Commercial guarantee contract
This page is also available in French: Contrat de garantie commerciale.
Guarantor: Executionists, trading as “Mie Gallery”, 12773 Caswell Avenue, #104, Los Angeles, CA 90066, USA. Phone: +1 310 435 7452. Email: info@miegallery.com.
Content of the guarantee. You can return any print bought on miegallery.com/fr-fr or miegallery.com/en-fr within 30 days of receipt, without giving a reason. We then refund the full purchase price of the print.
Price. This guarantee is free of charge; it is included in the price of the print.
Duration. 30 days from the day on which you, or a third party other than the carrier and indicated by you, take physical possession of the print. It is sufficient that you tell us of your request and send the print back within this period.
Territorial scope. Prints delivered to metropolitan France following an order on miegallery.com/fr-fr or miegallery.com/en-fr. The print is returned to our address in Los Angeles (USA).
How to use it.
- Tell us of your request by email to info@miegallery.com, by phone or by post, stating your order number.
- Pack the print the way you received it (flat, between stiff board and in acid-free paper) and send it back to: Executionists, “Mie Gallery”, 12773 Caswell Avenue, #104, Los Angeles, CA 90066, USA.
- You bear the cost of the return shipment. If the print arrived damaged or does not match its description, we bear it.
- We refund the purchase price as soon as we receive the print, to the means of payment used for the order.
Exclusions. The guarantee does not cover:
- the original delivery costs, unless the print arrived damaged or does not match its description;
- import charges (import VAT, customs duty, the EU handling fee, the carrier's fees), which were not paid to us;
- a print returned in a condition other than the one in which it was delivered, as a result of handling beyond what is necessary to examine it. This exclusion applies only to this commercial guarantee and does not restrict your statutory right of withdrawal.
Relationship with your statutory rights. This commercial guarantee is in addition to your statutory rights and does not limit them.
- During the first 14 days you also have the statutory right of withdrawal (see the page Withdrawal and returns), whose rules apply where they are more favourable to you, in particular the refund of standard delivery costs.
- It applies without prejudice to the consumer's right to the legal guarantee of conformity, under the conditions of Articles L217-1 to L217-32 of the French Consumer Code, and to the guarantee against hidden defects, under the conditions of Articles 1641 to 1649 of the French Civil Code.
- This commercial guarantee allows you, for 30 days after receipt, to return the print without having to establish a lack of conformity. Its expiry does not affect the legal guarantee of conformity, which remains applicable for its full statutory duration.
Box on the legal guarantees (Article D. 217-3 of the French Consumer Code)
English translation of the statutory French notice (annex to Article D211-2 of the French Consumer Code), available in French on miegallery.com/fr-fr. Your statutory rights remain unaffected.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended period of supply. During this period, the consumer only has to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to supply all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction of the purchase price by keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction of the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee gives entitlement to a price reduction if the goods are kept or to a full refund against return of the goods.
This contract is provided to you on a durable medium, at the latest on delivery of the print, as an attachment to your order confirmation.
