Conditions of use


Conditions of Use



1. Introduction, scope and modification.


1.1 These general terms and conditions of sale, hereinafter referred to as the "General Terms and Conditions" or the "Terms and Conditions" exclusively govern all orders placed by a user, hereinafter referred to as a "User" or "You", on the commercial website heritagebympeck.com, hereinafter referred to as the "Site" or "Heritage by Mpeck®" belonging to the individual company Mpeck, hereinafter referred to as the "Company", as well as the use by a User of the same website (heritagebympeck.com). Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without

modification, limitation or qualification, by the Terms.


1.2 Specific rules, in addition to these Terms, are provided with respect to transactions conducted on orin connection with the Website, and other rules may be provided for the use of certain other features, areas or services provided on or in connection with the Website, and you agree to be bound by such rules.


1.3 These general terms and conditions are the only ones applicable and replace all other conditions, unless a prior express and written derogation has been made, mentioning a validity date and addressed to a single user and explicitly mentioned on the said derogation.


1.4 The Company reserves the right to modify all or part of these terms and conditions at any time. These modifications are enforceable from the time they are put online and cannot be applied to contracts concluded previously. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.


1.5 Each order placed on the Site is governed by the General Terms and Conditions in force on the date of the order, and the User must read these General Terms and Conditions before confirming each order.


1.6 The User is obliged to provide all the information requested in the order form (name, address, etc...) in a truthful manner; any damage or expenses resulting from false information or inaccuracies provided by the customer are the responsibility of the customer.


1.7 By accessing the Site, you agree to abide by these Terms and Conditions and the terms of use contained herein. By validating your order, you accept without reservation the present General Terms and Conditions after having read them.


1.8 YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.

(THE CONTENTS OF ANY SUCH AGREEMENT, INCLUDING THE TERMS AND ALL SUCH ADDITIONAL TERMS, CONDITIONS AND NOTICES, SHALL BE TREATED TOGETHER AS THE "AGREEMENT") IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEBSITE.


2. Contracting parties and purchase contract.


2.1 The sales contract is made with the company MPECK. More information is available on the Legal Notice page of our website. The customer service is accessible for any question or complaint from Monday to Friday, from 9:00 am to 12:00 pm ) by mail at the address client@heritagebympeck.com


2.2 Except for specific incidents that may interrupt the service (server or other equipment failure, internet network outage or any other cause), the Site is accessible 24 hours a day, 7 days a week.


2.3 Heritage by Mpeck® reserves the right to interrupt the availability of the site at any time for maintenance operations or any other reason we deem necessary.


2.4 The online presentation of the products on our website does not constitute a binding offer to sell. When you validate online, on the Site, your confirmation of your purchase, you are in fact transmitting a firm order to us. The confirmation of your order is sent immediately with the summary of the products ordered and their price, sent to your email address.


3. Price.


3.1 The prices are displayed according to the currency of the country in which the user is located.

3.2 The company is subject to the French franchise regime based on VAT. The prices displayed on the site cannot include VAT. The invoice quotes "VAT not applicable - article 293 B of the CGI : Code général des Impôts".


3.3 Heritage by Mpeck® reserves the right to modify its prices at any time but undertakes to apply the prices indicated on the Site at the time of your order.


4. Product Availability, Shipping Fees, and Delivery Time.


4.1 The products included in the Site's offer are valid as long as they are displayed on the said Site.


4.2 Limited editions are printed in predefined quantities. Once the defined number of a limited edition has been used up, Heritage by Mpeck® undertakes not to print additional copies. Heritage by Mpeck® reserves the right to organize re-editions with specific features different from the first edition (change of format, different quality of support, framing...).


4.3 All deadlines are expressed in working days. The User has the possibility to contact us directly by e- mail to have a more precise manufacturing time for his order.


4.4 The delivery time is approximately 7-10 business days for paper and acrylic resin editions. 22-25 business days for limited editions on canvas retouched by the artist's hand. Excluding pre-orders.


4.5 The deadlines are given as an indication and cannot be guaranteed.


4.6 Delivery times are stated during the ordering process on the Website. Due to the nature of certain products (custom-made, made to order, and unique items), delivery times may be extended. If such an extension of the delivery times occurs, the customer is notified by email.


4.7 Pre-orders allow the User to purchase an out-of-stock product before it becomes available. The delivery time for pre-orders is 3-5 weeks following the confirmation of the pre-order.


4.8 In the event of unavailability of a product, Heritage by Mpeck® may offer the User the replacement of the missing product by a product of at least equivalent quality or a refund if the customer so wishes.


4.9 The shipping cost is:

- 30$ for US and Canada

- 15$ for Europe

- 35$ for the Rest of the World


4.10 The delivery of the package is subject to delivery against the customer's signature.No deliveries can be made to relay points.


4.11 As part of promotional operations on behalf of Heritage by Mpeck® or its partners, samples or promotional offers may be attached to your packages.


4.12 Heritage by Mpeck® cannot be held responsible for delays attributable to the various carriers and the consequences thereof for the User.


5. Products.


5.1 Heritage by Mpeck® cannot be held responsible for the non-fulfilment of the concluded contract in case of force majeure, or in case of total or partial strike of the postal services, carriers, and disasters caused by floods or fires etc... With regard to products purchased for professional needs, Heritage by Mpeck® will not be liable for any indirect damages, business interruption, loss of profit, damages or expenses, which may occur.


5.2 The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial impossibility to use the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or liability on the part of Heritage by Mpeck®, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of retraction when this may apply.


6. Terms of delivery.


6.1 The products are delivered to the delivery address that you have indicated during the ordering process. For reasons of parcel tracking, it is impossible for us to deliver orders to bases or other premises of the Armed Forces.


6.2 You must verify the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note when a signature is required.


6.3 You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature any anomaly concerning the delivery (damaged product). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note when the delivery is made against signature.


6.4 Under no circumstances will the mention "subject to unpacking" be accepted as a valid reservation and will not engage the responsibility of the carrier or the seller. It is up to the buyer to check the condition of the delivered package and to report any damage identified on the delivery note.


6.5 In the event of an error on our part, the User must contact us within 48 hours of delivery by email to transport@heritagebympeck.com. If the request is confirmed, we will have the package returned at our expense.


7. Right of withdrawal and exchange.


7.1 For all products offered on the Site that are significantly customized according to the User's choice (limited editions on canvas touched up by the artist), no reimbursement will be made: according to Ordinance No. 2001-741 of 23 August 2001 art. 5, art. 12 Journal Officiel of 25 August 2001 and Ordinance No. 2005-648 of 6 June 2005 art. 1, Journal Officiel of 7 June 2005 in force on 1 December 2005 of the Commercial Code: the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts: "for the supply of goods made to the consumer's specifications or clearly personalized or which, because of their nature, cannot be reshipped or are liable to deteriorate or expire rapidly".


7.2 For products that have not been clearly personalized, in accordance with Article L.121-0 of the Consumer Code, the withdrawal period granted to the User is fourteen clear days from the date of receipt of the products. During this period, the User may return at his own expense, without further penalties, the product(s) that do not suit him. Cancellation requests must be made in writing and sent by e-mail only to (address at the end of the page), specifying the order number and the references of the products to be cancelled and enclosing a bank statement so that Heritage by Mpeck® can proceed to the refund by bank transfer (the refund can be made by re-crediting a credit card directly in case of online payment, the provision of a bank statement will then not be necessary). Only requests sent from the e- mail address registered in the User's account will be taken into account. Any incomplete or non-compliant request will not be taken into account. Any incomplete or non-compliant application will not be taken into account. The User will then be refunded: either of the totality of the sums paid in the case of a complete cancellation of the order, i.e. the price of the products with the exception of the expenses of return which will remain at his expense, or only of the price of the cancelled products in the case of a partial cancellation. The product(s) returned at the User's expense must be in their original condition, as delivered by the company Heritage by Mpeck®. In particular, the product must not have been used. Any product that is incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged. Refunds will only be made upon receipt of the products returned by Heritage byMpeck®.


8. Return.


8.1 If products need to be returned, they must be requested from our customer service within 14 days of delivery. Any claims made outside of this period will not be accepted. Product returns will only be accepted in accordance with the instructions outlined in the return policy. The User is responsible for the cost of returns. For any merchandise return, excluding limited editions on canvas touched up by the artist, the User may use their preferred carrier. Returns should be sent to the address at the bottom of the page.


No returns delivered to a relay point or to another address will be collected and taken into account. The Company reserves the right to refuse any return made on a cash on delivery basis or requiring the payment of customs duties or any other fees. In the event of receipt of such a return, the fees paid by the Company will be deducted from the refund of the returned order. It is the User's responsibility to ensure that the return is properly tracked; only a signed return to the Company's address can attest to the proper receipt of the shipment by the Company.


9. Guarantees.


9.1 Any defect in the products ordered, any omission or error in connection with the order placed must be noted by the customer upon receipt of the order. In order to be taken into account at a later date, such errors or defects must be reported by any means to the Company; this report must be made within 14 days of the day of receipt of the order.


9.2 The report of a defect in the product ordered, an oversight or an error in connection with the order concerned may take either the form of an e-mail sent through the contact form available on the Site, or the form of a written letter sent by post.


9.3 In the event that the product defect, error or omission in connection with the order is recognized as such by the Company, the latter undertakes to implement all means to remedy this situation and, if it proves impossible to correct the error or omission in question, to proceed, at no additional cost to the Customer, to re-manufacture the product initially ordered.

9.4 However, the Company does not guarantee the return of the products delivered in the event that there is an insubstantial difference between the product ordered and the product delivered. Slight variations in tone, color and size of the reproduction or printing medium are indeed unavoidable.


9.5 The visualization on the Internet of the images representing the reproductions marketed on the Site constitutes only a preview, of lesser quality, of the final result. Moreover, the quality of the images perceived on a computer screen is not always an exact reflection of the quality of the printed reproductions.


9.6 The reproductions marketed by the Company are printed and produced in accordance with the rules of art using technical means, tools and products traditionally used in the professional printing environment. In particular, the Company guarantees the quality of the colors and media used for printing within the limits of the objectively recognized resistance properties of these elements.


10. Intellectual Property and Material on the Website.


10.1 Disclaimer: The content of the website is not intended for minors. This content extends to a range of art generally uncensored, and may include nudity or other content that some people may consider offensive, as well as access to electronic shopping on the items. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and topics posted on the Website are inappropriate for your child, and to monitor your child's use of the computer accordingly. If you yourself find it offensive, you should not use the Website.


10.2 The contents of the website, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other materials ("Materials" or "Materials"), are protected by copyright under the laws of France and other countries, and are owned or controlled by the Company or by third parties who have licensed their Materials to the Company.


10.3 Unauthorized use of the Materials may violate copyright, trademark and other laws. You may not sell, prepare derivative works based on, or modify the Materials (including, without limitation, the preparation of summaries of the Materials or "thumbnails" of any images contained therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Materials in any way for public or commercial purposes. The use of the Materials or any part thereof on any other website, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal navigation of the website without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Materials under the limited personal license granted herein, you must retain, unmodified and unobstructed, all and any copyright and other proprietary notices contained in the original Materials. Some of the Materials may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, disable, reverse engineer, alter, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the Website are the property of the Company. You may not use the Marks without the express prior written consent of the Company. If you wish to obtain the Company's permission to use the Materials on your website, please send an email to the following address : contact@heritagebympeck.com


10.4 In any event, you will not use any robot, spider, script, service, software or any other automatic or manual device, tool or process (a) for the purpose of compiling information regarding the identification, address or other attributes of any of our users, Bidders or (b) to recreate in original or modified form any substantial portion of the Website or (c) to extract or scrape any content from the Website, or (d) to access or collect any content, data or information from the Website using an automated site Means. You also agree not to use (a) the Services, software or any manual or automatic device, tool or process to circumvent any restriction, condition or technological measure that controls access to the Website in any way, including the removal of any security features or bypassing or circumventing any access or usage controls of the Website, or (b) hide or archive any Content or (c) do anything that would impose an unreasonable or disproportionately large load on the Website, or (d) do anything that would disable, damage or alter the appearance of the Website or interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on or in connection with the Websites.


10.5 If you breach any provision of the Agreement, your permission to use the Materials and the Website automatically terminates and you must immediately destroy all copies you have made of the Materials.


10.6 The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that you have witnessed any unauthorized use of our images, please provide us with the

following information:

- a description of the work in question ;

- a description of where you would have seen the work in question;

- a description of the purposes for which the work in question was used (commercial or non-commercial). We ask you to make an accurate and truthful statement of the disputed use in question.


11. Ownership of the Site.


11.1 The Site is the property of the Mpeck Company. All of the content published and made available on this Site, hereinafter referred to as the Content, is the property of the Company.


11.2 Unless expressly authorized by these General Terms and Conditions or a prior express and written derogation from the Company mentioning a validity date and addressed to a single party and explicitly mentioned on the said derogation, no part of the Content published and made available on the Site may be copied or transmitted by any means whatsoever, under penalty of prosecution.


12. Use of the Site and Responsibilities.


12.1 This Site and its Content are intended for use by Heritage by Mpeck® customers. You are not authorized to use this site or its content for any purpose other than placing orders on Heritage by Mpeck®. Any unauthorized use as per the terms and conditions, as well as any fraudulent use of this Site, its Content, or its features, may result in legal action.


12.2 This Site and its Contents exclude, to the extent permitted by applicable law, all warranties, express or implied, including implied warranties of merchantability, quality control or fitness for a particular purpose. The Company shall not be liable for any damages resulting from the use of this Site. The Site is not guaranteed against interruption or operating errors. The costs of any services, repairs or corrections resulting from the use of this Site are your sole responsibility and not that of Heritage by Mpeck®.


12.3 Use of cookies: the Site uses cookies that are essential to the personalization and online ordering service. These cookies are mainly used for access to shopping carts, photos uploaded to the Website and for account management (registration, modification of personal information, login etc.). They are also used to protect the Website against misuse and for statistical purposes or to allow sharing via social networks. For more information, we invite you to visit the CNIL website, you will find information to prevent the installation of cookies on your computer at this address (the Site will be unusable if you block all cookies: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/


13. Legal notice


Pascal MPECK

Siret : 480391572

Address : 29 Bd de la Ferrage

06400 Cannes France



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