Terms and Conditions | MG Art Studio

TERMS AND CONDITIONS

Effective Date: January 03, 2023

Welcome to the website of Merelyn González, operating as MG Art Studio.

These Terms and Conditions apply to all purchases made through www.merelyngonzalez.com and govern the use of our website, products, and services.

Before making a purchase or using our services, customers are responsible for reading and understanding these Terms and Conditions.

By placing an order through www.merelyngonzalez.com, customers acknowledge and agree to the Terms and Conditions published on this website, including all policies relating to shipping, customs clearance, returns, unclaimed shipments, and additional charges.

1. Company Information

Website: www.merelyngonzalez.com
Company Name: MG Art Studio
Address: Frøyerveien, Sandnes, Norway
Email: art@merelyngonzalez.com

2. General Terms

By agreeing to these terms, you confirm that you are at least 18 years old.

MG Art Studio reserves the right to reject or modify orders, particularly in cases involving incorrect or incomplete personal information, suspected fraud, or product unavailability.

We reserve the right to refuse service at our discretion, subject to applicable law.

Please note that information transmitted through our website may pass through various networks and undergo technical adjustments. Credit card information is encrypted during transmission.

You may not reproduce, duplicate, copy, sell, resell, or exploit any part of our website, services, artwork, images, or content without our express written permission.

3. Information Quality and Timeliness

MG Art Studio makes reasonable efforts to ensure that all information provided on our website is accurate, complete, and up to date.

However, occasional typographical errors, inaccuracies, or omissions may occur concerning product descriptions, pricing, promotions, shipping charges, estimated delivery times, and product availability.

We reserve the right to correct errors and update website content at any time.

Product availability may change without notice, particularly because many artworks are original, one-of-a-kind pieces.

MG Art Studio reserves the right to modify, suspend, or discontinue services or products, subject to existing contractual obligations and applicable law.

4. Product Information and Offerings

We make every effort to accurately display and describe the colors, dimensions, materials, and appearance of our artwork.

However, we cannot guarantee that computer monitors or mobile devices will accurately reproduce the colors or textures of the original artwork.

Original artworks may contain natural variations in texture, brushwork, and finish, which are part of their unique characteristics.

Customers are encouraged to review product descriptions and dimensions carefully before purchasing.

5. Orders and Payments

All prices are displayed in the currency indicated on our website.

Shipping charges, where applicable, will be communicated as part of the ordering process.

International customs duties, import taxes, clearance fees, and related charges are not included in the purchase price unless expressly stated otherwise.

Orders are subject to payment confirmation and artwork availability.

For commissioned or customized artwork, production timelines and payment arrangements will be agreed upon before work begins.

6. Shipping and Delivery

MG Art Studio ships artwork from Norway to domestic and international destinations.

We take reasonable care to ensure that artwork is securely packaged and prepared for transportation.

Shipping times are estimates and may vary depending on the destination, customs procedures, carrier operations, and circumstances outside our control.

Customers are responsible for providing complete and accurate delivery information, including their name, address, telephone number, and email address.

Once an order has been dispatched, tracking information will be provided where available.

Customers are responsible for monitoring shipment tracking, responding to requests from shipping carriers or customs authorities, and taking the necessary steps to receive their packages within the designated delivery or collection period.

Failure to fulfill these responsibilities may result in additional charges, as described in the following sections.

7. Customs and Levies

For international orders, shipments are generally made on a Delivered at Place (DAP) basis under Incoterms® 2020, unless otherwise agreed.

Under DAP, MG Art Studio arranges transportation to the designated destination, where the goods are made available ready for unloading. The allocation of transportation risks follows the applicable DAP rules and mandatory consumer protection laws.

Unloading, where applicable, is at the buyer's risk and expense.

Customers are responsible for all applicable import duties, taxes, customs clearance fees, and related charges imposed by the destination country.

These charges are not included in the artwork's purchase price or the original shipping cost unless explicitly stated.

MG Art Studio cannot calculate or guarantee the exact amount of customs duties or taxes, as these are determined by the relevant customs authorities and shipping carriers.

Customers are responsible for understanding the customs regulations and import requirements applicable in their country before placing an order.

MG Art Studio does not cover customs duties, import taxes, or clearance fees that are the customer's responsibility.

Taxes, duties, and additional charges resulting from refused or unclaimed packages may also be recovered from the customer in accordance with the provisions below.

8. Unclaimed, Refused, or Undeliverable Shipments

Customers are responsible for ensuring that their orders can be successfully delivered, including completing customs clearance, paying applicable import charges, and collecting or accepting their shipments within the deadlines established by the shipping carrier.

A shipment may be considered unclaimed, refused, or undeliverable when delivery cannot be completed due to circumstances attributable to the customer, including:

Failure to pay customs duties, import taxes, or clearance fees.
Failure to collect the package within the carrier's designated collection period.
Refusal to accept delivery without a legally valid reason.
Failure to provide required customs documentation.
Providing incorrect or incomplete delivery information.
Failure to respond to reasonable requests from the shipping carrier necessary to complete delivery.

In these circumstances, the shipping carrier may return the package to MG Art Studio or take other action in accordance with its procedures.

Customers are responsible for additional costs directly resulting from their failure to clear customs, accept delivery, or collect their shipments, to the extent recoverable under applicable law.

These costs may include:

Return shipping and transportation charges.
Storage and warehouse fees.
Additional customs processing charges.
Administrative and handling fees imposed by the carrier.
Other necessary expenses directly resulting from unsuccessful delivery or return transportation.

MG Art Studio does not voluntarily assume the financial responsibility for return shipments caused by a customer's failure to fulfill their customs or delivery obligations.

Where the return results from the customer's failure to fulfill their obligations, MG Art Studio reserves the right to recover reasonable and documented charges imposed by the shipping carrier.

These charges may be recovered through deductions from an otherwise payable refund or through a separate invoice.

MG Art Studio will make reasonable efforts to assist customers with delivery-related issues when notified. However, customers remain responsible for monitoring tracking information and responding to communications from the shipping carrier.

9. Returns and Exchanges Policy

Returns of Undamaged Artwork

MG Art Studio does not offer complimentary returns or exchanges for correctly supplied, undamaged artwork.

Customers who wish to return artwork because they have changed their mind, no longer wish to keep it, or decide that it does not suit their preferences are responsible for the direct return shipping costs.

For purchases not subject to a longer statutory withdrawal period, MG Art Studio offers a voluntary return request period of seven (7) days after receipt.

For eligible online consumer purchases, the statutory right of withdrawal is normally fourteen (14) days after receipt of the artwork.

Customers wishing to return an artwork must notify MG Art Studio by email at art@merelyngonzalez.com, providing their name, order information, and a clear statement of their decision to return or withdraw from the purchase.

The artwork must be securely packaged and protected during return transportation.

Customers are responsible for arranging and paying for direct return shipping when returning correctly supplied, undamaged artwork.

We strongly recommend using a tracked and insured shipping service.

MG Art Studio reserves the right to assess the condition of returned artwork and apply legally permitted deductions for diminished value resulting from excessive handling or damage attributable to the customer.

Refunds will be processed in accordance with the applicable return conditions and statutory deadlines.

Custom Frames and Commissioned Artwork

Custom frames and commissioned artwork produced to the customer's individual specifications or clearly personalized requirements are not eligible for voluntary returns.

Where these products qualify for an exception to the statutory right of withdrawal, that exception will apply.

This policy does not affect statutory rights concerning defective or incorrectly supplied products.

10. Refunds for Unclaimed or Returned Shipments

If an artwork is returned to MG Art Studio because the customer failed to complete customs clearance, pay applicable import charges, accept delivery, or collect the shipment, MG Art Studio will review the circumstances and any resulting expenses.

MG Art Studio reserves the right to recover reasonable and documented additional charges directly caused by the customer's failure to fulfill their delivery or customs obligations.

Such charges may include return freight, storage costs, customs processing fees, and other necessary carrier-imposed expenses.

Where legally permitted, these expenses may be deducted from a refund otherwise payable to the customer or recovered through a separate invoice.

Any deductions will be itemized and supported by the relevant invoices or documentation.

MG Art Studio is not obligated to voluntarily absorb additional transportation or customs-related expenses resulting from a customer's failure to fulfill their agreed responsibilities.

Original shipping costs and any refundable purchase amounts will be handled in accordance with applicable law.

An unclaimed shipment does not automatically constitute a valid cancellation or exercise of the statutory right of withdrawal.

Customers wishing to cancel or withdraw from a purchase must communicate their decision in accordance with the applicable cancellation or withdrawal requirements.

Any legally required refunds will be processed within the applicable statutory deadlines.

11. Artwork Damaged During Transportation

MG Art Studio takes reasonable care to ensure that artwork is securely packaged and prepared for transportation.

However, damage may occasionally occur during shipping due to the handling or operations of third-party carriers.

Reporting Transportation Damage

Customers are requested to inspect the artwork and packaging promptly upon delivery.

If damage is discovered, customers should contact MG Art Studio as soon as reasonably possible at art@merelyngonzalez.com.

Customers are requested to provide photographs of the damaged artwork, external and internal packaging, shipping label, and any visible damage to the package.

Customers should retain the original packaging and artwork where reasonably possible to assist with the carrier's investigation.

Carrier Claims and Investigations

Where damage appears to have occurred during transportation, MG Art Studio reserves the right to investigate the circumstances and submit a claim to the responsible shipping carrier.

Customers are expected to provide reasonable cooperation and supporting documentation to assist with the investigation.

MG Art Studio reserves the right to seek reimbursement from the shipping carrier for losses attributable to its handling of the shipment.

Refunds for Transportation Damage

Where an artwork has been damaged during transportation, MG Art Studio will review the available evidence and determine the appropriate resolution.

Depending on the circumstances, this may include repair, replacement where possible, a price reduction, or a refund.

MG Art Studio may investigate the damage and verify the circumstances before determining the appropriate remedy.

Any statutory refund or remedy due to the customer will be provided within the legally required timeframe, independently of the outcome of a separate claim against the shipping carrier.

Damage During Customer-Arranged Returns

Customers arranging their own return transportation are responsible for securely packaging the artwork and taking reasonable steps to protect it from damage.

Where permitted by law, customers may be responsible for damage resulting from inadequate packaging, excessive handling, or failure to meet their return obligations.

MG Art Studio reserves the right to assess the returned artwork and make any legally permitted deductions for diminished value.

12. Customer Responsibilities

Customers are responsible for:

Providing accurate personal and delivery information.
Reviewing artwork descriptions and dimensions before purchasing.
Monitoring shipping and tracking updates.
Completing applicable customs clearance procedures.
Paying import duties, taxes, and customs clearance fees.
Collecting or accepting shipments within the carrier's designated period.
Responding promptly to reasonable requests from shipping carriers or customs authorities.
Securely packaging artwork when arranging returns.
Paying applicable return shipping costs and other recoverable charges resulting from failure to fulfill their obligations.

MG Art Studio reserves the right to recover reasonable, documented expenses directly resulting from a customer's failure to fulfill their contractual obligations, in accordance with applicable law.

13. Unforeseen Circumstances

MG Art Studio is not liable for delays or failures to fulfill contractual obligations caused by extraordinary circumstances beyond our reasonable control, to the extent permitted by law.

These circumstances may include general labor disputes, extreme weather, pandemics, acts of war, fire, lightning, terrorist attacks, changes in governmental orders, significant technical failures, telecommunications disruptions, and delays affecting suppliers or service providers.

If such circumstances arise, MG Art Studio will notify the affected customer as soon as reasonably possible.

If the situation continues for more than two months, either MG Art Studio or the customer may request termination of the affected purchase, subject to applicable law.

Any resulting refunds or remedies will be handled in accordance with applicable legal requirements.

14. Changes to Terms and Conditions

MG Art Studio reserves the right to update these Terms and Conditions to reflect changes in business operations, shipping procedures, legal requirements, or customer service policies.

Updated terms will be published on www.merelyngonzalez.com with a revised effective date.

Changes will apply to purchases made after the updated terms take effect.

Existing purchases remain subject to the terms applicable at the time of purchase unless otherwise validly agreed or required by law.

15. Applicable Law and Consumer Rights

These Terms and Conditions are governed by Norwegian law, subject to any mandatory consumer protection provisions applicable to customers in their country of residence.

Nothing in these Terms and Conditions excludes or limits statutory consumer rights that cannot legally be waived.

If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

16. Contact Information

For questions regarding these Terms and Conditions, shipping, customs, returns, or refunds, please contact:

MG Art Studio
Merelyn González
Frøyerveien, Sandnes, Norway
Email: art@merelyngonzalez.com
Website: www.merelyngonzalez.com