GENERAL TERMS AND CONDITIONS OF USE AND SALES
The e-commerce website, accessible on the following address www.musart.com ("the Website") is managed by the company ARTIS & WEBEUM LLC ("the Company") with head office at 100 N BISCAYNE BLVD, SUITE 800 FL 33132, MIAMI, FLORIDA.
This document sets out the general terms and conditions of use for the Website as well as the general terms and conditions of sale (the "Terms & Conditions") between the Company, and any natural person aged 18 or over wishing to use the Website or make a purchase on the Website ("the Customer").
The Company sells the Products (“the Products”) on its website to final customers only. Any Order that obviously does not correspond to a retail sale and, more generally speaking, any fraudulent Order or Order deemed to be such, will be considered by the Company to be null and void.
The Company reserves the right to limit the quantities of any item delivered to the same Customer and even to the same postal address. The Customer undertakes that the purchase of Products on the Website does not have any direct relationship with a business activity and is limited to strictly personal use.
The Company reserves the right to update or revise these Terms & Conditions without prior notice. Any Terms & Conditions applicable to the Customer are those in force at the time of using or placing an order on the Website.
Article 1 – Creating An Account/Subscription To The Newsletter/Ordering As A Guest
When creating his Account, the Customer will be able to subscribe to the newsletter. It is also possible to subscribe to the newsletter without creating an Account, by entering your email address at the bottom of the home page in the space provided for this purpose.
Article 2 – Prices And Ordering
The sales price of the on-line Products sold on the Website are indicated in USD. Indicated prices are the ones in force at the time at which the Customer placed the Order. The sales price of the Products can be changed by the Company at any time. Any changes will be indicated to the Customer before the order is completed.
Prices do not include shipping costs, which are invoiced in addition to the price of the Products. Shipping costs will be indicated before the order is confirmed by the Customer. The different methods of shipping are indicated below in these Terms and Conditions. They can be changed at any time by the Company.
For orders destined for countries outside the United States of America, additional charges may occur at the time of checkout. These international duty and taxes are calculated according to country and product type. These costs and the related formalities are the responsibility of the Customer
2.2 Product Characteristics
The Customer can consult the essential characteristics of the Product(s) proposed on the Website before placing an Order.
The information, characteristics, photographs and graphics presented on the Website or in the e-mails sent by the Company are presented with the greatest possible accuracy. Each Product sheet is written based on information provided by the manufacturer or supplier of the Product, and presents the essential characteristics of the Product selected. The Customer is informed, subject to his rights, of the possibility of a difference in presentation on Delivery resulting from a modification of the packaging (photograph and illustrations) by the manufacturer or the supplier, this difference not affecting in any way the content and characteristics of the Product.
The Company cannot guarantee that the information provided on the Product packaging will be translated into all languages of the world.
2.3 Product Availability
The order implies acceptance of prices and description of the Products available for sale. The Company is committed to honoring Product orders while stocks last.
In the absence of availability of one or more Products after the order has been placed, the Company will inform the Customer by email when the Product will be available again or, if it is no longer available, where applicable. In the event that Products are unavailable or if the Customer cancels their purchase, the order for the product will automatically be cancelled and the amount will be refunded via the payment method used to place the order.
2.4 Placing Of An Order
Purchases made on the Website are reserved for non-professional private customers for their own use. This is why the Company only sells products in quantities that correspond to the average requirements of a household. The Company reserves the right to refuse or cancel, for legitimate reasons, any Order for which the number of Products or the amount to be paid (for one or several orders combined) does not correspond to the average usual use of a household or that would indicate that a business activity is being carried out by the Customer in relation to the products ordered.
Acceptance and confirmation of the order are carried out by a series of data entries on successive screen pages:
- Addition of the chosen Products in the Shopping Bag
- Validation of the Shopping Bag
- Entering the Customer's contact details through the connection to his account or as a guest
- Confirmation of the type of delivery
- Adherence to these Terms & Conditions
- Choice of payment method and confirmation of choice of payment method
We require that your billing and shipping address match as an additional step to prevent credit card fraud.
