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Terms of Services

Last Update: June 12, 2019

OVERVIEW

Marie de Longcamp aka Marie Sand (« Marie Sand », “she” or “her”) is a visual artist who paints and draws original art. She owns the domain name mariesand.com, under an individual company registered APE n°9003A – SIRET 792 862 443 00027 in France, address 14 rue d’Onville 45480 Greneville-en-Beauce.

Welcome to the website of mariesand.com operated by Marie Sand. Marie Sand offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, and policies.

SECTION 1. ACCEPTANCE OF THE TERMS OF USE

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2. CHANGE TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the website.

Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently you access this website so you are aware of any changes, as they are binding on you.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

SECTION 3. ORDER STEPS  

3.1 PLACE YOUR ORDER

You browse the site and select one or several work of art or item in the Collection category. You click Add to cart. Work of art and items’ availability is indicated in the site.  When the order is placed, you access the cart and select continue shopping if you want to add another item.

3.2 VALIDATE YOUR ORDER

When you access the cart section, you can verify the number and nature of the selected items you want to order. You can verify the unit price and the total price of the cart. You can remove one or several items by clicking the red arrow.

When you are satisfied with the order, you can validate the order by clicking Proceed to checkout. You access the checkout page where you are asked to fill your personal billing information and additional information. Once completed, you click Place your order. As a non-mandatory option, you can decide to create an account if you want to login as a returning customer.

3.3. PAY YOUR ORDER

When you are satisfied with you order, you are invited to choose a payment option via credit card using Stripe, or Direct Bank Transfer or PayPal. If you opt for Stripe or PayPal, you are redirected to the third party secured payment interface. Please note that Marie Sand has no access to your information relative to payment. The payment is directly processed by the financial organization. The works of art or item will not be shipped unless the payment is accepted.

If you opt for Direct Bank Transfer, you are invited to make your payment directly into our HSBC US bank account to finalize the order in US dollars or into our MYMILLEIS bank account for order in euros.  For any other questions, please inquire at mariesand007@gmail.com

3.4. ORDER CONFIRMATION BY MARIE SAND.COM

Once your payment has been processed and received by mariesand.com. We send a confirmation order by e-mail within 72 hours with a summary of your order and your information.

SECTION 4. PRICE AND PAYMENTS 

4.1. PRICE

Applicable prices are those indicated on mariesand.com the day of the order. Prices for our items are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4.2. OWNERSHIP RESERVE

Marie Sand own the work of art and item ordered until full payment is received.

SECTION 5. SHIPPING, CUSTOMS AND TAXES

5.1. DELIVERY FEES AND DELAY

We accept online orders for shipment in Europe and Northern America. Original works of art are shipped and packaged via DHL. Delivery fees are indicated for each work of art in the item description. For a number of works of art, we offer delivery and packaging which means delivery and packaging fees are included in the price. For larger and oversized works larger than 38” x 46”, delivery fees may apply. For a specific delivery quote, oversized rates and expedited shipping rates, please inquire at mariesand007@gmail.com

Delivery time is expected to take 14-21 business days from the date of your payment. For international shipping, additional delay can occur at customs.

5.2. CUSTOMS

Prices listed online do not include customs and sales tax. Obligations and customs taxes may occur according to the country where items are imported. Policies greatly vary from one country to another. Moreover, some states and cities levy sales taxes at the consumer level. Marie Sand has no control over these costs. You are aware that these costs are due at consumer and importer level. If you refuse to pay those obligations and taxes, Marie Sand requires that delivery and packaging expenses remain at your charge. You are aware that prices do not include these customs and sales taxes if due. If any of these charges are applied, it comes in addition to the listed price.

SECTION 6. RETURNS AND DAMAGE

6.1. RETURNS CONDITIONS

Marie Sand accepts returns of original works of art within 14 days from the date of delivery. To initiate a return, you are asked to inform Marie Sand at mariesand007@gmail.com with the following information:

-The title of the piece

-The date of purchase

-The purchase price (please include a screenshot, photo or scan of the receipt if applicable

-The reason for requesting a return

Returns are accepted if the work of art arrives in the same exact condition as when they left. You are requested to pack the work of art to be returned in the original packaging if possible and according to best packing practices as communicated by Marie Sand.

Unless the work of art is damaged, delivery and packaging expenses remain at your charge. Your refund will be processed when the return has been received. Shipping and packaging fees are non-refundable.

6.2. DAMAGE DURING SHIPPING

In the unlikely event that your order is damaged during shipping you will receive a full refund or replacement if you provide all the original packaging for the shipper’s inspection. The refund will be issued by the shipper and not Marie Sand.  You are asked to inform the shipper and Marie Sand at mariesand007@gmail.com about the damage as soon as possible, and no later than 30 days after the delivery has been initiated.

SECTION 7 – INTELLECTUAL PROPERTY RIGHTS

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Marie Sand, its licensors or other providers of such material and are protected by France, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features (Pinterest, Facebook, Twitter, Instagram, Houzz, Honest Buildings) with certain content, you make take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you wish to make any use of material on the website other than that set out in this section, please address your request to: mariesand007@gmail.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Marie Sand. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

SECTION 8. MODIFICATIONS TO THE SERVICE AND PRICES  

Prices for our items and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Marie Sand.  our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marie Sand and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France, Europe.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mariesand007@gmail.com



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