Terms of sale

These terms of sale govern every order of an Artwork placed on https://murmuse.art with MURMUSE, a French simplified joint-stock company with a share capital of 1 000 €, registered under RCS Annecy 991 438 557, VAT number FR27991438557, whose registered office is at 3 avenue des Romains, 74000 Annecy, France (hello@murmuse.art, +33 6 16 54 31 43). They complement the platform's terms of use; for everything concerning the sale, these terms of sale prevail.

1. Scope

On the Murmuse marketplace, MURMUSE collects the price, issues the invoice and pays the artist the sale price less its commission: the sale is concluded through MURMUSE, which acts in its own name on behalf of the artist and remains the buyer's contact for the order, delivery, withdrawal and guarantees.

Artworks offered on an artist's personal site (a site hosted by Murmuse or on the artist's own domain) are sold directly by that artist: their own terms of sale and returns policy apply, and MURMUSE only acts there as a technical provider.

These terms apply to consumer and professional buyers alike. The provisions reserved for consumers by the French Consumer Code (right of withdrawal, legal guarantees) only benefit buyers who qualify as such. Ordering is reserved for adults with legal capacity.

2. Artworks and prices

Each Artwork is described by its artist: title, technique, dimensions, year, photographs and, for photographs and prints, the edition and its numbering. This information binds the artist and MURMUSE; colours may vary slightly from one screen to another.

Prices are in euros, all taxes included. VAT is applied at the rate in force in the delivery country; in France, original works of art fall under the reduced rate of 5.5% (article 278-0 bis of the French General Tax Code). For a Remise en main propre (hand delivery), French VAT applies. Delivery costs are shown separately before the order is confirmed. The total amount payable, costs included, is displayed before the buyer confirms the order; that amount is the binding one.

In the event of an obvious pricing error on an Artwork, MURMUSE informs the buyer before dispatch and offers either to confirm the order at the corrected price or to cancel it with a full refund.

3. Account and order

Ordering requires a Murmuse account. It takes three steps: the cart, the delivery details (identity, address and delivery method, billing address), then payment. Before reaching payment, the buyer must tick the box accepting these terms of sale; the accepted version and the time of that acceptance are recorded with the order.

The order is firm once the payment is confirmed. The buyer then receives a confirmation email summarising the Artworks, the amounts and the delivery address. The invoice is available in the "My orders" area.

Each Artwork is a unique piece or a limited edition. If an ordered Artwork turns out to have been sold in the meantime, the order is cancelled and all sums paid are refunded automatically to the payment method used; the buyer is informed by email.

4. Payment

Payment is made in full at the time of the order, through Stripe Payments Europe Ltd. Accepted methods are bank card, bank transfer from a European Union account and the other methods offered on the payment screen at the time of the order. MURMUSE does not store card details.

A promotional code is applied before payment, under its own conditions (validity period, number of uses). An order whose payment is refused is not recorded.

5. Delivery

Two delivery methods are offered depending on the Artwork:

• Shipping: the Artwork is packed and shipped by the artist, by express carrier with tracking and delivery against signature, to the address given by the buyer. Costs are calculated from the dimensions, weight and destination and shown before confirmation. The buyer is informed of the dispatch by email, with the tracking link.
• Remise en main propre (hand delivery): offered for Artworks located in France, free of charge. The artist contacts the buyer to agree together on the place and time of the handover.

The Artwork is delivered or handed over no later than thirty days after the order is confirmed, unless a different date is agreed with the buyer. Failing that, the buyer may, after having asked MURMUSE to deliver within a reasonable additional period without result, cancel the order and obtain a refund of the sums paid, in accordance with article L216-6 of the French Consumer Code.

For delivery outside the European Union, import duties or taxes may be claimed by the authorities of the destination country on receipt; they are not included in the price.

On receipt, the buyer checks the condition of the Artwork and its packaging. Any damage is reported to the carrier with precise reservations and to hello@murmuse.art as soon as possible, with photographs, so that MURMUSE can lodge a claim. The buyer then confirms receipt from the "My orders" area; this confirmation does not deprive them of any of their rights.

6. Transfer of ownership and risk

The Artwork remains the artist's property until the price is paid in full. The risk of loss or damage passes to the buyer when they, or a third party they have designated, take physical possession of the Artwork.

