Terms and Conditions
Design & Conception: Curius Agency
Motion Design: Yota
Music: Marmoset LLC
Photos : Vincent Gramain (Magnicity board), Torsten Fritsche Die Lichtisten (Berlin Bar), Karl-Heinz Kraemer (Berlin History),
Other photos: Getty Images & Unsplash
What are cookies ?
Types of cookies
The following types of cookies may be used when you visit the Site:
Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.
Analytics cookies monitor how users reached the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Site won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Site.
Personalization cookies are used to recognize repeat visitors to the Site. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Site.
Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
Site Management Cookies
Site management cookies are used to maintain your identity or session on the Site so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
Third-party cookies may be place on your computer when you visit the Site by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
CONTROL OF COOKIES
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site.
For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links
OTHER TRACKING TECHNOLOGIES
In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
By using the website, you consent to the use by the M56 Group of personal data concerning you, which you have communicated. These data are necessary to send you newsletters in particular and allow you to benefit from certain services offered by this Site.
Under the law of January 6, 1978, you have the right to access, rectify or object to the personal data collected that concerns you. These rights can in particular be exercised, by email addressed to firstname.lastname@example.org.
LINKS TO OTHER WEBSITES
The website may contain links to third-party sites not edited or controlled by the M56 Group. Such links are provided for convenience only; they cannot and should not be interpreted as an express or implicit endorsement of these sites or of any product or service offered there. You may only provide a link to the M56 Group Site or one of the M56 Group sites without the express written consent of the M56 Group.
The website is governed as a whole by intellectual property law. The intellectual property rights on the documents and each of the elements contained on the Site, including in particular photographs, texts, videos, audios, infographics, logos, brands … constitute works. As such, the M56 Group does not grant any license or any right other than that of consulting the Site, with the exception of the right to distribute, without concession of the right of modification, certain content identified as being able to be shared on sharing sites.
In particular, the brands and other intellectual property rights cited on the Site are the property of the relevant entities of the M56 Group. The reproduction of any document published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited.
Any representation, modification, reproduction, misrepresentation, total or partial of the Site of all or part of the Site or its content, by any process whatsoever, and on any medium whatsoever would constitute an infringement within the meaning of articles L335-2 and following of the Intellectual Property Code.
In the event that you wish to use one of the contents of the website, you must obtain the written, express and prior authorization of the Groupe M56, by writing to the address indicated in the “legal information” paragraph or by sending an email to the webmaster.
Third party copyright
The M56 Group undertakes to respect the intellectual property rights of third parties and requires users and visitors to its website to do the same.
Any person may exercise their rights of access, modification, rectification or deletion of information concerning them by writing, having taken care to indicate the service within the framework of which their personal data have been entered, the following address:
33 avenue du Maine
75755 Paris Cedex 15
ARTICLE 1. SCOPE OF APPLICATION
The terms of sale described below (hereinafter referred to as the ‘Terms’) govern the contractual relationship between any user of the site magnicity.com (hereinafter referred to as a ‘User’ or ‘You’) and Magnicity, part of the M56 Group SA, with capital of €504,000, registered office at 33 avenue du Maine – 75015 Paris FRANCE and registered in the Trade and Companies Register of Paris under number 75 B 176.
These terms of sale apply to the sale of New Beginnings photographs, organised by Magnicity with the proceeds going to the CARE charity (hereinafter referred to as the ‘Site’). These changes are binding from the time they are uploaded (the upload date stated at the end of these terms) and cannot apply to agreements entered into previously. By confirming your order, You state that You have read and agree to abide by these terms.
ARTICLE 2. USE OF THE SITE
To use the Site, You must be at least 18 years old, have the legal capacity to enter into agreements and use this Site in accordance with these Terms. You guarantee that the information You provide on this Site is true and accurate. Magnicity reserves the right to cancel or refuse any order from a customer with whom there is a dispute regarding payment for a previous order or a reasonable doubt as to the accuracy of the information provided.
The Site is available in English and French and sales are made in euros.
1) KEY FEATURES OF THE PRODUCTS
The products sold on the Site are un-numbered art photographs. The photographs are sold unframed, printed on Hahnemuhle Fine Art Pearl 285 gr/m2 paper, using inkjet technology, size 40×60 or 60×60.
The photographs are accompanied by a biography of the artist on the website magnicity.com.
Each photo is sold at the fixed price of €200 including VAT and shipping within the European Union, excluding overseas departments and territories. Only payments in euros are accepted. The proceeds of the sale, excluding production and shipping costs, will be donated to the CARE charity.
Magnicity reserves the right to change the price of the photos at any time. The photos will be charged at the price stated on the site at the time of confirmation of the order, subject to availability.
2) PLACING AN ORDER
To place an order, You must follow the steps below:
- Information page showing a photograph. On this screen, You can choose the quantity of photos. You must click on ‘Add to cart’ to add this item to your cart, then ‘View Cart/Checkout’ to proceed to confirmation and payment.
- ‘Shopping Cart’ screen: You have the option to delete an item or change the quantities ordered.
- Customer identification screen (form)
- Summary screen and payment options. This screen allows You to choose your payment method and check all the information in your order (items, quantity, total price). You must make sure all this information is correct. Using the links on this screen, You can go back and change your order.
- You must then accept these terms of sale and use of the Site to proceed to the payment stage. You can read and print the terms from the link entitled ‘terms of sale’. You need to accept these terms by ticking the box next to this link. The terms of sale and use of the Site must be accepted for every order.
- Pay for your order using the payment method chosen.
- The sale is final upon confirmation of payment by the bank.
- You will be sent confirmation of your order by email in the next few minutes.
3) PAYMENT METHODS
You can use several payment methods to pay for your order on the Site:
- Visa, Mastercard, American Express
- Google Pay
4) SECURITY OF PAYMENTS
For card payments, the transaction is carried out by Stripe, the Internet payment system for professionals. The User’s bank details are encrypted in accordance with European Directive DSP2 and strong customer authentication. They do not circulate unencrypted on the Internet and cannot be intercepted. Your bank details (card number, expiry date, etc.) are not disclosed to Magnicity.
Processing of orders
Orders placed are shipped within 15 day for mainland France and up to 3 weeks for the European Union. All works ordered are shipped in a single order in a protective tube.
Magnicity sends orders to its partner Negatif+, which is responsible for the production and shipment of orders by Colissimo.
Delivery will be made to the ‘delivery address’ confirmed by You at the time of ordering. This address must be the same as the ‘billing address’.
In theory, it is not possible to change the delivery address after placing the order for logistical reasons. However, if You wish to change the delivery address, You can contact us and we will look into the feasibility of this according to your order.
We will do our best to deliver the products ordered within the time frame stated in the Delivery Email. The shipper Colissimo (La Poste) will contact You to arrange delivery of your package.
Although we do our best to deliver your products within the time frame set out above, delivery dates are only estimates, not guarantees, for which we accept no liability whatsoever.
Receipt of delivery
During receipt of your order, it is your responsibility to open the package to check the condition of the photographs or frames. If You do receive the package yourself, ask the person responsible for receiving the package to carry out these checks. In case of a problem, please return your package to the delivery driver (La Poste or private carrier) stating the problem and contact our customer services department on the same day.
Do not sign the delivery note if the order has arrived damaged. Complaints will not be considered if the delivery note has been signed.
7) RIGHT OF CANCELLATION
In accordance with article L. 221-18 of the French Consumer Code, You have the right to cancellation to return works with which You are not satisfied. To exercise this right, contact us by email at email@example.com, if possible with the subject ‘Cancellation of my purchase of [date] in the name of [your name] for the photo [name of the photographer and photo]’
For all orders on the Site, You have 14 calendar days to inform us of your return request.
Returns for cash on delivery are not accepted for any reason. Items returned without their original packaging or incomplete, damaged or soiled by the customer cannot be returned. Return costs are at your expense.
Magnicity will refund the price of items returned, including the original shipping costs (return costs are at your expense), within 30 days of receipt of the items or following receipt of proof of postage of the items. This refund will be credited to the bank card used for payment or by bank transfer.
8) RIGHT OF RETURN
If the works received do not match your order, You have the right of return. In this case, please let us know at the following address: firstname.lastname@example.org with the subject ‘Return of my purchase of [date] in the name of [your name] for the photo [name of the photographer and photo]’
ARTICLE 3. FORCE MAJEURE
Pursuant to article 1148 of the French Civil Code, Magnicity cannot be held liable or considered to be at fault in the processing of your order if any delay or non-performance results from a case of force majeure.
ARTICLE 4. PROTECTION OF PERSONAL DATA
Pursuant to the amended Data Protection Act no. 78-17 of 6 January 1978 and European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Magnicity.com hereby informs the User of its commitment to maintain the confidentiality, integrity and security of the data that the User may share with it through the Site.
All personal data that identifies You directly (including your first name, surname, mailing address, email address and telephone number) or indirectly (including digital traces left by your browsing on the Site) is considered and treated as confidential, subject to changes to the legal framework on the classification of personal data.
4.1. PROCESSING OF DATA RELATING TO THE SERVICES
The subscription to, access to and/or use of some Services involves the processing of personal data, to which You agree.
By using our portal or our services, the User is required to provide information or data to Magnicity.com, some of which allows them to be directly or indirectly identified.
The data collected comes from the voluntary provision of information by users wishing to access or use a Service that requires such processing, digital traces left by browsing on the Site or the sharing of data collected in this way by one partner with the other partner.
This data may be used for the purpose of managing transactions made on the Site and the sales activities of Magnicity.com.
This data is also used:
– To provide the services of Magnicity.com;
– To monitor relationships with users;
– To pass on requests for information made by the User to carriers.
The personal data of the User collected by Magnicity may include:
– their name
– their telephone number
– their mailing address
– a copy of communications between Magnicity.com and the User
TRACKING TOOLS AND APPLICATIONS
– Google Analytics (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA): traffic tracking and quantitative and qualitative analysis
ARTICLE 5. LIABILITY AND GUARANTEES
Magnicity makes every effort to ensure that the information published on this Site is both accurate and up to date. Magnicity reserves the right to correct the content of the Site at any time without prior notice.
This Site may contain links to other sites. Magnicity cannot be held liable for problems with the access to or content of these sites.
Magnicity shall not be liable for damage arising from the use or inability to use the Site.
Magnicity shall under no circumstances be liable for malfunctions attributable to software, whether or not it is incorporated into the Site or provided with it.
Magnicity undertakes to comply with any legal guarantees to which You may be entitled. In the event of defects of the goods, You benefit from the legal guarantees provided for by the legislation in force. Since the works available on our Site conform to French law, we cannot be held liable for violations of the legislation in the country of delivery of the work. We therefore ask You to familiarise yourself with the law in force in the country of delivery.
You benefit from the guarantees listed in article 5 only insofar as the products were bought directly on the Site.
You benefit from the following legal guarantees:
- legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).
You benefit from the legal guarantee of conformity of the product purchased for 24 months from the date of delivery (for example, if it does not match the description given on the Site or your order). In the event of non-conformity, it is your responsibility to contact us via the link email@example.com.
If You prove the non-conformity of the product, we will send You a replacement product when one is available. If we cannot replace the non-conforming product within thirty (30) days, You can request a full refund for the non-conforming product.
- legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).
You benefit from the legal guarantee against hidden defects of the product purchased for 24 months from the date of discovery of the hidden defect.
If You prove the hidden defect of the product, which makes the product unsuitable for use, we are legally required to repair all the consequences of the hidden defect (articles 1641 et seq. of the French Civil Code). You can then choose between cancellation of the sale or a price reduction (in accordance with article 1644 of the French Civil Code).
ARTICLE 6. INTELLECTUAL PROPERTY
1) RIGHTS OVER THE WORK
In recognition of their creative efforts, the artist remains the holder of copyright over their creation, under French law. The right to display and reproduce the works available on the Site magnicity.com belongs to their authors. Their joint authorisation is required for any use of these rights. Your rights over the work purchased are therefore limited to a strictly private right of use, excluding any right of display or reproduction.
2) INTELLECTUAL PROPERTY RIGHTS
All elements of the Site and the Site itself are protected by copyright and trademark rights. These elements belong to Magnicity or are used with the agreement of their owners. In this respect, any full or partial reproduction, display, use, adaptation, modification, incorporation, translation or sale, by any means and on any medium (paper, digital, etc.), is prohibited and constitutes an infringement of copyright and/or design and/or trademark rights.
ARTICLE 7. APPLICABLE LAW
These Terms are governed by French law. They are available in the language of the Site, cf art. II. In the event of a dispute arising from this contractual relationship, the User and Magnicity undertake to seek an amicable resolution before taking any legal action. In case of a dispute, only the French courts shall have jurisdiction.