GENERAL TERMS AND CONDITIONS
Between Mrs. Ayla VALIYEVA, artist subject to the contribution of the Maison des Artistes, domiciled at 19 rue de Lépante
SIRET: 90003258200018
Email: contact@koailaart.com
General conditions of sale of products sold on https://www.koailaart.com/
Date of last update: 25/10/2022, hereinafter the "Seller". Firstly.
And the natural or legal person proceeding to the purchase of products or services of the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been exposed and agreed as follows:
Preamble
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The Seller is a publisher of products exclusively for consumers, marketed through its website: https://www.koailaart.com/. The list and description of the goods offered by the Seller can be consulted on the aforementioned site.
Article 1 : Object
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These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the Seller's website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Seller's website at the following address: https://www.koailaart.com/
The Seller also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
Article 3 : Price
As a freelancer subject to the contribution of the Maison des Artistes, Ayla VALIYEVA is not subject to VAT. The prices of the products sold through the website are indicated in Euros, all taxes included, and precisely determined on the product description pages. They are also indicated in Euros All Taxes Included on the product order page, excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Seller reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Seller's websites are the responsibility of the Customer. Where applicable also the delivery costs.
Article 4 : Conclusion of the contract online
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order.
The steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if necessary of its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Delivery of products.
The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a link on which he can download the general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Produits et Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the website. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the website.
Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided. In accordance with the legal provisions regarding compliance and latent defects, the Seller reimburses or exchange defective products or products that do not correspond to the order.
The customer's attention is drawn to the fact that these goods sold are handcrafted. Slight differences may appear between the product received and that displayed on the site, without being a sign of inferior quality. Any complaint must be communicated by email to this contact@koailaart.com within the legal withdrawal periods mentioned in article 9.
The refund can only be made after receipt by the Seller of the products returned by the Customer. The buyer must return the goods in their original condition and packaging. The return of the goods is carried out at the expense, risk and peril of the buyer. The refund will be made according to the same terms as the payment.
Article 6: Retention of title clause
The products remain the property of the Seller until full payment of the price.
Article 7: Terms of delivery
The products are delivered to the delivery address which was indicated during the order and the time indicated. This time does not take into account the order preparation time. In the case of a special order, made to measure and based on an estimate, the Seller may be required, in the interest of the customer, to extend the delivery time in order to check the quality of the product. This may in particular be necessary when ordering personalized illustrations, given the personalized nature of the operation. It may also be offered to the customer to pick up the product at the workshop in order to shorten the deadlines and the comings and goings of certain orders.
In the event of a delay in shipment, the Seller will inform the Customer by email.
In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the product delivered.
Article 8: Availability and presentation
Orders will be processed within the limits of our available stocks. Some unavailable items may be restocked later, in this case, the words "out of stock" will be displayed on the product and the order will be impossible.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card via Stripe. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled. The order is validated when Stripel has informed the Seller that the amount has been credited to his account.
Article 10: Withdrawal period
In accordance with Article L. 121-21 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. “The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company as follows: the Customer must imperatively inform the seller by email of his desire to return the product. We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for the provision of services whose execution has begun, with the consumer's agreement, before the end of the seven-day period, in particular the launch of the manufacture of made-to-measure products, such as puzzles, for example, or any other product whose production and price have been established by mutual agreement and after validation by a quote. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased will be refunded, the return costs remain the responsibility of the Customer. Returns of products must be made in their original and complete condition (original packaging, accessories, instructions, etc.) so that they can be resold in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to the following address: Ayla VALIYEVA 19 rue de Lépante 06000, Nice, France
Refund procedure: Upon receipt of the returned package, and after verification, the total sum (order) will be credited to the customer's account by the same means as payment, namely the secure Stripe platform.
Article 11: Warranties
All products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made by email to this address: contact@koailaart.com within 30 days of delivery.
The products must be returned in the state in which you received them with all the elements (accessories, packaging, instructions, etc.). The shipping costs will be reimbursed to you on the basis of the price invoiced and the return costs will be reimbursed to you on presentation of the supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 12: Complaint
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: contact@koailaart.com
Article 13: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14 : Force Majeure
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
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Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the controller (the Company) by RAR letter.
Article 16: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Our general conditions of sale have been drawn up from a free and free model which can be downloaded from the site – https://www.donneespersonnelles.fr/