Terms & conditions of sale / Legal information

This document sets forth the general terms and conditions of use for the website accessible at https://www.danielmaghen.com (hereinafter referred to as the “Website”).

By accessing or using this Site, you agree to these terms and conditions (prior to placing any order, the user must check the box to accept these terms and conditions of sale and use, thereby confirming their acceptance).
We reserve the right to deny access to all or part of the Site to any user who fails to comply with these terms and conditions of use.

Governing Law

The Site is governed by French law, and its official language is French. The French courts—and more specifically the Paris Judicial Court—shall have exclusive jurisdiction over any dispute or litigation that may arise in connection with these General Terms and Conditions of Sale.

Customer Eligibility

All users of the Site represent that they have the legal capacity to place an order on the Site and to use a credit card.

1 - Characteristics of the goods and services offered on the Site

Availability of Works and Priority of Sales

The works offered for sale on the Site are unique original pieces, which are simultaneously available for purchase in person at the Daniel Maghen Gallery, 36 rue du Louvre, 75001 Paris. Due to this dual exhibition, Arts Graphiques cannot guarantee that a work ordered on the Website will still be available at the time the order is processed,  it being hereby specified that priority is always given to in-person sales at the gallery in the event of concurrent orders.

Some of the works presented on the Site are held by Galerie Daniel Maghen on consignment on behalf of third-party consignors (artists, rights holders, or collectors), who retain full ownership of the works. These consignors remain free, at any time, to withdraw a work from sale. If such a withdrawal occurs before the sale is deemed final as defined below, the order becomes void under the same conditions as those provided for in the event of unavailability.

Upon confirmation of their order, the customer receives an automatic email acknowledging receipt of the order. This automatic acknowledgment of receipt does not constitute confirmation of sale and does not bind Arts Graphiques regarding the availability of the artwork. It merely confirms that the Website has properly received the order.

The sale is deemed complete only upon the sending of a second email, separate from the previous one, in which a member of the Arts Graphiques team expressly confirms the availability of the artwork and the sale. Until this email is sent, the unavailability of the ordered artwork may result, in particular, from:

• Another sale of the same work of which the Gallery was first to become aware, in which case priority is given to any sale conducted by the Gallery;
• The withdrawal of the work by the consignor, under the conditions set forth above;
• n the event of the death of the artist or the owner of the artwork, the temporary suspension of the sale by the Gallery, pending approval to sell from the artist’s or owner’s legal heirs.

In each of these cases, the customer will be notified immediately by email. The customer’s order will then be canceled, in whole or in part, and any amounts already paid will be fully refunded within a maximum of 10 business days, via credit card refund, bank transfer, or PayPal refund, to the exclusion of any other compensation.

Once the sales confirmation has been sent, the sale is deemed final and can no longer be contested on any of the grounds set forth above; only the statutory withdrawal period remains applicable.

Reproductions and Accuracy of Works for Sale

The reproductions in the catalog are produced with the utmost care to faithfully reflect the works offered for sale. However, they are subject to the technical limitations inherent in photography and digital display—such as screen calibration, shooting conditions, and file compression—which make it impossible to guarantee a perfect match with the original work, particularly with regard to color rendering, nuances, or texture. The reproductions and textual descriptions of the products are therefore provided for informational purposes only and are in no way binding.

Consequently, any discrepancy between the artwork received and its photographic representation on the Site—provided it results solely from these reproduction limitations—does not constitute a lack of conformity of the artwork nor grounds for compensation.

2 - Order

Orders are accepted by the Website only after these general terms and conditions of sale have been accepted.
A buyer who wishes to purchase a product or service must:

• Fill out the registration form, providing all the requested contact information, or log in using the username and password created during a previous order,
• Confirm your order after reviewing it, including the shipping address for the item and the billing address for the order;
• Make your payment online using one of the available methods: credit card, Visa, MasterCard, PayPal; by check or bank transfer;
• Confirm payment to finalize the order.

Arts Graphiques will send an email confirming the order has been placed. It will confirm via email the final acceptance of the purchase offer, thereby finalizing the contract. All information provided and the order placed shall constitute acceptance of the transactions carried out and serve as proof of a firm and final order.

Archiving and Evidence

Danielmaghen.com will archive purchase orders and invoices on a reliable and durable medium that constitutes a true and accurate copy in accordance with the provisions of Articles 1366–1367 of the Civil Code.
The electronic records of danielmaghen.com will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Payment Terms

The prices listed in the catalog are in euros, inclusive of tax, and reflect the applicable VAT rate on the date of the order; any change in the tax rate may be reflected in the price of the products or services.

Arts Graphiques reserves the right to change its prices at any time; however, the price listed in the catalog on the date of the order will be the only price applicable to the buyer.
The total price of any order must be paid in full and without discount by the buyer in accordance with the terms set forth below.

Payment for the order can be made by:

• Check: The order will then be held for 7 business days. If the check is not received within this period, the order will be canceled. The order will not be confirmed until the check is received and cleared. The order will not be shipped until the check has been cleared. The check must be made payable to: Matteo Bandes Dessinées.

• Bank Transfer: The order will be held for 7 days. If the transfer is not confirmed by the bank within this period, the order will be canceled. The order will not be processed until the transfer is confirmed. The transfer order must include the order number as well as the customer’s name and email address.

• Credit card: Carte Bleue (Visa, Mastercard). Payments will be processed through Lyra Network and its secure payment platform, Payzen, using SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by software and that no third party can access it while it is in transit over the network. The Daniel Maghen Gallery does not accept payments made with American Express.

• PayPal: To use this payment method, you must have a PayPal account. When paying via PayPal, PayPal’s Terms and Conditions apply..

Anti-Fraud Audit

Arts Graphiques oversees all orders placed on the Site. The Payzen payment service used by the site employs anti-fraud checks for e-commerce payments that prevent phishing. As part of these checks, we may need to ask you to provide any supporting documents necessary to release your order.

Bill

Paid invoices can be sent in paper form along with the order. Paid invoices (in digital or paper format) are not sent automatically; customers must request them from the Gallery team by phone, email, or by using our contact form.

Failure to Pay

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

Order Change

Any request to modify an order must be submitted in writing to Arts Graphiques via our contact form before the item is shipped.
After 24 hours, any order will be considered final and must be paid in full by the Customer, who shall not be entitled to any indemnity or compensation other than the fulfillment of the order.

Contract Termination / Cancellation Period

In accordance with Article L221-18 et seq. of the Consumer Code, buyers have a 14-day (fourteen-day) withdrawal period beginning the day after receipt of their order to return the product to the seller for an exchange or refund without penalty, except for return shipping costs, which shall in all cases be borne by the customer. The period begins on the day after the item is received (or upon first presentation in the case of registered mail with return receipt, or upon pickup by the customer or a third party authorized by the customer at the Daniel Maghen Gallery).

Any returned item must be shipped in its original packaging to ensure its protection, via registered mail with return receipt and signature required. In the absence of proof of return shipment from the customer, the product(s) will be considered not returned, and the payment will be retained.
Arts Graphiques reserves the right to refuse any return in which the item has been damaged during shipping. In the event of damage to the product caused by the customer or during shipping, the Daniel Maghen Gallery reserves the right to issue a partial refund to the customer in order to proceed with the restoration of the damaged item(s).

Force majeure

The Daniel Maghen Gallery shall not be held liable for any failure to perform the contract or fulfill an order caused by an event constituting force majeure or unforeseeable circumstances.
 

3 - Delivery

Deliveries are made to the address provided at the time of the order and on the order form. The address must be valid to allow for in-person delivery upon signature and cannot be a post office box or a “hold for pickup” address.

The buyer assumes all risks once the products have left the premises of Arts Graphiques. In the event of damage during shipping, a written complaint must be filed with the carrier within three days of delivery.
All stated delivery times are calculated in business days.

Shipping and Delivery Times

The Site uses the services of La Poste Colissimo Expert and DHL.
The shipping time, including preparation time, is 20 business days. Added to this will be the carrier’s delivery time (La Poste Colissimo / DHL / carrier) as well as customs clearance procedures in the case of shipments outside the European Union. In accordance with Article 28 of the Châtel Law (Article L216-1 et seq. of the Consumer Code), the Site specifies a delivery deadline that can be viewed before the contract is concluded.
Generally speaking: the delivery time will be 20 days, with the possibility of an extension in the event of an exhibition extension. For shipments, the customer is informed of the estimated date of the exhibition’s end and when the order will be available on the product’s detailed page.

