These general conditions of sale (hereinafter, the “CGV”) apply to Orders which are made from the online sales service for “merchandising” products which is offered by the Company from e-boutiques notably created by artists and creators and which can be consulted from their personal pages and/or dedicated websites (hereinafter, the “Service”).
1 – DEFINITIONS
“Customer”: natural person, registered on the Service and making an online purchase of Product(s), aged at least 18 (eighteen) years old or committing, failing that, to collect, prior to their registration to the Service, the authorization of their parents or guardian exercising parental authority.
“Order”: any purchase of Product(s) made from the Service by a Customer. The Order is considered completed from the moment payment is made by the Customer.
“Customer Account”: account created by a Customer from the Service and allowing them to access their identification data, track their Orders and view their payment history.
“Company”: Karmine Corp SAS Head office: 26 rue Arthur Rimbaud
37100 Tours – France
About: karminecorp.fr
RCS Tours B 895 405 751 Intracommunity VAT number: FR48895405751 SIRET number: 89540575100010 Publication director: Kamel Kebir
“Products”: physical “merchandising” products (such as clothing, books, stationery products, goodies, etc.) reproducing content linked to a group, an artist, a creator or a brand as well as any media. physical recording such as CD or DVD and/or any other type of product that the Company may market on the Service.
“Customer Service” or “Service”: service made available to the Customer by the Company from Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. (excluding public holidays) allowing the creation of a Customer Account as well as the processing, via the “Order details” section of their Customer Account, or by the Help Center shop@karminecorp.fr or by mail to the following address: 600 Rte de Bidache, Exte Logistika, Hastingues 40300 or by telephone at: 06 78 78 27 59 (cost of a non-premium local call); any possible customer complaints.
2 – PURPOSE OF THE CGV
These General Terms and Conditions determine the rights and obligations of the Company and the Customer in the context of the online sale of Products offered by the Company.
3 – APPLICATION OF THE CGV
These General Terms and Conditions come into force as soon as the Customer places an Order under the conditions of article 5 below. The Customer therefore undertakes to consult these General Terms and Conditions and to validate them, before each Order by checking, in accordance with article 5.2, the box provided for this purpose.
These General Terms and Conditions govern the sales of Products, made through the Company's website, and are an integral part of the contract between the Company and the Customer. They are fully enforceable against the Customer who accepted them before placing the Order.
These General Terms and Conditions of Sale, which the Company reserves the right to modify at any time, by publishing a new version on its website, prevail, except under specific conditions issued by the Company, over all other documents or conditions, which the Customer expressly declares to know and accept, without restriction or reservation. Only the version of the General Terms and Conditions which is online at the time the Customer places the Order, in accordance with article 5.2, applies between the Company and the Customer.
The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs.
The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
4 – CREATION OF CUSTOMER ACCOUNT
4.1 Access to the Service requires the Customer's prior registration using the form made available to them during their first connection, made with a view to placing an Order, from the Service or the prior creation of a Customer Account.
As part of their registration, the Customer transmits to the Company the following identification elements:
Last name First Name
Legal name of the parent company (if applicable)
Delivery adress billing adress
Password
Identifier
4.2 Any duly completed registration request is sent to the Company which acknowledges receipt by e-mail and allows the activation of a Customer Account.
4.3 The Customer is solely responsible for the confidentiality of his password and identifier as well as any Order placed through his Customer Account. The Customer also undertakes to ensure that the information transmitted as part of their registration is accurate, complete and regularly updated from their Customer Account.
5 – ORDERS
5.1 Orders can be placed anywhere in the world. Any Order placed by a Customer residing outside French territory will be processed in accordance with these General Terms and Conditions, subject to the legislative provisions otherwise applicable in the country where the Customer placing the Order is domiciled.
