General condition of sales
ARTICLE 1 – SCOPE OF APPLICATION
The present general conditions of sale govern the online sale of products on the website www.KAMI-ARTS.com. They are concluded between our company KAMI-ARTS, S.A.S with single partner with the capital of 15.000 euros, registered with the RCS of AIX-EN-PROVENCE under the number 851157164, whose registered office is located 1 Rue du Grand Logis, 13510 Éguilles, France, hereafter called “KAMI-ARTS”, and the consumer, hereafter called “Customer”.
Are consumers all natural persons who do not act for the needs of their professional activity.
Any order on our website www.KAMI-ARTS.com expressly implies that the Customer is aware of these terms and conditions of sale, prior to the order and irrevocable adherence without reservation or conditions of the Customer to all their content. The validation of the Order by the Customer therefore implies express acceptance of these general terms and conditions.
No Order or Pre-Order can be technically registered on the KAMI-ARTS website without the Customer having, beforehand, expressly confirmed to have read and accepted the General Terms and Conditions.
KAMI-ARTS recommends to the Customer to save or edit the present General Terms and Conditions, on a durable support, at the time of its acceptance.
KAMI-ARTS may modify or update its General Terms and Conditions at any time and without prior notice. The general conditions of sale applicable to the Customer are those in force on the site, which he validated by a click at the time of his order.
ARTICLE 2 – PRODUCTS
The Product is defined as a collector’s statue, new, printed and painted, manufactured and produced according to a Prototype, in a limited number of copies, sold with its certificate of authenticity, available only within the limit of the Stock, intended for a public of more than 15 (fifteen) years old. The Product is not a toy but a collector’s item, protected under an official license. KAMI-ARTS reserves the right to sell the Products directly to its Customers on its Internet site or via its partner stores.
The Prototype is the model on the basis of which the Products are manufactured.
The Stock is the set of already manufactured Products available at KAMI-ARTS and/or its partner stores. In case of stock shortage for a Product, the Order placed by the Customer will be cancelled and any payment paid by the Customer will be fully refunded by KAMI-ARTS as soon as possible, with the option for the Customer to replace the ordered Product by another Product of his choice. In such a case, a refund will be possible if the new Product chosen is less expensive or conversely, if the Product chosen is more expensive, the Customer will pay the surplus.
The products offered for sale are those appearing on the site on the day of its consultation, within the limits of available stocks.
KAMI-ARTS displays the colors of its products with the maximum possible fidelity.
ARTICLE 3 – PRICES
The prices of the products are indicated in euros, inclusive of tax, according to the VAT rate in force on the day of the order, excluding participation in the shipping costs for deliveries outside France.
The price of the shipping costs, invoiced in supplement, is indicated before the final validation of the order, except in the case of free shipping, expressly mentioned at the time of the order.
In the case of a purchase or delivery outside the European Union, customs duties and all import taxes will be charged to the Customer, payable upon receipt of the products.
KAMI-ARTS reserves the right to modify its prices at any time. The price in force is the one displayed on the site at the time of the order on the site by the Customer.
ARTICLE 4 – ORDER
An Order is the purchase made directly by the Customer on the KAMI-ARTS website for a Product available in Stock with immediate and full payment of the Price.
A Pre-Order is a special order made directly by the Customer on the KAMI-ARTS website for Products in the course of manufacture and not yet available in Stock by means of a firm reservation, with payment by the Customer of the totality of the Price.
In case of cancellation of an Order or Pre-Order, 10% (ten percent) of the Price of each Product is non-refundable.
Orders or Pre-Orders are made exclusively by Internet, from the www.KAMI-ARTS.com website or through partner stores.
At the time of the first Order or Pre-Order, the Customer must, beforehand, create his online account by providing the personal information required in the registration form. The Customer must ensure the accuracy of the contact information he provides and correct any data entry errors before validating the order. KAMI-ARTS cannot be held responsible for any failure to deliver due to errors in data entry by the Customer.
It is up to the Customer to check at the time of the Order or Pre-order, the nature, the number, the color, the size and the price of the chosen items.
KAMI-ARTS submits the present general conditions of sale to the Customer’s approval, prior to the placing of the Order or Pre-order.
