Legal Notice and General Terms and Conditions of Sale

Website Legal Notice

1.     Website : www.mariwenn.com

2.     Legal name of the seller and website owner : Lefebvre Mariwenn, 30 rue Aristide Briand, 56 000 Vannes, SIRET: 95398991000013, contact@mariwenn.com, 0623737607

3.     Editor-in-Chief : Mariwenn Lefebvre 

4.     Design and production / Editor : Mariwenn Lefebvre 

5.     Web Hosting Provider : Squarespace

If you encounter any difficulties using or accessing the www.mariwenn.com website, please contact Mariwenn Lefebvre at the following email address: contact@mariwenn.com

Furthermore, Mariwenn Illustration cannot be held liable in the event of a failure, malfunction, difficulty, or interruption in operation that prevents access to the website or any of its features. 

You are solely responsible for the equipment you use to connect to the site. You must take all appropriate measures to protect your equipment and your own data, particularly from virus attacks via the Internet. You are also solely responsible for the sites and data you access.

Consequently, Mariwenn Illustration shall not be held liable in the event of legal proceedings brought against you (i) as a result of your use of the website or any service accessible via the Internet, or (ii) as a result of your failure to comply with the Terms and Conditions. Furthermore, Mariwenn Illustration is not liable for any damages caused to you, to third parties, and/or to your equipment as a result of your connection to or use of the website, and you waive any right to take legal action against it in this regard.

Article 2 – Content

1. The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with:

(a) Online sale of the goods listed below by the seller, via the website:

• Belle-Île Tarot Deck;

• Belle-Île Anti-Waste Tarot Deck;

• Postcard - Port-Coton;

• Postcard - The Palace;

• Postcard - Samzun Gate;

• Postcard - Donnant Beach;

• Postcard - Watchtower of the Vauban Citadel; and

• Postcard - Les Poulains Lighthouse

and which will be purchased online by buyers located in France and delivered exclusively within France

(hereinafter referred to individually as a “ Product ” and collectively the “ Products ”)

(b) The provision of the following subscription services via the seller’s website to buyers located in France:

• Illustrations;

• Printed materials; and

• Visual Identities;

(hereinafter referred to individually as a “ Service ” and collectively the “ Services ”)

2. The buyer declares that he or she has read these General Terms and Conditions and accepted them prior to making an immediate purchase or placing an order. In this regard, they are enforceable against the buyer in accordance with the terms of Article 1119 of the Civil Code.

3. In the event of any conflict between the provisions of the General Terms and Conditions and the specific terms and conditions of sale and/or service, the latter shall prevail over the former.

Article 4 – The Order

4.1 When ordering Products:

1. The buyer may place an order online, using the online catalog and the form provided therein, for any Product, subject to availability.

2. If a Product ordered is unavailable, the buyer will be notified by email.

3. For the order to be confirmed, the buyer must accept these Terms and Conditions by clicking in the designated area, with the understanding that this acceptance implies that the buyer has read them in advance and approves them in their entirety without reservation. The buyer must also select the shipping address and delivery method, and finally confirm the payment method.

4. The sale will be considered final:

   (a) after the seller has sent the buyer confirmation of the order acceptance via email;

   (b) and after the seller has received payment of the full purchase price.

5. By placing an order, you agree to the prices and descriptions of the Products available for sale. Any dispute regarding this matter must be addressed as part of a potential exchange via email to the following address: contact@mariwenn.com.

6. In certain cases—such as nonpayment, an incorrect address, or other issues with the buyer's account—the seller reserves the right to hold the buyer's order until the issue is resolved.

7. The order for a Product will then be canceled and, if applicable, a refund will be issued, while the remainder of the order will remain firm and final.

8. For any questions regarding order tracking, the buyer may (i) send an email to contact@mariwenn.com or (ii) call 0623737607 (local call rates apply).

4.2 When ordering Services:

1. The term “order” refers to any order for the Services listed in the seller’s price list and accepted by the seller, accompanied by payment of any down payment specified on the purchase order. Any order received by the seller is deemed firm and final.

2. For services that require a preliminary quote, the sale will not be considered final until the seller has prepared a quote and sent the buyer confirmation of the order’s acceptance.

3. It implies full and unconditional acceptance of these Terms and Conditions and the obligation to pay for the Products ordered.

Article 3 – Precontractual Information

1. The buyer acknowledges that, prior to placing an order and entering into the contract, he or she was provided, in a legible and understandable manner, with these General Terms and Conditions and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is thus provided to the buyer:

(i) the essential characteristics of the Product or Service;

(ii) the price of the Product or Service;

(iii) any additional transportation, delivery, or postage charges, and any other applicable charges;

(iv) and the date or deadline by which the seller agrees to deliver the goods or perform the service, regardless of the price.

2. The seller provides the buyer with the following information through these General Terms and Conditions and the legal notices posted on the website www.mariwenn.com:

(i) its name or corporate name, the physical address of its place of business, and—if different—the address of its registered office, its telephone number, and its email address:

(ii) the terms and conditions governing payment, delivery, and performance of the contract, as well as the procedures established by the business for handling complaints; and

(iii) the existence of the statutory warranty of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code, and the warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

Article 5 – Electronic Signature

1. The online submission of the buyer's credit card number and the final confirmation of the order shall constitute proof of the buyer's consent.

2. In the event of fraudulent use of the credit card, the buyer is asked to contact customer service at 0623737607 as soon as such use is detected (cost of a local call)

Article 6 – Order Confirmation

The seller shall provide the buyer with a copy of the contract in the form of a purchase order OR in the form of an invoice on a durable electronic medium, confirming the express agreement of the parties.

Article 7 – Proof of the Transaction

Electronic records, stored in the seller’s computer systems under reasonable security measures, shall be considered proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8 – Products

1. The Products governed by these Terms and Conditions are those listed on the Seller’s website and indicated as being sold and shipped by the Seller. They are offered while supplies last.

2. The Products are described and presented as accurately as possible. However, the seller shall not be held liable for any errors or omissions that may have occurred in this presentation.

3. The photographs of the Products are not binding.

Article 10 – Payment Terms – Payment Method

1. Terms of Payment:

(a) When ordering a Product, the price is payable in full and in a single payment by credit card at the time the order is placed and before the Product is shipped;

(b) and when ordering a Service, the price is payable according to the following payment schedule:

• The buyer must pay 50% of the total order amount upon receipt of the quote, following the establishment of a schedule, as a (non-refundable) deposit;

• 50% of the total order amount upon receipt of the Service.

Payments made by the buyer will not be considered final until the seller has actually received the amounts due.

2. The seller reserves the right to suspend order processing and delivery if payment by credit card is declined by officially accredited organizations or in the event of non-payment.

In particular, the seller reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is pending.

3. The seller has implemented an order verification procedure designed to ensure that no one uses another person's bank account information without that person's knowledge.

As part of this verification process, the buyer may be asked to send the seller a copy of a valid ID and proof of address. The order will not be confirmed until the seller has received and verified the documents sent.

Article 9 – Price

1. The seller reserves the right to change its prices at any time but agrees to apply the current prices listed at the time of the order, subject to availability on that date.

2. Prices are listed in euros. They do not include shipping costs, which are charged separately and displayed before the order is confirmed.

3. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of the Products in the online store. Payment of the full price must be made at the time of the order. Under no circumstances may any amounts paid be considered as a deposit or down payment.

4. If one or more taxes or fees—including environmental taxes—are introduced or modified, whether by increasing or decreasing them, this change may be reflected in the selling price of the Products.

Article 11 – Product Availability – Refunds – Termination of the Contract

1. Except in cases of force majeure or during periods when the online store is closed—which will be clearly announced on the website’s home page—shipping times will be as indicated below, subject to availability. Shipping times begin on the date the order is processed, as indicated in the order confirmation email.

2. For deliveries to mainland France, the delivery time is 6 business days starting from the day after the buyer places the order.
   

3. If the agreed delivery date or deadline is not met, the buyer must, before terminating the contract, give the seller notice to perform the contract within a reasonable additional period.

   If performance has not taken place by the end of this new period, the buyer may freely terminate the contract.

4. The buyer must complete these successive formalities by registered letter with return receipt requested or in writing on another durable medium.

   The contract shall be deemed terminated upon the seller's receipt of the letter or written notice informing the seller of such termination, unless the seller has fulfilled its obligations in the meantime.

5. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all amounts paid, no later than fourteen (14) days after the date on which the contract was terminated.

6. If the ordered Product is unavailable, the buyer will be notified as soon as possible and will have the option to cancel the order. The buyer will then have the choice of either requesting a refund of the amounts paid within thirty (30) days of payment, or requesting an exchange of the Product.

Article 12 – Product Delivery Terms

1. Delivery refers to the transfer of physical possession or control of the goods to the consumer. It is not considered complete until payment has been confirmed by the seller's bank.

2. Ordered products are delivered as follows: Colissimo or Lettre Verte in metropolitan France. No deliveries will be made outside this geographic area.

3. Any package returned to the seller due to an incorrect or incomplete shipping address will be reshipped at the buyer's expense.

4. If the buyer is not home on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be picked up at the specified location and within the specified time frame.

5. If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

6. The buyer must note any issues with the delivery (damage, missing items compared to the delivery slip, damaged packages, broken items, etc.) on the delivery slip in the form of handwritten reservations accompanied by the buyer’s signature.

   This verification is considered complete once the buyer, or a person authorized by the buyer, has signed the delivery slip.

7. The buyer must then confirm these reservations to the carrier by certified mail no later than two (2) business days after receiving the item(s) and send a copy of this letter by mail or email to the seller at the address indicated in the website’s legal notices.

8. If the Products need to be returned to the seller, a return request must be submitted to the seller within seven (7) days of delivery. Any claim made after this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Errors in Product Delivery

1. The buyer must submit any claim regarding a delivery error and/or non-conformity of the Products in terms of type or quality compared to the information on the purchase order to the seller on the day of delivery or, at the latest, on the first business day following delivery. Any claim submitted after this deadline will be rejected.

2. Any claim not made in accordance with the rules set forth above and within the specified time limits will not be considered and will release the seller from any liability to the buyer.

3. Upon receipt of the claim, the seller will assign an exchange number for the applicable Product(s) and will send it to the buyer via email. [A Product may only be exchanged after an exchange number has been assigned].

4. In the event of a delivery error or exchange, any Product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Registered Mail, to the following address: 31 rue de Paris, 92100, Boulogne-Billancourt

5. The seller is responsible for return shipping costs.

Article 16 – Right of Withdrawal - Termination

1. In accordance with the provisions of the Consumer Code, the buyer has fourteen (14) business days from the date of delivery of their order to return any item that does not meet their expectations and request an exchange or refund without penalty, except for return shipping costs, which remain the buyer’s responsibility.

2. Damaged, soiled, or incomplete products will not be accepted for return.

3. The right of withdrawal may be exercised online using the withdrawal form available on the website www.mariwenn.com. In this case, a confirmation of receipt in a durable medium will be sent to the buyer immediately. Any other method of notifying withdrawal is accepted. It must be unambiguous and clearly express the intention to withdraw.

4. If the right of withdrawal is exercised within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded.

5. The buyer is responsible for return shipping costs.

6. The exchange (subject to availability) or refund will be processed within a maximum of fourteen (14) days from the date the seller receives the products returned by the buyer in accordance with the terms set forth above.

Article 17 – Force Majeure

1. Any events or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and that cannot be prevented by the parties despite all reasonably possible efforts shall be considered cases of force majeure. In addition to those generally recognized by the case law of French courts and tribunals, the following are expressly considered cases of force majeure or unforeseeable events: disruption of transportation or supply chains, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customers.

2. In the event of a force majeure event, the parties shall consult with each other to assess the impact of the event and agree on the terms under which the contract will continue to be performed.

3. If the force majeure event lasts longer than three (3) months, these General Terms and Conditions may be terminated by the affected party.

Article 15 – Warranty – Limitation of Liability Clause

1. The seller guarantees the conformity of the Products and Services, allowing the buyer to file a claim under the statutory warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or under the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.

   With respect to the Services, the Seller’s warranty is limited to a refund of the amount actually paid by the Buyer for the Services, and the Seller shall not be held liable or in default for any delay or failure to perform resulting from the occurrence of a force majeure event.

2. In the event that the statutory warranty of conformity is invoked, please note that:

   • The buyer has two (2) years from the date of delivery of the property to take legal action;

   • The buyer may choose between repair or replacement of the item, subject to the cost conditions set forth in Article L. 217-12 of the Consumer Code.

3. In any event, it is expressly agreed that the extent of direct liability for matters related to the sale of Products or the provision of Services shall not exceed the amount paid at the time of the claim in connection with the sale of Products or the provision of Services.

   Furthermore, the seller shall not be held liable for any indirect damages suffered by the buyer. The parties agree that “indirect damages” include, but are not limited to, loss of profits, loss of opportunity, loss of revenue, loss of data, or loss of use of such data.

   The provisions of Article 15.3, which allocate risk between the parties, are of essential importance to the seller, as the proposed and agreed-upon prices reflect this allocation of risk and the resulting limitation of liability.

Article 20 – Use of the Website

1. The website www.mariwenn.com uses JavaScript technology.

2. The website www.mariwenn.com is normally accessible to users at all times. However, the site may be temporarily unavailable due to technical maintenance; in such cases, every effort will be made to notify users in advance of the dates and times of the maintenance.

3. The website www.mariwenn.com is updated regularly. Similarly, the legal notices may be modified at any time; however, they are binding on the user, who is encouraged to review them as often as possible to stay informed.

Article 21 – Cookies

1. Browsing the www.mariwenn.com website may result in the installation of one or more cookies on the user’s computer. A cookie is a small file that does not identify the user but records information about a computer’s browsing activity on a website. The data collected in this way is intended to facilitate future browsing on the site and is also used to track website traffic.

2. However, Mariwenn Lefebvre is unable to verify the content of the websites visited in this way and, consequently, assumes no liability in this regard. Refusing to accept a cookie may prevent you from accessing certain services.

3. However, users can configure their computers as follows to prevent cookies from being installed:

• In Internet Explorer

  • On the "Tools" tab, go to "Internet Options";

  • Click on "Privacy," and then click on the "Block all cookies" option.

• In Firefox:

  • At the top of the browser window, click the Firefox button, then go to the Options tab 

  • Click the Privacy tab;

  • Configure the cookie retention rules: Use custom settings for browsing history to disable cookies.

• In Safari:

• Click the menu icon (represented by a gear) in the upper-right corner of the browser;

• Select Settings.;

• Click "Show advanced settings";

• In the “Privacy” section, click Content Settings;

• In the “Cookies” section, you can disable cookies.

• In Chrome:

  • Click the menu icon (represented by three horizontal lines) in the upper-right corner of the browser;

  • Select Settings;

  • Click "Show advanced settings";

  • In the “Privacy” section, click on “Preferences”; you can disable cookies in this section.

Article 18 – Intellectual Property

1. The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights to this content.

2. Purchasers agree not to use this content in any way that could infringe upon the supplier’s industrial or intellectual property rights and agree not to disclose it to any third party. Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an act of infringement, in accordance with the provisions of Article L.335-2 of the Intellectual Property Code.

3. All technical documents, products, drawings, and photographs provided to buyers remain the exclusive property of Mariwenn Lefebvre, who is the sole owner of the intellectual property rights to these documents, and must be returned to her upon request.

Article 19 – Personal Data – Right of Access and Correction

1. The personal information provided by the buyer is necessary for processing their order and issuing invoices.

2. This information may be shared with the seller's partners responsible for fulfilling, processing, managing, and paying for orders.

3. The processing of information provided through the website www.mariwenn.com has been reported to the CNIL.

4. In accordance with the provisions of Articles 38 et seq. of Law No. 78-17 of January 6, 1978, on Information Technology, Data Files, and Civil Liberties, all users have the right to access, correct, and object to the processing of their personal data by submitting a written and signed request, accompanied by a copy of an identification document bearing the holder’s signature, and specifying the address to which the response should be sent.

5. To this end, users of the website www.mariwenn.com are informed of the identities of the various parties involved in the website’s development and maintenance:

• Publication Manager: Ms. Mariwenn Lefebvre;

• Webmaster: Ms. Mariwenn Lefebvre

• Host: Squarespace

Article 22 – Partial Invalidity

If one or more provisions of these General Terms and Conditions are deemed invalid or are declared invalid pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.

Article 23 - Non-Waiver

The failure of either party to assert a breach by the other party of any of the obligations set forth in these General Terms and Conditions shall not be construed in the future as a waiver of the obligation in question.

Article 24 - Language of the Contract

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

For the sake of clarity, the fact that, where applicable, the usual communications between the seller and the consumer take place, in whole or in part, in a language other than French shall in no way be construed as a waiver of the application of these General Terms and Conditions or any of their provisions.

Article 25 – Mediation – Jurisdiction

1. In the event of a dispute, the buyer may seek contractual mediation—including through the Consumer Mediation Commission or existing sector-specific mediation bodies—or any other alternative dispute resolution method (such as conciliation).

2. In any event, any disputes arising from purchase and sale transactions entered into pursuant to these General Terms and Conditions—including those concerning their validity, interpretation, performance, termination, consequences, and resulting effects—that cannot be resolved amicably between the seller and the customer shall be submitted exclusively to the competent courts of the Paris jurisdiction.

Article 26 - Governing Law

These General Terms and Conditions are governed by French law. This applies to both substantive and procedural rules.