5.2 In accordance with the provisions of article 1127-1 of the Civil Code, to place an Order the Customer undertakes to respect the following procedure consisting of:
select your Products (by entering the desired size and quantities);
identify yourself on the Service by connecting to your Customer Account (by providing information relating to your identification) or by filling in the fields of the “Contact Information” form;
view your Order summary (displaying the detailed prices of each Product as well as the total price of your Order);
select your delivery method;
validate your contact details and your Order by clicking on the “Continue to payment” link; And
proceed to payment by clicking on the “Validate payment” link or any other link indicating that placing an order requires payment.
The Customer has, provided that he has not yet confirmed his payment, the possibility of reconsidering the choice of his Products at any time, of rectifying any errors made when entering his Order and/or to modify all or part of their identification data (including the billing and/or delivery address). Any confirmation of payment requires acceptance of these General Terms and Conditions which the Customer undertakes to validate, after having fully accepted them. knowledge, by checking the box provided for this purpose.
Confirmation of the Order will constitute the formation of the contract.
The language proposed for the conclusion of the contract is the French language for Customers using navigation in French or the English language for Customers using navigation in English or a language other than French. The choice of the French navigation language is initially made by default depending on whether the language of the Customer's browser is not a language other than French. The Customer may also be offered the possibility of voluntarily choosing their browsing language using the Language menu displayed on all pages of the site.
The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.
5.3 Payment for the Order is made by credit card (Visa, American Express, Master Card, other bank cards) or by any other secure online payment method indicated to the Customer.
By providing their banking information during the sale, the Customer authorizes the Company to debit their 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 inability to debit the card, the sale is immediately automatically canceled and the order cancelled.
Any Order by the Customer is debited before shipment.
5.4 An order confirmation email starting with # is sent to the Customer upon receipt of payment and after verification by the Company of the stock availability of the Products.
Sending a confirmation email by the Company definitively validates the Customer's Order. However, and if for whatever reason, the Company is not able to follow up on an Order, it will inform the Customer by e-mail as soon as possible and proceed, provided that it has already collected the amount, upon its reimbursement.
5.5 The Order confirmation email that the Company sends in accordance with article 5.4 to the Customer contains a link to connect to their account in order to download, in pdf format, the version of the General Terms and Conditions which are in force on the date validation of the Customer's Order in accordance with article 5.2. This email also indicates an estimated delivery date.
The archiving of communications, the Order, Order details, as well as invoices is carried out on a reliable and durable medium so as to constitute, in the interest of the Customer, a faithful and durable copy.
6 – PRICE
The price of the Products is indicated in euros, all taxes included (including processing costs). This does not include additional delivery costs.
In all cases, the total amount owed by the Customer including shipping costs is indicated on the Order confirmation page.
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 Company. They will be the responsibility of the buyer and are their exclusive responsibility (declarations, payment to the competent authorities, etc.). The Company invites the Customer to inquire about these aspects with the corresponding local authorities.
Any order is invoiced on the basis of the prices in force at the time of validation of the Customer's Order in accordance with article 5.2.
The Company reserves the right to modify its prices at any time for the future, while guaranteeing the application of the price indicated at the time of the Order.
The Products remain the property of the Company until full payment of the price. Full payment of the price transfers ownership of the Products to the Customer.
7 – DELIVERY
7.1 The Products are delivered to the address provided by the Customer and within the delivery time indicated in the confirmation email that the Company sends, in accordance with article 5.4, upon receipt of payment to the Customer. This delivery time does not take into account the time taken to prepare the Order.
For Products indicated “for pre-order”, the delivery time does not take into account the delivery time of the Products to the Company.
The Company points out that when the Customer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to the Customer. It is therefore up to the Customer to notify the carrier of any possible reservations regarding the delivered Product.
7.2 The following different delivery methods are offered to the Customer:
Delivery to relay point:
Delivery to a drop-off point with an average time of 3 to 7 working days depending on the delivery destination indicated. The Customer has a period of 14 (fourteen) consecutive days from the arrival of the package at the relay point to collect it. After this period, it will be returned to the Company.