Any purchase order, validated by a double click of the Customer, constitutes a final acceptance of the contract.
For each Order or Pre-order, an email of confirmation of this one is sent by KAMI-ARTS to the Customer, containing the reminder of the contents of its order and the terms of sale.
For any information or question relating to the products or the follow-up of the Orders, the Customer can contact KAMI-ARTS’ customer service at the following coordinates:
KAMI-ARTS, 1 Rue du Grand Logis, 13510 Éguilles, France
Or by email at: email@example.com
ARTICLE 5 – PRODUCT AVAILABILITY
The stock availability of the products is mentioned on the online product sheets, and reported on the Customer’s order form.
If the order cannot be delivered because of the unavailability of the product, occurred between the order and the delivery, KAMI-ARTS will inform the Customer by any means.
The Customer will choose between a refund of the product by KAMI-ARTS, within a maximum period of thirty days or the receipt of a product of equivalent quality and price offered by KAMI-ARTS. In case of an equivalent product, the consumer will have the withdrawal period referred to herein.
ARTICLE 6 – PAYMENT
In the event of Order: The Customer is expressly informed that the placing of the Order obliges him/her to pay in full and immediately by validating his/her Order on the KAMI-ARTS website “with obligation of payment” – this precision being clearly and legibly mentioned on the KAMI-ARTS website. The full payment of the Price linked to the Order is immediate.
In case of Pre-Order: The Price may be paid by the Customer in different installments, possibly in three (3) installments free of charge, upon express request by the Customer, validated at the time of the registration of his Pre-Order. The Product is delivered only after full payment of the balance of the Price and delivery costs.
KAMI-ARTS reserves the right to cancel any Order or Pre-Order in case of non-payment by the Customer of the balance of the Price, in such a hypothesis, 10% (ten percent) of the Price of each Product is non-refundable and remains acquired by KAMI-ARTS.
The payment of purchases is made by check, credit card, bank transfer or PAYPAL. All orders must be paid in euros, except for payment by Paypal, which allows you to choose another currency.
For the payments by check, these must be made out to the order of KAMI-ARTS and sent to the following address: KAMI-ARTS, 1 Rue du Grand Logis, 13510 Éguilles, France. The check must be issued by a bank domiciled in metropolitan France or Monaco.
For a payment by transfer to the order of KAMI-ARTS (the bank details will be delivered at the time of the Order).
KAMI-ARTS reserves the right to cancel the Order or Pre-Order, in the absence of reception of the transfer or the cheque within seven (7) days of the Order or Pre-Order, or in the event of rejection of the transfer or the cheque by the bank, notwithstanding the right for KAMI-ARTS to receive the 10% of the price of the Product for cancellation of the Order or Pre-Order.
In case of payment by credit card, the Seller uses the Secure Socket Layer (SSL) data encryption technology, allowing a secure payment.
ARTICLE 7 – DELIVERY
The delivery time is not an essential condition of the purchase/sale contract, neither for the Order nor for the Pre-Order. However, KAMI-ARTS shall use its best efforts to deliver the Products within a reasonable time:
(i) The Products that are the subject of an Order are shipped and delivered by KAMI-ARTS to the Customer within ten (10) days following the Date of conclusion of the purchase/sale contract.
(ii) Products subject to a Pre-Order are shipped and delivered to the Customer according to a delivery date which is specified on the KAMI-ARTS website for information purposes only, for each of the products, at the time of the conclusion of the contract. The Customer is informed by e-mail of the actual delivery date by KAMI-ARTS.
If KAMI-ARTS fails to comply with the delivery time referred to in (i) or (ii) above, the Customer shall have the right to require KAMI-ARTS to perform within a reasonable additional period of time, estimated at fifteen (15) additional days.
If the Customer fails to comply with this new reasonable period, the Customer shall have the right to terminate the purchase/sale agreement by registered letter with acknowledgement of receipt notified to KAMI-ARTS. The purchase/sale contract thus terminated obliges KAMI-ARTS to reimburse the Customer at the latest within 14 (fourteen) days following the date on which the said contract has been terminated by the Customer.
In case of absence of the recipient at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products will then have to be picked up or withdrawn at the address and according to the methods indicated by the carrier. In the absence of withdrawal within the time limit set by the carrier, the Products will be returned to KAMI-ARTS, which reserves the right to refund the price to the Customer, the shipping costs remaining the responsibility of the Customer.
ARTICLE 8 – RECEIPT
Upon receipt of the Products, it is the Customer’s responsibility to open the package(s) in the presence of the carrier, in order to check the condition and conformity of the Products with respect to his/her Order. The Customer will formalize his acceptance of the delivery by signing the delivery note given by the carrier.
In the event of damage or shortage resulting from transport, the Customer must express written and reasoned reservations on the delivery slip or refuse the products.
These reserves will have to be confirmed by the Customer to KAMI-ARTS, by registered letter with acknowledgement of receipt, within three days, except public holidays, following the delivery. Failing this, the defects or apparent defects will be purged and no complaint of the Customer will be able to relate to an apparent defect.
The Customer must also inform KAMI-ARTS’ Customer Service, by e-mail or by mail, within eight days following the delivery, of the defects or damage noted with the carrier, in order to preserve the rights of KAMI-ARTS vis-à-vis the carrier and, if the Product is still in the Customer’s possession, initiate the return procedure under the conditions provided for this purpose.
KAMI-ARTS invites the Customer to inform it within seven (7) days following the reception of the Product of the possible defects, breakages or deteriorations that the Customer would have noticed and from which the Product would have suffered by sending an email to the after-sales service of KAMI-ARTS (firstname.lastname@example.org) the photos and explanations in view of a possible refund, exchange or sending of a replacement part within a reasonable time.
ARTICLE 9 – WARRANTY
The Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects, in accordance with the Consumer Code and the Civil Code.
9.1 Guarantee of conformity :
The Customer is perfectly informed of the fact that the Prototype photographed and exposed on the website of KAMI-ARTS is so in order to promote the Product on the aforementioned website and to allow the Customer to proceed to his Orders and/or Pre-Orders.
The Customer expressly accepts the fact that the Prototype thus photographed does not identify itself with the Product as such and has no contractual value. The description of the Prototype, its characteristics and the photos representing it are as close as possible to the Product and have an illustrative purpose. Pursuing a constant concern of perfection and improvement, KAMI-ARTS may be led to adapt certain features and characteristics of the Product in its final version, compared to the Prototype.
KAMI-ARTS is obliged to deliver a Product that is in conformity. KAMI-ARTS shall be liable for any lack of conformity of a Product existing at the time of its delivery. A defect of the Product appearing within 24 (twenty-four) months is presumed to exist on the day of delivery, unless proven otherwise. The time limit available to the Customer to act as a legal guarantee of conformity is 2 (two) years from the delivery of the Product. However, the Customer may not rely on a lack of conformity if it was aware of it or could not have been unaware of it.
In the event of a lack of conformity, Customer shall have the option of (i) repair of the Product by KAMI-ARTS or (ii) replacement of the Product by KAMI-ARTS. KAMI-ARTS shall have the right, however, to refuse this choice if the cost of repair is clearly excessive, taking into account the value of the Product or the importance of the defect and, in particular, in case of stock shortage of the Product concerned or stock shortage of any other Product similar to it.
If both repair or replacement prove impossible, the Customer has the option of requesting the total cancellation of the purchase/sale contract or the return of part of the Price.
The legal guarantee of conformity benefits the Customer independently of any commercial guarantee possibly offered by KAMI-ARTS and its after-sales service.
9.2 Warranty for Hidden Defects :
In order for the Customer to be able to implement the warranty for hidden defects, the defect affecting the Product must, in particular, predate the purchase/sale contract and render the Product unfit for the use for which it is intended.
The Customer may not act under warranty for hidden defects if he was aware of the defect affecting the Product, it being specified that the apparent nature of the defect is assessed at the time of delivery and that the quality/competence of the Customer is taken into account in determining his knowledge of the defect. KAMI-ARTS is not liable for hidden defects when there is a defective use of the Product.
The time limit for the Customer to act as a warranty for latent defects is 2 (two) years from the discovery of the defect.