Shipping and handling fees and other taxes

The various taxes applicable depending on the customer’s country of residence are and remain the sole responsibility of the purchasing customer, who accepts this upon placing the order.
Shipping and insurance costs associated with delivery are set by Arts Graphiques based on the order value and are charged in full to the customer’s account. Galerie Daniel Maghen reserves the right to modify its shipping rates based on rate changes implemented by third-party service providers (La Poste Colissimo / DHL / Carrier) and on changes in the cost of raw materials required for the preparation of secure packaging.
Arts Graphiques will not make false declarations or provide an incomplete description of the item in order to reduce or eliminate any customs clearance fees or local taxes.

Delivery Issues

It is the buyer’s sole responsibility to inspect the condition of the package upon delivery and to refuse delivery from the postal service if they notice that it has been tampered with or damaged.
If the original packaging is damaged, torn, or opened at the time of delivery, you must then check the condition of the items. If the items have been damaged, you must refuse the package and note a reservation on the delivery slip (package refused because it was open or damaged). You must verify that the delivered goods are in accordance with the order at the time of delivery and before signing the carrier’s delivery slip. You must indicate any issues with the delivery on the delivery slip in the form of handwritten reservations accompanied by your signature. This verification is considered complete once the buyer, or a person authorized by the buyer, has signed the delivery slip. Any package accepted is considered “accepted as is.”

To obtain a refund for the items, the buyer must notify us on the day of delivery or, at the latest, on the next business day following delivery, of any issues discovered by sending us a message via our contact form. The buyer must provide a detailed description of the problem (e.g., damaged package, package already opened, etc.) along with photos showing the damage.

Order Cancellation Due to a Delivery Delay

The Customer may cancel their order by registered mail with return receipt, accompanied by a cancellation request submitted via our contact form, provided that the delivery delay exceeds twenty (20) business days beyond the delivery deadline that was specified to them prior to the conclusion of the contract. The amount corresponding to the canceled order, charged by the Site, will then be refunded to the buyer within thirty (30) days of the cancellation of said order. Notwithstanding the foregoing, if the buyer has received the ordered products after canceling the order, the refund will not be issued until the Site has received the returned items, provided that the order is complete and in its original, undamaged condition.
In this case, return shipping costs will also be reimbursed to the buyer upon submission of supporting documentation.

4 - Customer Service

Customer service is available to provide advice or answer questions Tuesday through Saturday from 10:30 a.m. to 7:00 p.m. at the following phone number: 01 42 84 37 39 (no surcharge) or by email via our contact form.
Questions regarding orders should be directed to our teams via our contact form.

Please note: To help us process your requests more efficiently, be sure to provide your name and email address, as well as your order reference number and/or the reference numbers of the works in question—each work is identified by a unique “ID” number listed on its product page.
To place an order, you can visit the Galerie Daniel Maghen at 36 rue du Louvre in Paris, or visit danielmaghen.com.

Consumer Mediator

In accordance with Articles L.611-1, L.612-1, L.616-1, and R.616-1 of the Consumer Code, any consumer has the right to use a mediation service free of charge to seek an amicable resolution of any dispute with Arts Graphiques regarding the performance of the sales contract entered into on the Website. Before referring the matter to a mediator, the consumer must first have attempted to resolve the dispute directly with our customer service department, via the contact form or by emailing commandes@danielmaghen.com. The list of mediators accredited by the Commission for the Evaluation and Control of Consumer Mediation (CECMC) is available at economie.gouv.fr.

By accessing or using this Site, you are deemed to have accepted these General Terms and Conditions of Sale and Use, and we reserve the right to deny access to all or part of the Site to any user who fails to comply with them. You further agree not to post or transmit any text or images that are unlawful or likely to offend public sensibilities, including, but not limited to, hateful or pornographic content, or content that incites similar behavior.
Arts Graphiques reserves the right to take any measures or initiate any legal action it deems necessary should its Website be used to disseminate material of this nature.
Please note that the Website is governed by French law, subject to the jurisdiction of French courts, and that its official language is French.

1 - Intellectual Property

The Website and each of its components (its site structure, trademarks, graphics, text, photographs, images of the original plates, Flash animations, etc.) are subject to French law, particularly laws relating to copyright, databases, and intellectual property. In particular, the “Galerie Daniel Maghen” trademark and its logo are the property of Arts Graphiques, 36 rue du Louvre, 75001 Paris.

All other trademarks mentioned are the property of their respective owners. Any reproduction, display, publication, transmission, or, more generally, any unauthorized use of the Website and/or its elements makes you liable and may result in legal action, particularly for infringement.

Any link to the danielmaghen.com website must be authorized in advance by Arts Graphiques.

All images, illustrations, and works presented or reproduced on the Site are strictly protected by copyright and intellectual property law in France, Europe, and worldwide; any reproduction or representation, in whole or in part, of the images or the danielmaghen.com website is strictly prohibited. Each author whose works are presented, displayed, or reproduced on the danielmaghen.com website retains full and complete ownership of their copyright (or “copyright” under Anglo-Saxon law); Arts Graphiques cannot be held liable for any prohibited use that may be made of such works.

2 - Personal Information and Cookies

Our complete policy on the collection and use of personal data is available on the Personal Data and Cookies pages, in accordance with the GDPR (EU Regulation 2016/679).

 

3 - Links

The Site may contain links to other websites that we do not operate. We cannot be held liable in any way for providing these links that allow access to such external sites and sources, and we assume no responsibility for the content, advertisements, products, services, or any other material available on or from such external sites or sources, which are neither verified nor approved by our teams.

4 - Accuracy of Information and Changes to the Site

Arts Graphiques is committed to taking all reasonable measures to ensure that the information published on the Site is accurate and up-to-date. However, it cannot guarantee the complete absence of errors or omissions and encourages users to report any inaccuracies they may find so that they can be corrected as soon as possible.

Arts Graphiques reserves the right to modify, correct, or discontinue, at any time and without notice, all or part of the Website’s content or these terms and conditions, without incurring any liability in this regard, provided that such changes do not affect orders that have already been confirmed.

In particular, when an error in the documentation regarding the nature of a work is identified, its description may be corrected and its price reassessed by the Gallery, in line with the artist’s current market value. This is the case, for example, with an illustration presented as a standalone drawing that turns out to be a published cover or a cover design—categories whose value differs significantly in the art market. This revaluation does not apply under any circumstances to orders that have already been placed and paid for as of the date of the correction.

5 - Responsability

The downloading of any content from the Site is the sole responsibility of the user, who is responsible for ensuring the compatibility and security of their equipment. Unless Arts Graphiques is proven to be at fault, the company shall not be held liable for any damage caused to the user’s computer equipment or for any loss of data resulting from such a download.

More generally, Arts Graphiques’ liability arising from the use of the Site may be invoked only in the event of proven negligence and shall be limited to compensation for direct, personal, and specific damages suffered by the user, excluding any indirect damages such as loss of opportunity, loss of data, or commercial loss.

6 -  Website Availability

It is technically impossible to guarantee that the Site will be free of defects, as such defects may cause the Site to be temporarily unavailable. The operation of the Site may be affected by events or factors beyond our control, such as the means of transmission and communication between the user and us, or between us and other networks.

Arts Graphiques and/or its technical service providers may, at any time, modify, suspend, or discontinue, temporarily or permanently, all or part of the Site, particularly for the purposes of maintenance, improvement, or updating. The user will be notified, to the extent possible, of any significant interruption in the services available on the Site.

Unless proven otherwise, Arts Graphiques shall not be held liable for the consequences of the Site’s unavailability, interruption, or suspension, particularly when such unavailability, interruption, or suspension results from a force majeure event, the actions of a third party, or a failure of communication networks. However, this limitation shall not have the effect of preventing the user from having an order that has already been confirmed fulfilled in accordance with these terms and conditions.

7 - Website Hosting

The Website is hosted by Cognix Systems using OVH's servers

OVH
2 rue Kellerman, 59100 Roubaix (FRANCE)
B424 761 419

8 - Mattéo Bandes Dessinées

The website www.danielmaghen.com is published by Mattéo Bandes Dessinées, whose registered office is located at:

36 rue du Louvre - 75001 Paris
Tél. : 01 42 84 37 39
SIRET : 42187555000046
TVA : FR53421875550
SARL unipersonnelle
Capital social : 7.622,00 EURO

Registered with the Paris Trade and Companies Register under number: 421875550
Represented by Mr. Daniel Maghen, in his capacity as executive.

9 - Litigation and Jurisdiction

In the event of any dispute arising from the application of these general terms and conditions of sale, jurisdiction is assigned to the courts of Paris and/or the Paris Court of Justice, with each party electing domicile at the addresses listed on the order form.
Arts Graphiques elects domicile at its corporate headquarters.

10 - Annexe

Code civil
Code de la consommation
Code de la propriété intellectuelle