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General Terms and Conditions (GTC)
1 Scope of application and acceptance
The present General Terms and Conditions of Sale form the basis of commercial negotiation and are systematically sent or handed to each purchaser to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of the company Kath'Esquisse (Kathleen Vernier) and its customer within the framework of the sale of illustrations, graphic designs, derived products and personalized orders.
The customer acknowledges having read and understood these terms and conditions at the time of ordering and expressly accepts them without reservation.
2 Data protection
The law protecting consumers prohibits any use of personal data transmitted by them without their consent (Article L121-20-5 of the French Consumer Code). I guarantee that the collection of information and data that will be personally transmitted to me will only be used for exchanges between me (Kathleen Vernier) and the customer. I also undertake not to distribute or resell the personal information entrusted to me and not to send unsolicited e-mail. The customer's telephone number or e-mail address will only be used to inform him/her of the progress of his/her order.
3 Prices
Sales prices are those in force on the day of the order or purchase. They are denominated in euros and calculated exclusive of tax. VAT is not applicable in accordance with article 293 B of the French General Tax Code.
For personalized orders, quotations are valid for 30 days, after which time I reserve the right to revise prices without signature.
4 Terms of payment
Payment for custom orders can be made by Paypal, bank transfer or credit card. Either an initial deposit of 30% is paid when the order is placed, and the balance on delivery, or the full amount is paid when the order is confirmed.
If you are unable to make payment in this way, please contact me.
5 Late payment
With regard to customized orders, in the event of total or partial non-payment of goods delivered on the due date, the purchaser shall owe a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum outstanding, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 euros to cover collection costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
If, within fifteen days of the implementation of the "Late payment" clause, the buyer has not paid the remaining sums due, the sale will be automatically cancelled and may give rise to a claim for damages against Kath'Esquisse.
6 Right of withdrawal
The buyer has a right of withdrawal of 14 days from the day of ordering the product. The product will be refunded in full if during this period you consider that it is unsuitable, however, only the price of an item returned in new condition will be refunded. You are responsible for the return postage costs. In the event of deterioration, an evaluation of the price will be made according to the condition of the returned product.
Digital items and items or services customized to the buyer's specifications are not covered by the right of withdrawal, in accordance with article L.121-20-2 of the French Consumer Code. They cannot therefore be the subject of any request for reimbursement.
7 Reservation of rights
I retain ownership of the physical goods sold until full payment has been received. As for digital products, in addition to physical products, I retain all copyrights, modification rights and intellectual property rights to the original work. Consequently, the buyer may not reproduce, modify or sell my works, otherwise this would be considered theft. Unless the customer wishes these rights, in which case he/she will be obliged to specify this at the time of ordering, in exchange for financial compensation.
8 Delivery
Digital orders are only delivered once payment has been received.
In the case of physical products, I cannot be held responsible for any damage caused by the transport services or for the loss of the parcel. Please note that only the delivery company will be able to resolve your problem. However, if you notice a problem on receipt, please do not open the package and contact me as soon as possible. I will pass on the information to the appropriate person, and sometimes a claim can be made.
General Terms and Conditions of Use (GTCU)
1 Preamble
The Kath'Esquisse website is published by the sole proprietorship Kath'Esquisse (Kathleen Vernier) registered with the Registre du Commerce et des Sociétés under number 949 484 869 and having its registered office in Saint-Loubouer, France. The site is also hosted by Wix, registered with the Registre du Commerce et des Sociétés under number 903 439 388.
2 Purpose and Acceptance
The purpose of these terms and conditions is to define the terms of use of the site, as well as the rights and obligations of the user thereof.
Any person accessing the site undertakes to comply with these GCU. If the user does not accept them, he/she is invited to leave the site.
3 Website description
The site is a showcase and e-commerce site that allows the user to discover, purchase products and place personalized orders, all offered by Kath'Esquisse. The site also provides information on the company's products, services and news.
4 Access to the website
Access to the website is free of charge. However, users must have Internet access and compatible equipment (computer, tablet, smartphone, etc.) to access the site. The publisher reserves the right to suspend, limit or remove access to the website for technical or security reasons.
5 Protection of personal data
Consultation of the site :
Simple consultation of the site requires no registration, identification or communication of data.
Customer account, purchase and contact form:
The collection of information at the time of registration on the site is necessary and mandatory for the creation of a customer account. The publisher collects and processes the user's personal data in compliance with applicable regulations. Personal data is used to manage orders, invoicing, delivery, customer relations and complaints. Personal data is kept for the time necessary to achieve the purposes for which it was collected. In accordance with French law no. 78-17 of January 6th relating to data processing, data files and individual liberties, the collection and processing of personal information is carried out with respect for privacy. In accordance with the French Data Protection Act of January 6, 1978, articles 39 and 40, users have the right to access, rectify, delete and oppose their personal data.
6 Intellectual property
The site, its structure, its content (in particular texts, images, videos, logos, trademarks, etc.) and the software used for its operation are protected by intellectual property laws. The publisher holds all intellectual property rights relating to the website and its content.
Any reproduction, representation, modification, use or distribution, in whole or in part, of all or part of the website or its content, without the prior written authorization of the publisher, is strictly prohibited and constitutes an infringement punishable by law.
7 Liability
The publisher makes every effort to ensure the availability, accuracy and reliability of the information and services offered on the website. However, it cannot guarantee the absence of errors, viruses or other harmful elements that could cause damage or disruption to the user's computer system.
The publisher shall not be held liable for any direct or indirect damage resulting from the use or inability to use the website, in particular in the event of interruption, malfunction, loss of data or profits, or any other financial or commercial loss.
8 Modification of general conditions of use
The publisher reserves the right to modify these GCU at any time and without notice. Modifications will take effect as soon as they are posted on the site and are valid for an indefinite period.
9 Applicable law and jurisdiction
These GCU are governed by French law. In the event of a dispute relating to the interpretation or execution of these GCU, the parties shall endeavor to resolve their differences amicably. Failing amicable settlement, the dispute will be brought before the competent courts under the conditions of common law.