The Customer who acts in warranty against latent defects has the choice between (i) rescinding the sale, i.e., returning the Product he had acquired and reimbursing the Price, or (ii) reducing the Price, i.e., keeping the Product and being reimbursed part of the Price. KAMI-ARTS shall be required to reimburse all expenses incurred in connection with the sale.
ARTICLE 10 – RIGHT OF WITHDRAWAL AND RETURNS
10.1 The Customer has a withdrawal period of 14 (fourteen) days from the day of receipt of the Product (1st day of the period) by the Customer or by the person who received the said Product in the name and on behalf of the Customer. In case of withdrawal, the Customer shall himself bear all costs and expenses of returning the Product to KAMI-ARTS as well as 10% (ten percent) of the Price of each Product remaining with KAMI-ARTS.
10.2 In order to exercise his right of withdrawal, the Customer must request the withdrawal form from the KAMI-ARTS customer service at the following address: email@example.com and then notify him of the said form duly completed and signed.
The Customer must take care to keep the proof of the exercise of his right of retraction, reason why KAMI-ARTS suggests him to exercise his right of retraction by sending back the Form of retraction duly completed and signed by registered mail with request for acknowledgement of receipt (to KAMI-ARTS, 1 Rue du Grand Logis, 13510 Éguilles, France) or by email (to the after-sales service of KAMI-ARTS: firstname.lastname@example.org), by making sure of its effective sending and reception.
The Customer does not have to justify reasons leading him to want to exercise his right of retraction. Once the Customer has notified KAMI-ARTS the exercise of his right of withdrawal, KAMI-ARTS will refund the Customer, it being specified that, in accordance with the Consumer Code, and being a purchase/sale contract, KAMI-ARTS reserves the right to defer this refund until KAMI-ARTS receives the Product or the proof of its shipment by the Customer (first of the two dates).
The Client who exercises his right of withdrawal will be refunded the amount of the Price and the amount of the Fees (unless the Client had chosen a non-standard delivery method that is more expensive than the standard delivery method proposed by KAMI-ARTS).
10.3 In case of exercise of its right of withdrawal, the Client has the obligation to return to KAMI-ARTS the Product that had been delivered to him and this, within a further period of 7 (seven) days following the sending of its own withdrawal, to the address of the registered office of KAMI-ARTS (1 Rue du Grand Logis, 13510 Éguilles, France). The Product thus returned must be in its original packaging, unopened, in perfect condition, not damaged in any way whatsoever.
Items returned damaged or incomplete will not be accepted or refunded to the Customer by KAMI-ARTS.
KAMI-ARTS recommends the Client to send back the items by a secure shipment, with tracking option.
ARTICLE 11 – LIABILITY
11.1 The photos and texts illustrating the products presented are not contractual and remain indicative. KAMI-ARTS does not guarantee that the color of the product presented on the site, because of the possible alteration of the colors according to the type of computer screen, corresponds exactly to that of the ordered product. Consequently, the responsibility of KAMI-ARTS could not be engaged in case of possible errors or omissions of photography or text and the Customer cannot cancel his order on this basis. KAMI-ARTS invites the Customer to refer to the description of each product to know its precise characteristics.
11.2 KAMI-ARTS shall not be held liable for breach of contract in case of stock shortage, force majeure (including blocking of means of transport or supplies, flood, fire, pandemic, strike of staff, postal services and / or means of transport or communication) or fault or error of the Customer in its choice of product or in the entry of personal data when ordering.
The Seller declines all responsibility for damages resulting from the misuse of the product by the Customer, from failure to comply with the instructions and precautions for use of the product, or in cases of force majeure.
If the treatment reserved by KAMI-ARTS to the claims and reservations formulated by the Customer does not meet the expectations of the Customer, the possible responsibility of KAMI-ARTS, if it were to be engaged, would be strictly limited to the amount of the Price and could not be extended to the direct or indirect consequences of the use of the Product by the Customer or by any other person or entity.
ARTICLE 12 – TRANSFER OF RISKS
The Customer is responsible for the risks of the products as soon as they are physically handed over, the transfer of possession entailing the transfer of risks.
ARTICLE 13 – INTELLECTUAL PROPERTY
All the texts, comments, works, illustrations, images and sound elements reproduced on the www.KAMI-ARTS.com website are protected under copyright and intellectual property law worldwide.
As such, and in accordance with the provisions of the Code of Intellectual Property, only use for private use is tolerated, subject to more restrictive provisions of the code of intellectual property.
Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property, except prior authorization of KAMI-ARTS. Any total or partial reproduction of the site and the catalog of KAMI-ARTS is strictly prohibited. All rights reserved.
ARTICLE 14 – RESERVATION OF OWNERSHIP
In accordance with the provisions of the Civil Code, KAMI-ARTS retains ownership of the products sold until full payment of all sums due by the Customer to KAMI-ARTS, within the framework of his order, including fees and taxes.
In case of delivery and default of payment, KAMI-ARTS will be able to exercise its right of claim on the products ordered and delivered to the Client; all sums and/or installments previously paid remain acquired by KAMI-ARTS, without prejudice to any damages that could be claimed as a result of the termination of the contract.
In case of transfer of ownership of a product purchased by the Client from KAMI-ARTS to a third party, this third party will not be bound by these general terms and conditions of sale, which are only opposable to the original Client.
ARTICLE 15 – MISCELLANEOUS
15.1 – Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. The following in particular are considered to be force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, pandemics, fires, storms, floods, lightning, strikes or stoppage of telecommunications networks.
15.2 – Interpretation
If one or more clauses of these terms and conditions are cancelled or deemed unwritten pursuant to a law, a regulation or a court decision, the other clauses will retain their full value.
The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
In case of difficulty of interpretation between the title and the content of a clause, only the content is authentic.
ARTICLE 16 – ELECTION OF DOMICILE
All notifications, notices and comments to be transmitted by the Client to KAMI-ARTS and vice versa are validly notified only if they are sent, according to the mode of communication specified in the General Conditions :
- By the Customer to KAMI-ARTS, at the address of its registered office: KAMI-ARTS, 1 Rue du Grand Logis, 13510 Éguilles, France or by email to its after-sales service: email@example.com
- By KAMI-ARTS to the Customer: at the postal address or the email address indicated by the Customer at the time of the registration of his Order or his Pre-order.
ARTICLE 17 – APPLICABLE LAW – LITIGATION AND MEDIATION
These general conditions and the sales contract are subject to French law.
The disputes which would come to occur concerning the validity, the interpretation, the execution, the non-execution, the interruption or the cancellation of the General Conditions, the possible Particular Conditions and any contract, document, rider concluded between KAMI-ARTS and the Customer will be negotiated between them to define the most adequate amicable solution.
In the event of a dispute with KAMI-ARTS, any Client must refer the matter free of charge (except for any personal expenses incurred by a lawyer or an expert) to the consumer ombudsman (article L.152-1 of the French Consumer Code).
The conditions of seizure of the aforesaid mediator of consumption are detailed on its own Internet site. Thus, it is reminded that the Customer can refer to the mediator of consumption only if he has, before, tried to solve the dispute with KAMI-ARTS by means of a written complaint. The Customer has a period of one (1) year after his written complaint to KAMI-ARTS to refer the dispute to the consumer ombudsman.
If the solution proposed by the consumer mediator is not accepted by KAMI-ARTS and the Client, the more diligent party has the right to submit the dispute to the French courts, which have exclusive jurisdiction.
ARTICLE 18 – DATA PROCESSING AND PROTECTION OF PERSONAL DATA (RGPD)
KAMI-ARTS treats the information communicated to it by the Customer in the respect of the principle of confidentiality and implements personal data processing to carry out personalized services, to follow the invoicing and the follow-up of the Customer’s file. These data are necessary for the management of the treatment of the Client and intended only for the employees of KAMI-ARTS.
In accordance with the law “Data-processing and freedoms”, the Customer has a right of access and correction of the data concerning him, of questioning, of opposition to the prospecting on his personal data and can exert this right either by sending a mail, by indicating his name, first name and address, to the following address: KAMI-ARTS, 1 Rue du Grand Logis, 13510 Éguilles, France or by making the request by e-mail to: firstname.lastname@example.org accompanied by a copy of an identity card in the course of validity and signed.