7. Right of withdrawal

A consumer buyer has fourteen days from receipt of the Artwork, or from its hand delivery, to withdraw without having to give a reason. They notify their decision to hello@murmuse.art quoting their order number, by post to 3 avenue des Romains, 74000 Annecy, France, or using the form in the appendix. MURMUSE acknowledges receipt by email and provides the return address.

The buyer returns the Artwork no later than fourteen days after notifying the withdrawal, to the address provided by MURMUSE, in its original packaging or packaging offering equivalent protection. The costs and risks of the return are borne by the buyer; a tracked and insured shipment for the value of the Artwork is recommended. The buyer is liable for any diminished value of the Artwork resulting from handling other than what is necessary to establish its nature and characteristics.

MURMUSE refunds all sums paid, delivery costs included, no later than fourteen days after recovering the Artwork or receiving proof of its dispatch, to the payment method used for the order.

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to an Artwork made to the buyer's specifications or clearly personalised at their request. For an Artwork bought on an artist's personal site, the right of withdrawal is exercised with that artist, under their returns policy.

8. Legal guarantees

As seller, MURMUSE is bound by the legal guarantee of conformity (articles L217-3 to L217-20 of the French Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code).

The consumer has two years from delivery of the Artwork to obtain the application of the legal guarantee of conformity should a lack of conformity appear. During that period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared. The legal guarantee of conformity requires the seller, where applicable, to repair or replace the Artwork within thirty days and free of charge; as a unique Artwork cannot be replaced, the consumer obtains a price reduction or the cancellation of the sale and a full refund. The consumer also benefits from the guarantee against hidden defects, which they may invoke within two years of discovering the defect to obtain a price reduction or the cancellation of the sale.

To invoke a guarantee, the buyer writes to hello@murmuse.art with their order number and photographs. The legal guarantees cover neither normal wear nor damage resulting from unsuitable hanging, storage or care.

9. Authenticity and copyright

The artist guarantees that they are the author of the Artwork and, for an edition, that it is numbered and signed as described. Where the artist has filled it in, a certificate of authenticity can be downloaded from the "My orders" area and verified online.

Buying the Artwork transfers ownership of the physical object, not the intellectual property rights (article L111-3 of the French Intellectual Property Code). Any reproduction, public display or commercial use of the Artwork requires the artist's consent; displaying it in a private setting remains free.

10. Cancellation by Murmuse

MURMUSE may cancel an order when the Artwork has become unavailable (sold through another channel, damaged, withdrawn by the artist) or in the event of a serious suspicion of fraud. The buyer is informed by email and all sums paid are refunded to the payment method used, no later than fourteen days after the cancellation.

11. Customer service and complaints

For any question or complaint: hello@murmuse.art, +33 6 16 54 31 43, or by post to 3 avenue des Romains, 74000 Annecy, France. MURMUSE endeavours to reply within five working days.

12. Applicable law and jurisdiction

These terms are governed by French law and written in French; the French version prevails. A consumer buyer may bring proceedings before any of the courts with territorial jurisdiction under the French Code of Civil Procedure. For a professional buyer, any dispute falls within the jurisdiction of the courts of the registered office of MURMUSE.

13. Artist subscription

The subscription giving access to Murmuse's sales tools is intended for artists working professionally; the provisions of the French Consumer Code reserved for consumers do not apply to it. It is taken out online through Stripe Payments Europe Ltd, at the price including all taxes displayed at the time of subscription, and invoiced by email.

The annual plan is paid in advance and renewed automatically every year; it may be cancelled at any time from the profile, the cancellation taking effect at the end of the current term. The monthly plan carries an initial commitment of twelve months: the cancellation, requested from the profile, takes effect at the end of that commitment and the remaining monthly payments stay due; after that term, the subscription continues without commitment and may be cancelled for the end of the current month.

If a payment is refused, the artist is informed by email and the charge is retried; access to the sales tools is suspended until the situation is settled. Closing the account does not end the sums due under the current commitment.

14. Changes to these terms

The terms applicable to an order are those in force on the day it is confirmed, whose update date appears at the top of this document and whose accepted version is recorded with the order. The processing of personal data linked to the order is described in the privacy policy.

Appendix: withdrawal form

Please complete and return this form only if you wish to withdraw from the contract, to MURMUSE, 3 avenue des Romains, 74000 Annecy, France, or by email to hello@murmuse.art.

• I hereby notify you of my withdrawal from the contract for the sale of the Artwork below.
• Order number:
• Artwork:
• Ordered on: / received on:
• Buyer's name:
• Buyer's address:
• Date:
• Signature (only if this form is notified on paper):