Once the mode of payment has been selected, the Customer must proceed to the payment of his order on the secure interface, which will formalize in a firm and definitive manner the sales contract which binds him to the Company.
Any order implies acceptance of the prices and description of the Products available for sale.
In all cases, the online provision of the credit card number and the final validation of the order by the Customer will constitute proof of the order and payment of the sums for the Products selected in the order. This validation is worth signature and acceptance of all the operations carried out on the Site.
An email is automatically sent to the Customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to the Company. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
If the Customer has created an Account, he can at any moment check the status of his order by consulting the heading "My account" on the Website. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. The Company thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters.
Some Products may be available for Pre-orders. The Customer will be debited at the time of the Pre-order and the delivery will be made when the Product is available. The Website will specify to the Customer within which time the Products will be available.
Article 3 – Deliveries
3.1 Delivery Methods And Delivery Times
The Products are shipped to the delivery address provided by the Customer during the ordering process.
The Customer is informed that the Company cannot be held responsible for the impossibility of delivering the order in the event of incorrect information when the Customer enters his delivery details. We do not ship to P.O. Boxes or Freight Forwarders.
For Exclusive Sales:
the use of a carrier defined by the Company can be imposed on the Customer,
there will be up to 7 business days for order verification and processing, and an additional 10 business days for delivery. These are estimated timeframes and are not guaranteed.
Apart from these specific cases, there will be a Standard Delivery: delivery of Products 3 to 13 business days after the date of the order.
Delivery times are given as an indication, apart from all cases of force majeure and outside certain periods of high activity, such as sales periods, and subject to validation of the order and payment by the Customer.
3.2 Delivery Costs
The price list below is provided for information only. Given the weight and/or volume of certain products, additional costs may apply. The Customer will be informed of this when choosing the type of delivery.
3.3 Title & Risk Of Loss
Title and risk of loss pass to the Customer upon transfer of the products to the carrier. The Company is not responsible for any lost, stolen or damaged shipments. The Customer is responsible for paying additional shipping and handling fees to have the order re-shipped, if available. The Customer assumes all responsibilities of claims made with the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. The Company is not liable for any delays in shipments.
3.4 Delivery Conformity
It is the Customer's responsibility to check the conformity of the delivery in relation to his order and to report any error without delay. The Customer is also required to check the condition of the Products delivered.
Any package presenting apparent anomalies (damage, missing product compared to the order form, damaged or open package, defective product, etc.) at the time of delivery must imperatively be the subject of a complaint sent to customer service within 48 hours of the date of delivery at the following address: email@example.com. Images and descriptions of defects/damages must be provided for review.
3.5 Delivery Restrictions
The Company reserves the right to restrict the conditions and territories of delivery depending on the type of Products and/or the territories concerned.
Article 4 – Payment
4.1 Means Of Payment
The Customer can pay for his order online by:
- Bank card (Carte Bleue, Visa, Mastercard, American Express, Discover, Diners Club)
- PayPal : this type of payment is subjected to the conditions of use of Paypal as well as the regulation on the respect of the private life of Paypal
- Apple Pay : this type of payment is subjected to the conditions of use of Apple Pay as well as the regulation on the respect of the private life of Apple Pay
- Google Pay: this type of payment is subjected to the conditions of use of Google Pay as well as the regulation on the respect of the private life of Google Pay
- E-gift cards valid for 1 year on the Site (see article 5)
- Online Credits : online credits are credits issued exclusively by the Company and can only be used on the Site by their beneficiary for a period of one year from their date of issue
The Customer guarantees the Company that he has the necessary authorizations to use the method of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
The Company uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the Website uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet.
The Company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. The Company notably reserves the right to refuse to process and deliver an order placed by a Customer who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
If the Customer's card issuer is based within the European Union, the Customer may be required to confirm their identity under the requirements of the European Payment Services Directive 2 (PSD2). The Customer will be redirected to another page to enter additional information or will have to confirm his identity using his mobile phone.
An invoice in electronic format will be available in the Customer's Account. It will also be sent to the Customer by e-mail.
Article 5 – E-Gift Cards
The Customer can buy one or more e-gift cards on the Website, which will be exclusively usable on the Website.
The minimum amount of an e-gift card is 50 USD and can go up to 1,000 USD, loading can be done in increments of 50 USD.
The e-gift cards are valid for 1 year and can be used in 1 or more times. They can be combined with each other within the limit of 1,000 USD, They are non-exchangeable, non-refundable and non-transferable.
When creating an e-gift card, the Customer must enter the email address of the person receiving it ("The Recipient"). This email address cannot be changed at a later date. In the event of an error being made when entering the e-gift card recipient's address, the Customer can ask for their order to be cancelled. The amount corresponding to the cancelled e-gift card will then be fully refunded via the payment method originally used to place the order. No request for cancellation will be accepted if the e-gift card has been used by its Recipient.
The Recipient will receive the e-gift card only in digital form with a code to be entered before payment of the order.
Article 6 – Retention Of Ownership - Transfer Of Risk And Ownership
The Company retains full ownership of the Products sold until the full price has been completely paid, including the principal, expenses, taxes and compulsory contributions.
Article 7 – Intellectual Property
All text, comments, photos, branding, illustrations and images reproduced on the Website are protected under copyright and intellectual property law. These elements are, and remain, the exclusive property of the Company or the holder of the intellectual property rights concerned.
All total or partial reproduction of the Website or any of its elements, on any medium or for any reason whatsoever, is strictly prohibited.
Article 8 – No Returns, Cancellations Or Exchanges
For orders that are purchased and shipped outside of the Unites States of America, the Company does not accept returns, cancellations or exchanges.
It is the Customer's responsibility to check the conformity of the delivery in relation to his order and to report any error without delay. The Customer is also required to check the condition of the Products delivered. Any package presenting apparent anomalies (damage, missing product compared to the order form, damaged or open package, defective product, etc.) at the time of delivery must imperatively be the subject of a complaint sent to customer service within 48 hours of the date of delivery at the following address: firstname.lastname@example.org. Images and descriptions of defects/damages must be provided for review.
Article 9 – Force Majeure
The Company incurs no liability if it is prevented from executing an order by an event of force majeure. Force majeure events are circumstances outside the control of the Company, including in particular important disruptions affecting the company, accidents, strikes, late or defective deliveries of raw materials or semi or completely manufactured products, restrictions imposed by authorities, health and pandemic conditions, fire, flood or other natural disasters.
The Company acknowledges that the personal data requested from the Customer will only be collected and used to the extent necessary to process his order and prepare invoices and sales documents.
With the Client's consent, the Company may also collect information that identifies the Client for use in future Company promotions and marketing campaigns.
In accordance with the law on the protection of privacy in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
Article 11 – Customer Service
In the event of difficulty concerning the order or the Products, the Customer may contact Customer Service via the following address: email@example.com
Article 12 – Accessibility Statement
The Company believes the internet should be available and accessible for anybody. We are committed to providing a website that is accessible to as many people as possible, regardless of ability.
Our ongoing accessibility efforts are dedicated to working towards conforming to the Web Content Accessibility Guidelines (WCAG) version 2.1, level AA criteria. These guidelines aim to make web content accessible to users with sensory, cognitive, and mobility disabilities with the ultimate goal of accessibility for all users.
We recognize that accessibility is an ongoing concern. To that end, we continue to conduct reviews at reasonable intervals to assess the website ongoing level of substantial conformance with WCAG and to look for new ways we can continue to enhance the online experience for customers with disabilities.
We welcome comments and feedback on how to improve the website’s accessibility for all users. Please contact us to provide feedback at firstname.lastname@example.org
Article 13 – Applicable Law And Jurisdiction
All matters arising out of or relating to these Terms & Conditions are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida