Terms and Conditions
By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
1. INFORMATION DISCLAIMER
The Site and its original content, features, and functionality are owned by MEC Canada Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. INTELLECTUAL PROPERTY
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
3. DATA & PRIVACY
At certain points in the MECArtworks.com website navigation, you may be asked to share your email address or other personal identifying information with us. As provided in these Terms and Conditions, such information will never be distributed to a third party and it will never be publicly visible without your express written consent.
Your email address will only be used to send you the MECArtworks.com newsletter and/or to alert you to any information that you have specifically requested you be notified about.
4. GENERAL CONDITION OF SALES
These general conditions:
- (a) apply to all offers, estimates, sales, supplies, deliveries, as well as all measures and operations relating to or resulting from them taken or carried out by MEC Canada Inc. (hereinafter referred to as “MEC” or the “seller”), submitted and/or entered into with its distributors and/or dealers and/or in any event professional subjects purchasing MEC products, not as final customers, but as part of their sales or business activities (hereinafter referred to as the “buyer”);
- (b) all buyers are deemed to be familiar with them and they form an integral part of the order;
- (c) they cancel and in any event take precedence over any other conflicting clause printed and/or hand-written on orders, requests for offers, or in the buyer’s correspondence.
4.1 Offer & Acceptance
- No offer made by MEC shall be treated as binding.
- An order which is sent by the buyer to the seller in written form (also by fax, e-mail, or other electronic means) shall become binding on MEC solely and exclusively when the company sends the buyer its signed order confirmation.
- The supply shall include the materials and quantities of merchandise specified in the MEC order confirmation, which shall constitute the only document of reference when checking prices and quantities and shall have precedence over the offer and/or customer’s order.
- No request from the buyer for either cancellation or modification will be accepted by MEC once a period exceeding 4 days has elapsed from the date on which the order confirmation was issued, at which time it becomes irrevocable.
The prices applying to MEC products are those indicated in the order confirmation.
4.3 Packing of Material
- Standard packaging is included in the sale price.
- Mosaic is packed in specialized custom-made wooden pallets. The price of packaging other than the standard version shall be quantified when the order is placed.
- MEC packaging is not guaranteed in any way to provide the merchandise and products with waterproof protection.
4.4 Delivery Conditions
- Dates for delivery are not peremptory, unless otherwise agreed in writing.
- Delays do not, therefore, entitle the parties to make demands for damages or termination of the contract, even partially. The delivery date shall be taken to be that on which the delivery note is issued, or that on which the customer is notified that the goods are ready for delivery.
- Should force majeure prevents the seller from performing the contract, it may, at its discretion, without seeking the intervention of judicial authorities, either suspend execution until such time that the circumstances giving rise to the force majeure have ceased or terminate the contract either in whole or in part, without seeking the intervention of judicial authorities and without being liable for damages.
- Force majeure is taken to cover any circumstances beyond the seller’s control which permanently or temporarily prevent the execution of the contract, such as war or threat of war, uprising, partial or general mobilization, industrial strike, lack of raw materials, interruption in the supply of goods by subcontractors, unforeseen events that affect the business, transportation difficulties, import or export restrictions, frost, fire, epidemic, natural or other disaster and other unforeseen restrictions that render the manufacturing or transportation of the goods either partially or totally impossible. The provisions of this article also apply when the aforementioned circumstances relate to factories, suppliers, or other traders from whom the seller purchases goods or acquires services.
- MEC shall not be held liable any longer once the goods are handed over to the carrier (against whom the buyer must direct any complaints it may have).
- Do not accept the shipment if the packaging appears to be broken or affected badly. The buyer has the right to refuse acceptance or receiving a package that looks like it had been affected during the transit. The damaged package would be returned to the seller or handled accordingly. MEC cannot accept liability for damages incurred during shipment after the buyer has accepted and received the package.
4.5 Payment Conditions
- MEC supplies must be paid for in full adopting the methods described in the order confirmation and/or in the invoice.
- The terms contained in the order confirmation and/or in the sale invoices must be treated as peremptory and exceptions thereto shall only be permitted if a prior written agreement has been reached with the seller.
- The seller is entitled to demand, at its absolute discretion, total payment in cash in advance when the order is made.
4.6 Default or Delayed Payment
Once the payment date has fallen due, the buyer, if in breach of settlement, shall be considered automatically in default.
- Delayed payment, even partial, of invoices issued by MEC shall therefore immediately give rise to liability for default interest at the official reference rate increased by seven points and shall entitle MEC to charge any out-of-court legal expenses it has incurred in order to recover the amount outstanding.
- In the event of a delay on the part of the buyer or in the event that the seller has reason to fear that the buyer will breach its payment obligations, the seller may, without entitling the buyer to demand damages, without prejudice to any further rights or actions:
- demand payment in advance or a guarantee;
- refuse to process any other orders currently underway with the buyer;
- suspend or revoke, either in whole or in part, the execution of all supply contracts currently underway with the buyer or those connected with it, preceding or following it;
- revoke any favorable payment terms agreed upon, extending this to other contracts, thereby being entitled to demand immediately all sums currently owed by the buyer;
- suspend all obligations imposed upon it by any other contracts entered into with the buyer.
4.7 Conditions Applying to Return of Goods
- The goods supplied may not be returned, even partially, unless prior written authorization has been given by MEC.
- Customized/bespoke goods which have been made to order, cannot not be returned or refunded at any time.
- In order to return goods, the seller must receive a written request from the buyer within
eight days48 hours from receipt of the material. Requests received beyond that period will not be taken into consideration.
- A request to return goods must reach the seller before the goods are installed, otherwise, it will not be accepted.
- Goods returned due to errors on the part of the customer (color and/or quantity) or late variations to the order will not be accepted.
- The goods must be returned in their original packaging, completely intact, loaded on pallets if necessary, and protected from
- If the returned goods reach the MEC warehouse in a damaged state, they will not be accepted.
- The packaging must enclose a copy of the authorization form with the final date for the goods to be returned clearly marked, as well as the buyer’s transportation document which indicates, clearly and legibly, the quantity and description of the goods returned.
- The seller reserves the right to charge any costs whenever, after the materials have been checked at its factory premises, the request for their return proves to be unfounded.
- If a refund is authorized you shall be reimbursed 75% of the value of your mosaic, other costs such as duties and shipping costs cannot be refunded.
4.8 Responsibilities Concerning the Laying of Materials
- MEC does not in any way supply the service of laying the mosaic along with the supply of the material.
- MEC, therefore, declines all responsibility for defects and/or flaws that may be attributed to laying operations. The company does not therefore accept complaints or demands for compensation for damage stemming from defects and/or difficulties caused during laying operations that prejudice the use of the material supplied if the physical, chemical, mechanical, and dimensional characteristics of the said material conform to the standards established when it was ordered and supplied.
Any complaints about items or sellers may be sent to our support team: [email protected] or (+1) 647-772-3189. There is no guarantee of a resolution. Each case will be looked at individually, and the seller will be in contact as well.
The seller is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.
4.11 Patents, Trademarks, Distinctive Signs, Software
- The “MEC Artworks” logo and the design of the LEMNISCATE are trademarks of MEC. AddTek is MEC’s exclusive patented software.
- The buyer expressly recognizes that the MEC name and logo, its graphic composition, and know-how relating to the products supplied constitute intellectual and industrial property owned by MEC Artworks, Inc. and/or companies in the group protected by laws relating to copyright and industrial property. Any improper use thereof shall be sanctioned in accordance with the law.
- The buyer may not, under any circumstances, use, cancel or remove any indication relating to patents, trademarks, business names, or origin affixed by MEC to the products supplied without its prior written authorization.
5 CHANGES TO THIS AGREEMENT