Tracked home delivery – without signature:
For mainland France (including Corsica): delivery with an average time of 2 (two) working days to 7 (seven) working days to the delivery address indicated. If the Customer is absent and the size of the package does not allow delivery to the mailbox, a delivery notice is left to him and the package is made available to him at the drop-off point to which the Customer is attached. The Customer has 15 (ten) working days from the arrival of the package at the post office to collect it. After this period, it will be returned to the Company.
For destinations other than mainland France (including Corsica): delivery with an average time of 3 (five) to 15 (fifteen) working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow delivery to the mailbox, a delivery notice is left to him and the package is made available to him at a drop-off point to which the Customer is attached. The Customer has 15 (fifteen) working days from the arrival of the package at the drop-off point to collect it. After this period, it will be returned to the Company.
Tracked home delivery – upon signature
Tracked home delivery against signature with an average time of 5 (five) to 10 (ten) working days for France, depending on the delivery destination indicated, and 5 (five) to 15 (fifteen) working days, for other destinations. than mainland France (including Corsica), depending on the delivery destination indicated.
The parcel delivered to your home with tracking against signature will be delivered to the address indicated by the Customer against the signature of the recipient or that of any person attached to his service, residing with him or specially mandated. The recipient's signature is not systematically made available to the Customer.
Where applicable, the digital signature of the recipient, of any person attached to his service, residing with him, or of the person specially authorized, as well as its reproduction proves delivery of the package. Refusal to sign is equivalent to refusal to send.
A confidential code can also be sent to the recipient by SMS or email before delivery of the package. The package can be delivered to the address indicated against the transmission of this confidential code. The concordance of the codes proves delivery of the package and constitutes a signature.
If the Customer is absent, a delivery notice is left to him and the package is made available to him at the drop-off point to which the Customer is attached.
7.3 In the event of a shipping delay, the Customer receives an e-mail indicating a new delivery date.
8 – WITHDRAWAL
8.1 In compliance with the legislative provisions in force, the Customer has, subject to article 8.3, a period of 14 (fourteen) days from receipt of the Order to exercise his right of withdrawal provided for in article L 221-18 of the Consumer Code without having to justify its decision.
8.2 The withdrawal request is sent to the Company by the Customer:
either by contacting Customer Service: shop@karminecorp.fr – Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. (excluding public holidays) – to obtain a withdrawal form;
either by connecting to their Customer Account from the “Order details” section.
The Products are returned by the Customer by mail, at his expense, to the address where the Products were shipped or to any other address indicated to him from his Customer Account by the Company no later than 14 (fourteen) days following the date the Customer sent their withdrawal form to the Company.
8.3 In accordance with article L. 221-28, 9° of the Consumer Code, the right of withdrawal cannot be exercised (i) if the Products have been unsealed, (ii) more generally if they have been worn, consumed or damaged by the Customer, (iii) if they are ticketing products or (iv) if they are personalized products (for example, without this list being exhaustive, products autographed by name by the artist and the products printed with a message of the Customer's choice).
Purchase or access to show tickets alone or as part of a commercial offer: In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the context of leisure activities to be provided on a specific date or period.
In this regard, in the event of purchase of a product or service giving access to the purchase of a show ticket or access to a pre-sale of a show ticket or any similar event (in particular the access to a release party), the right of withdrawal cannot be exercised by the Customer, including when access to the pre-sale of the show or the show ticket is part of a commercial offer including the purchase of other products and/or services.
In accordance with article L. 221-28, 5° of the Consumer Code, the right of withdrawal cannot be exercised if the Products have been unsealed by the Customer after delivery and cannot be returned for hygiene reasons. or health protection. Foodstuffs are particularly affected.
The Customer cannot withdraw when the Product is a good likely to deteriorate or expire quickly, such as fresh food products.
In the event of withdrawal, the Products must therefore be returned to the Company in their original packaging and, in any event, in their original condition (i.e. new condition allowing the Company to re-offer the Products to the marketing). Consequently, (i) any clothing worn or having suffered damage, even slight, (ii) any CD, DVD or food product which has been unsealed and (iii) any Product which has been damaged by the Customer will not be returned. nor reimbursed by the Company.
8.4 In the event of withdrawal in accordance with this article 8, the Company is required to reimburse, excluding the costs of returning the Products which are the responsibility of the Customer, the totality of the sums paid (including delivery costs) by the Client and no later than 14 (fourteen) days following the date on which the Company receives the Client's withdrawal form.
9 – RESOLUTION OF THE CONTRACT
9.1 In accordance with articles L. 216-1 et seq. of the Consumer Code, and in the event that the Company has not respected the maximum legal delivery time of 30 days, the Company undertakes to notify, within as soon as possible, by email to the Customer. The Customer may, according to his choice, within 24 (twenty-four) hours following receipt of the Company's notification:
accept the new delivery date proposed by the Company, or
cancel the Order, if it has not been shipped at the time of notification to the Customer.
If the Company has not complied within this additional period, the Customer has, subject to article 9.3, the possibility of canceling his Order by registered mail with acknowledgment of receipt addressed to the Company after sending a first formal notice, sent by registered mail with acknowledgment of receipt to the Company ordering it to carry out delivery as soon as possible, remained without effect.
The Order is, in this case, canceled upon receipt by the Company of registered mail with acknowledgment of receipt notifying it of said cancellation, unless the Order has actually been delivered, on the date of receipt of said mail, by the Company.
9.2 In the event of cancellation, in accordance with this article 9, the Company is required to reimburse all sums paid (including delivery costs) by the Customer no later than 14 (fourteen) days following the date on which the Company receives the Customer's letter notifying it of the cancellation.
Returns of Products must be subject to the prior agreement of the Company. Any Product reshipped without prior agreement from the Company will not give rise to a refund.
9.3 In any event, no cancellation is possible in the event of a delivery delay due to an address error attributable to the Customer.
10 – CUSTOMER COMMITMENT
10.1 The Customer declares that they are of legal age or otherwise undertakes to obtain, prior to registration, the authorization of their parents or guardian exercising parental authority, the latter(s) remaining, in any event, guarantor(s) of compliance with these General Terms and Conditions, which the Customer expressly declares to know and accept.
10.2 The Customer undertakes to make strictly personal and exclusive use for any commercial purpose of the Products ordered from the Service.
10.3 The Customer undertakes more generally to comply with all the terms and conditions of these General Conditions of Sale as well as to retain, if necessary by printing them, all copies of the General Conditions of Sale sent to him by the Company in accordance with the article 5.4 above.
11 – COMPLIANCE
11.1 The Company guarantees the conformity of the goods with the contract. The Products sold from the Service benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-12 of the Consumer Code, the guarantee relating to the safety and health of people provided for in Article L. 411-1 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
11.2 The Company, under these guarantees, undertakes, at the Customer's choice, to reimburse or exchange any defective Product, which has suffered damage before receipt and/or which does not correspond to the Customer's Order and this provided that the Customer informs him immediately, upon receipt of the Product, by contacting Customer Service by e-mail at the following address: shop@karminecorp.fr or by mail at the following postal address: Full Logistique – Boutique Karmine Corp, Lieudit Au petit pierre Immeuble Le Kite, 137 Rue Dauphine 33127 SAINT JEAN D'ILLAC.
11.3 Legal guarantee of conformity:
The Company will ensure the exchange and/or reimbursement of said Products and this subject, in the event of a non-compliant Order, that the Products concerned are returned to it under the conditions of article 8.3 and in the event of damage, that the mention in must be included on the delivery note. The costs of returning the Products will be reimbursed by the Company to the Customer upon presentation of the relevant proof. In the event of a refund, it will be made using the same means of payment as that used for the purchase, by credit to the Customer's bank account, and it will not incur any costs for the Customer. For exchanges, it is specified that it will not be possible to exchange one product for another. When acting under the legal guarantee of conformity, the Customer benefits from a period of 2 (two) years from the delivery of the Product to request from the Company, at its choice, the repair or replacement of the good, subject to cost conditions provided for by article L. 217-9 of the Consumer Code. The legal guarantee of conformity applies independently of any commercial guarantee granted.
11.4 Legal guarantee against hidden defects:
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction of the sale price in accordance with the provisions of the article 1644 of the Civil Code.
11.5 The Company undertakes to archive any Order (including delivery notes, invoices and the current version of these General Terms and Conditions) for which the amount exceeds 120 euros excluding tax, in accordance with the legislative provisions in force. , for a period of 10 (ten) years.
During this period, the Company undertakes to communicate to the Customer, as soon as the latter requests it, the invoice corresponding to their Order and the General Terms and Conditions in force at the time of the Order.
12 – INTELLECTUAL PROPERTY RIGHTS
Brands, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of their author. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
13 – PERSONAL DATA
The legal basis for this processing is contractual. The processing of Data is necessary for the Company to process the Customer's order. If the Data is not provided, the order cannot be taken into account.
The Data transmitted by the Customer is the following Data: name, first name, postal address, email address, telephone number, date of birth, payment information.
The Data provided by the Client is processed by the Company for the following purposes:
Order management;
sale and delivery of Products;
finalization of the transaction; And
management of relations with the buyer.
Any other use of the Customer's Data will be subject to their prior written authorization.
The Data collected is kept for the following periods:
Data relating to payments made by the Customer, in particular banking data, are kept, in accordance with the deliberation of the National Commission for Informatics and Liberties (hereinafter, the “CNIL”) n°2018-303 of 6 September 2018, for a period of thirteen (13) months from full payment of said purchase, or fifteen (15) months in the case of payment by deferred debit payment card, in order to allow the management of possible complaints; And
other Data collected is kept for a period of 36 (thirty-six) months from the last purchase.
The Data collected is for the exclusive use of the Company. In accordance with the provisions of the amended law of January 6, 1978 known as “Informatique et Libertés” and the GDPR, the Customer has a right of access, rectification, portability and erasure of the Data which concerns him. He also has rights of limitation and opposition to the processing and the right to portability of his Data. Finally, the Customer has the right to define guidelines relating to the conservation, deletion and communication of his Data after his death.
To exercise his rights, the Customer can send a request by email to the following address: contact@karminecorp.fr. This request must include the Customer's contact details and provide proof, by all means, of their identity. In the event of doubt about the identity of the Client, the Company reserves the right to request additional information that appears necessary, including a photocopy of an identity document bearing the Client's signature.
The Customer also has, where applicable, a right of appeal to the CNIL, 3 PLACE DE FONTENOY – TSA 80715 – 75334 PARIS CEDEX 07, the supervisory authority responsible for compliance with obligations regarding personal data.
The Customer is informed that the person responsible for his personal data is the Company Karmine Corp SAS.
To find out more about the Company's commitments in terms of personal data protection, the Client can consult the Company's personal data protection policy, accessible online at the following address: LINK TO CONFIDENTIALITY POLICIES
14 – FORCE MAJEURE
The Company's liability cannot be called into question if the non-execution or delay in the execution of one of its obligations described in these General Terms and Conditions results from a case of force majeure, as defined and retained. by article 1218 of the Civil Code and the case law of French courts and tribunals. The Company will notify the Client of the occurrence of such an event as soon as possible.
15 – APPLICABLE LAW
All clauses appearing in these General Terms and Conditions, as well as all purchase and sale operations referred to therein, will be subject to French law.
16 – CLAUSES
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
17 – COMPETENT JURISDICTION
The Customer may refer the matter either to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he resided at the time of the conclusion of the General Terms and Conditions.
The Customer, in application of article L. 616-1 of the Consumer Code, has the possibility of having recourse free of charge to the Company's consumer mediator, with a view to amicably resolving the dispute, whose contact details are: following:
FEVAD
60, rue de la Boétie
75008 PARIS
https://www.mediateurfevad.fr/
https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx
