulent use for which he/she is not responsible. In case of suspicion of the use of the identifier and password by a third party, the Buyer must immediately alert STUDIO MIRACOLO by using the contact form.
4- Price of the Intermediation Service
The opening of a customer account and the use of the Intermediation Service are free of charge (excluding possible connection costs, the price of which depends on the Buyer's electronic communication operator), with no obligation to purchase on the Site. Only the purchase of Works from Sellers is subject to payment, under the conditions set out in the GTC.
5- Personal data
The information and data concerning the Buyer are processed by STUDIO MIRACOLO. Unless otherwise specified, they are essential for the management of the Buyer's account and access to the Intermediation Service. The information necessary for delivery will be transferred to the Seller for this sole purpose. This information and data is also kept for security purposes, in order to comply with the legal and regulatory obligations incumbent upon STUDIO MIRACOLO, if any, and to enable it to improve and personalize the services offered and the information addressed to the Buyer.
In accordance with the French law n° 78-17 "informatique et libertés" of January 6, 1978, the Buyer has a right of access to the data, as well as a right to modify and delete them, under the conditions provided for by law. To exercise these rights, the Purchaser simply needs to write online to STUDIO MIRACOLO via the contact form or by mail to STUDIO MIRACOLO SAS, 26 rue Martignac 75007 Paris, indicating his/her surname, first name, e-mail and address. In accordance with the regulations in force, the Buyer's request must be signed and accompanied by a photocopy of an identity document bearing his signature and specify the address to which STUDIO MIRACOLO must send his reply. An answer will then be sent to the Buyer within a maximum period of 2 months following receipt of the request.
The Buyer will be likely to receive offers from STUDIO MIRACOLO and/or its partners (for example, newsletters, partner offers...), depending on the choices made during the creation or consultation of his customer account. If the Buyer no longer wishes to do so, he may at any time make a request to STUDIO MIRACOLO using the contact form.
During the consultation of the Site, information relating to the Buyer's navigation may be recorded in "Cookies" files installed on his device (computer, tablet, smartphone...).
These Cookies are issued by STUDIO MIRACOLO in order to facilitate navigation on the Site and allow the recognition of the Buyer's browser when he is connected to the Site.
These Cookies are notably issued in order to :
- to establish statistics of frequentation (number of visits, pages viewed...),
- to adapt the presentation of the Site to the display preferences of the terminals,
- to store information entered in forms, manage and secure access to
reserved and personal spaces such as the customer account.
STUDIO MIRACOLO reserves the right to install Cookies in the Buyer's computer or other terminal during visits to the Site.
A Cookie does not allow the identification of the Buyer but is intended to indicate any previous visit of the Buyer on the Site in order to help STUDIO MIRACOLO to personalize its Intermediation Service.
The Buyer can make settings so that Cookies are deactivated and thus prevent Cookies from being installed on his/her computer without his/her express consent. The Buyer may express and modify at any time his wishes regarding Cookies.
6- Intellectual property
All 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 organisation and the titles of its sections, its visual and graphic identity, its design, its ergonomics, its functionalities) are strictly reserved under intellectual property law, for the entire duration of the protection of these rights and for the entire 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 purpose 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 with the prior written authorization of STUDIO MIRACOLO or its partners, constitutes an infringement and is punishable under intellectual property law.
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 MIRACOLO. The Buyers undertake to make their best efforts to report to STUDIO MIRACOLO any violation of intellectual property rights that they may notice.
7- Liability and guarantees
Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular those relating to technical performance; response times for consulting, querying or transferring information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach on its part, STUDIO MIRACOLO cannot be held liable for any damage that may be suffered by a Buyer, including but not limited to the following list:
- operating or information losses, resulting from possible malfunctions, breakdowns, delays or interruptions of access to the Internet network;
- the transmission and/or reception of any data and/or information on the Internet;
- the consequences of any virus, computer bug, anomaly, technical failure;
- the failure of any receiving equipment or communication lines; - the failure of any computer equipment or communication lines.
- the loss of any e-mail and, more generally, the loss of any data
- any damage caused to the terminal (computer, tablet, smartphone...) of an Internet user who connects to the Site;
- any technical, hardware and software failure of any kind that prevented or limited the possibility of using the Site or that damaged the system of a user who connects to the Site;
- any obvious failure or error (in particular technical, hardware, software, price display, translation, etc.) of any kind that has prevented or limited the possibility of using the Site or that has misled an Internet user who connects to the Site; and
- Indirect damage or damage that was unforeseeable at the time the damage occurred.
It is the responsibility of every Internet user to take all appropriate measures in order to : (i) protect his or her own data and/or software stored on the computer equipment he or she connects to the Site, against any damage; (ii) be able to assess whether he or she is in the presence of a manifest error as to the information displayed on the Site (by sending a message via the contact form) so that any useful verification can be carried out, in order to correct, if necessary, the erroneous information.
STUDIO MIRACOLO's liability towards the Buyer can only be engaged for facts that would be exclusively attributable to it and that would cause it a prejudice directly related to these facts. STUDIO MIRACOLO cannot be held liable for indirect and unforeseeable damage at the date of occurrence of the damage. STUDIO MIRACOLO cannot be held liable for the misuse of the Mediation Service by the Buyer or for any fault (whether contractual or tortious) on its part. Nor can it be held liable for facts attributable to a third party to the Mediation Service.
By accepting the GCU, the Buyer declares that he is fully aware of the characteristics and constraints of the Internet, that he is solely responsible for the information he provides in the context of his customer account on the Site and his relations with other users of the Intermediation Service and that he is solely responsible for the use he makes of the Intermediation Service.
In addition, in accordance with article 6-I, 2 and 3 of the law n° 2004-575 of June 21, 2004 for confidence in the digital economy, STUDIO MIRACOLO shall not be held liable for the content made available on the Site by Buyers or Sellers, in particular with regard to the description of the Works, unless it does not promptly make them inaccessible after having been informed of their illegality under the conditions provided for by this law.
Finally, STUDIO MIRACOLO declines all responsibility with regard to the sales concluded by the Buyers through its Intermediation Service with the Sellers, for which it remains outside its control. Any complaint relating to the comments appearing on the description of the Works or to the deliveries of the Works will be redirected to the designated Seller, who will assume full and sole responsibility in this respect.
The Buyer undertakes, on first demand, including in case of a non final court decision, to indemnify and compensate STUDIO MIRACOLO for any damage, loss, loss of profit, claim, liability and expenses including the fees and consulting fees that STUDIO MIRACOLO
MIRACOLO should be brought to bear if its responsibility was engaged by a third party, because of a claim or an action related to this use of the Mediation Service by the Buyer.
The Buyers are informed that STUDIO MIRACOLO may communicate all information relating to them, including nominative information, to the competent services in charge of the repression of fraud and offences.
8- Partial nullity
If one or more stipulations of the TOS are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.
9- Duration and validity
The Buyer is subject to the GCU as soon as they are accepted on the Site and until the deletion of his
account, whether or not he or she uses the Site's Intermediation Services.
10- Applicable law and jurisdiction
The TOS are subject to French law. In the event of a dispute relating to their interpretation and/or execution, the Buyer and STUDIO MIRACOLO will make their best efforts to find an amicable solution. In the absence of an amicable agreement within 30 days from the notification of the dispute to the other party, the French courts shall have jurisdiction.
General conditions of sale Preamble
The present General Terms and Conditions of Sale (hereafter the "GTC") apply in addition, as far as the Buyers are concerned, to the GTC (in which are defined the capitalized terms used in the GTC) and, as far as the Sellers are concerned, to the confidential contract binding them to STUDIO MIRACOLO.
The GTC 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, with the exception of those established between the Buyers and STUDIO MIRACOLO or between the Sellers and STUDIO MIRACOLO. The relations between the Buyers and STUDIO MIRACOLO are governed by the GTC. The relationship between the Sellers and STUDIO MIRACOLO shall be governed by a confidential contract between them.
During the sale of Works, STUDIO MIRACOLO acts only as an intermediary between the Seller and the Buyer, so that the sale of Works is concluded directly between the Buyer and the Seller. Consequently, the conditions of return, exchange or refund of the Works will be determined between the Seller and the Buyer and are not binding on STUDIO MIRACOLO.
The Terms and Conditions of Sale were updated on December 30, 2019. STUDIO MIRACOLO reserves the right to modify the GTC at any time. Any modification will take effect immediately for the online Works as soon as they are put online on the Site. The GTC applicable to the Mediation Services are those in force on the day of their use. The Buyer and the Seller will be kept informed of the new GTC by sending an e-mail from STUDIO MIRACOLO to the e-mail address indicated by them when they registered for the Intermediation Service. Therefore, it is necessary that the Buyer and the Seller read these new GTC before each sale made through the Intermediation Service.
If the Work is unavailable, the Buyer will not be debited and his payment will be cancelled. In case of availability validated by the Seller, the Buyer will be debited with a delay of 5 days from the moment he validated his order.
When the payment of the purchases made through the Intermediation Service is made by transfer to the account of STUDIO MIRACOLO, the transfer must be made within 5 working days from the date of validation of availability of the Work by the Seller.
3- Payment security
The transactions carried out on the Site are entrusted to a secure online payment platform so that no one can use another person's bank details without their knowledge. STUDIO MIRACOLO has chosen to entrust its secure online payment platform to Paybox.
STUDIO MIRACOLO has no access to confidential information relating to the means of payment used by the Buyer during the payment process.
Although STUDIO MIRACOLO uses encrypted security software, the security of the information and payments transmitted over the Internet or via e-mail cannot be guaranteed. STUDIO MIRACOLO cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
4- Auction sales
The Site offers its users the possibility to participate in auctions proposed by STUDIO MIRACOLO between Sellers and users (the "Auctions"). As such, STUDIO MIRACOLO does not transfer ownership of the Seller's items to the Buyer. The sale/purchase agreements are concluded directly between the Buyer and the Seller. Consequently, STUDIO MIRACOLO has no control over the quality, safety or legality of the items offered for sale, the truthfulness or accuracy of the Sellers' content or advertisements, the Sellers' ability to sell said items or the buyers' ability to pay for said items. Any indication on prices and delivery, or any other advice offered by STUDIO MIRACOLO on its Site, services, applications or tools, are provided for information purposes only. Furthermore, STUDIO MIRACOLO cannot guarantee that the Seller or the Buyer will conclude or execute the transaction. The Seller is free to achoose the bidder with whom it wishes to conclude the sale. However, as soon as the Seller notifies the bidder that he accepts his bid, the provisions of French law apply to the sale.
STUDIO MIRACOLO is not a public auction company.
In order to participate in the Auction, the user must use his customer account or, if applicable, create a customer account on the Site under the conditions set forth in Article 3 of the GCU "Access to the Intermediation Service".
STUDIO MIRACOLO shall ensure that the Auction Sales are put online and that they take place on its Site. STUDIO MIRACOLO reserves the right, until the final sale of an item put up for Auction, to modify or withdraw this item from the Auction.
If the buyer is interested in an object put up for Auction, he may request via STUDIO MIRACOLO to be able to see the Work within the time limit of the related sale and according to the availability of the parties.
The duration of an Auction Sale is mentioned on the Website next to each item. The minimum amount of the potential buyer's bid for the item depends on the amount of the highest bid at the time of the Bid. The highest bid is mentioned on the Site next to each item.
Each offer is deemed to emanate from the user account issuing it, the person behind the user account concerned is committed to the Seller for the payment of the item.
Payment is made by credit card or by bank transfer to STUDIO MIRACOLO, who will collect the corresponding amount in the name and on behalf of the Seller of the item. The payment details are mentioned in a confirmation e-mail that the buyer will receive from STUDIO MIRACOLO.
The buyer of the object must pay the amount due to STUDIO MIRACOLO within the term mentioned on the invoice. If the purchaser of the object does not pay the amount due within the mentioned payment term, the purchaser is automatically in default towards STUDIO MIRACOLO without any notice of default being required. From the moment of default, the purchaser is liable to pay an interest equal to the legal interest. All costs incurred by STUDIO MIRACOLO due to late payment shall be charged to the purchaser of the object.
5- Method and costs of shipping or collection at the Seller's premises
5.1 Shipment by the Seller to the Buyer's domicile
The Purchaser has the possibility of having the Work delivered to his/her home by notifying him/her at the time of placing his/her order. The Work will be delivered to the address provided by the Purchaser at the time of ordering. In this case, the Seller, provided that he has confirmed the availability of the Work and that STUDIO MIRACOLO has notified him of the receipt of payment, shall be responsible for packaging the Work and making it available to a carrier. The shipping costs will be accepted by the Buyer at the time of validation of his shopping cart.
Depending on the Buyer's delivery address, different tax rules and other charges may apply. If the Purchaser has Works shipped outside his territory, he may be required to pay customs import duties upon receipt of his Works. STUDIO MIRACOLO cannot control these fees and cannot predict their amount. The Purchaser shall be responsible for the payment of these taxes and customs duties not included.
The Purchaser must inquire about this before placing his/her order.
The Seller undertakes to make the Work ordered available to the carrier within the period indicated on the Work's sheet from the date of confirmation of availability of the Work ordered (or from the date of receipt of the transfer if the Purchaser has selected this method of payment); the Seller in fact makes a firm commitment to make the Work available to a carrier within the period indicated on the Work's sheet. The Works are delivered to the address indicated by the Buyer when placing the order and must be delivered no later than 7 working days after confirmation of the availability of the Work to the carrier by the Seller, the period may vary depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he communicates to STUDIO MIRACOLO to this effect is and remains correct and that it will allow him to receive the Works he purchases on the Website.
In the case of a delivery by specialized carrier, the Seller undertakes to transmit to
STUDIO MIRACOLO will then transmit them to the Buyer, the name of the carrier that took charge of transporting the Work to the Buyer as well as the parcel number, in order to allow the Buyer to follow the status of his order on the carrier's website, provided that the carrier offers a parcel tracking service. In this context, the Work travels at the Seller's risk.
In the case of a DHL Express delivery, STUDIO MIRACOLO will provide the Purchaser with the package number and the link to the DHL Express website allowing the package to be tracked. In this context, the Works travel at the risk of STUDIO MIRACOLO.
5.2 Withdrawal from the Seller's premises by the Buyer
The Purchaser may also withdraw the Work ordered on the Site directly at the home or
Seller's point of sale.
The Buyer indicates for each Work the mode of delivery (shipment or collection from the Seller) that he chooses during the validation process of his order on the Site.
In the case of a collection from the Seller, the Buyer will not be required to pay the delivery costs.
Once he has placed his order, and subject to the effective availability of the Work and the receipt of the transfer by STUDIO MIRACOLO (if the Buyer has chosen this method of payment), the Seller shall make the Work ordered available to the Buyer within the time period indicated on the Work's form.
The Seller will specify on his space to the Buyer that the Work is at his disposal at the domicile or point of sale of the Seller. The Buyer will then receive an email from STUDIO MIRACOLO to inform him/her.
The Buyer has a period of 15 days from receipt of the above-mentioned e-mail to withdraw the Work at the address indicated above.
A bid made during an Auction is unconditional and cannot be revoked. At the end of the Auction period, the Seller determines whether he wishes to sell the item and to whom he wishes to sell it. The chosen buyer is obliged to pay the Seller through STUDIO MIRACOLO the amount of the bid accepted by the Seller plus, if applicable, the applicable shipping costs. In return for the payment, he acquires ownership of the object.
If applicable, STUDIO MIRACOLO is responsible for the shipment of the item and will fix the shipping costs as soon as it is aware of the delivery address of the item. These costs, if any, will be communicated to the buyer prior to the payment of the total amount. STUDIO MIRACOLO undertakes to ship the sold item to the buyer within three (3) working days after receipt of their payment, unless it is agreed that the item will be picked up.
The term "Work" is used in the singular in the GTC in order to facilitate the purpose. Where appropriate, the term is used in the plural when the sale involves 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 enabling the Buyer to know their essential characteristics and their price.
2) The Buyer selects the Work he wishes to buy.
3) He confirms his choice of Work, reads and accepts the Terms and Conditions of Sale. This acceptance is materialized by the fact of checking and validating the validation message. He chooses his method of payment between payment by credit card or by bank transfer to STUDIO MIRACOLO's account. If he chooses payment by credit card, he proceeds immediately with the payment by following the instructions mentioned on the Site. If he chooses payment by bank transfer, he waits for confirmation of the availability of the Work and then proceeds with this operation as soon as possible so that the payment is effectively received within 5 working days from this confirmation on STUDIO MIRACOLO's bank account.
4) The Purchaser receives an email confirming that his/her order has been taken into account. However, the sales contract concluded between the Buyer and the Seller is subject to the resolutory condition that the Work is available and that the transfer has been received by STUDIO MIRACOLO if the Buyer has chosen this method of payment.
5) The Seller is informed by STUDIO MIRACOLO that an order has been placed for a Work that it has placed online.
6) The Seller undertakes to confirm or deny the availability of the Work ordered by the Buyer within 5 days following the information referred to in point 5). In the event that the same Work is ordered by several Buyers at the same time, and depending on the availability of this Work (unique work), it will only be sold to the first Buyer who registers his order. The order will then be invalidated for the other Purchasers of the Work.
7) Once the availability of the Work has been confirmed or cancelled by the Seller, STUDIO MIRACOLO will send an email 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 lifted. The Buyer undertakes to pay for the Work by bank transfer if he has chosen this method of payment. The Seller makes a firm commitment to deliver the Work or to make it available at the point of sale, within the period indicated on the Work's description, once STUDIO MIRACOLO has confirmed the receipt of the transfer.
In the absence of the confirmation of the availability of the Work within the term referred to in point 6), or in the absence of the receipt of the transfer by STUDIO MIRACOLO within 5 working days from the date of the validation of the availability of the Work by the Seller and if the Buyer has chosen this method of payment, the contract concluded between the Buyer and the Seller is automatically terminated and each of the parties is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the contract relating to the sale of the unavailable Work is covered by this resolution.
9) In case of confirmation of the availability of the Work ordered by the Buyer and confirmation of the receipt of the transfer by STUDIO MIRACOLO, if the Buyer has chosen this method of payment, the said Work shall be sent by the Seller or withdrawn by the Buyer according to the terms set forth in article 4.
2- Price and payment
The purchase price of the Work is fixed by the Seller. It is mentioned in euros including all taxes on the description of the Work, but excluding delivery costs, the latter being specified during the validation of the shopping cart. If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. It is the Buyer's responsibility to obtain information from the competent authorities.
Payment for purchases made through the Intermediation Service may be made by credit card or by bank transfer to STUDIO MIRACOLO, which will collect the corresponding amount in the name and on behalf of the Seller.
When the payment of the purchases made through the Intermediation Service is made by credit card to STUDIO MIRACOLO, the Buyer will be debited with the price of the Work purchased plus the delivery costs only after the Seller has confirmed the availability of the Work.
6- Right of withdrawal
In accordance with the legal provisions in force, within the framework of a purchase made from a Seller established in the European Economic Area, the Buyer, if he himself is a national of this area, has a period of 14 sliding days from receipt of the Work ordered to exercise, with the said Seller, his right of withdrawal, without having to justify his reasons or pay any penalty.
For any purchase made from a Seller who is not a member of the Economic Area
European or if the Buyer is not himself a national of this zone this right of withdrawal.
is not applicable.
In any event, the right of withdrawal is not applicable in all cases where the Work has been personalised for the benefit of the Buyer.
The Purchaser exercises his right of withdrawal directly with STUDIO MIRACOLO by sending an e-mail to the address contact@studiomiracolocom. STUDIO MIRACOLO will then notify the Seller by sending an e-mail. The Seller will then make the withdrawal requested by the Buyer his personal business. 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 the event of exercising the right of withdrawal within the aforementioned period, only the price of the Work purchased will be refunded by the Seller through STUDIO MIRACOLO, the shipping and return costs remaining at the expense of the Buyer.
The Work must be returned in perfect condition, in its original packaging and sent in the following ways
conditions identical to those of its dispatch. 7- Disputes - Disputes
In general, the Seller undertakes to deliver a quality service to the Buyers.
In this respect, any Buyer has the possibility to notify STUDIO MIRACOLO by sending an e-mail to the address contact@studiomiracolo.com, within 14 days from receipt of any Work, of any complaint concerning the Works ordered, according to the following criteria:
- Work not received: the Work has not been received by the Buyer.
- Non-compliant Work: the Work received does not correspond to the Work ordered.
- Damaged Work: The Work received is damaged or broken.
In the event of a Buyer's complaint regarding a Work, once the Seller is informed of the said complaint by sending an email from STUDIO MIRACOLO, the Seller shall be personally responsible for the resolution of the dispute between the Buyer and the Seller. Disputes are settled directly between the Buyer and the Seller. The Seller shall make its best efforts to resolve the dispute between the Buyer and the Seller amicably.
Depending on the case, the declared dispute will give rise either to the return of the Work ordered and the reimbursement of the Buyer by the Seller or to the partial or total reimbursement of the Buyer only.
In case of return of the Work by the Buyer, the Seller shall reimburse the Buyer the price of the Work. The Seller will organize the return and the shipping and return costs will remain at its expense.
8- Personal data
The Buyer and the Seller are informed that all data collected within the framework of the Intermediation Service when placing orders are processed by STUDIO MIRACOLO for the purpose of processing said orders.
The information and data of the Buyers relating to the delivery are transmitted by STUDIO MIRACOLO to the Sellers for the sole purpose of enabling them to ship the Works ordered. They cannot be used for any other purpose.
Each Seller has access only to the personal data provided by the Buyers of the Works ordered.
the Work to STUDIO MIRACOLO when it was commissioned.
The Sellers undertake to ensure the security of the personal data they keep for the purposes of the realization and follow-up of the orders. STUDIO MIRACOLO shall not be held liable in this respect. The costs of return shipment shall be borne by the Buyer.
In the event of any difficulty concerning the processing of these data, the Buyer and the Seller may contact STUDIO MIRACOLO directly at contact@studiomiracolo.com.
9- Partial nullity
If one or more stipulations of the GTC are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations will retain their full force and scope.
10- Applicable law
The GTC are subject to French law. In the event of a dispute relating to their interpretation and/or execution, the Buyer, the Seller and STUDIO MIRACOLO shall make their best efforts to find an amicable solution. In the absence of an amicable agreement within 30 days as from the notification of the dispute to one of the other parties, the courts shall have the right to suspend or terminate the contract.