GENERAL CONDITIONS OF SALE AND OF UTILIZATION
ARTICLE 1. SCOPE
The general conditions of sale detailed below (hereafter designated "General Conditions"), govern the contractual relations between each user of the site Yellowkorner.com (hereafter designated the "User" or "You") and the commercial brand YellowKorner belong to the corporation YKF S.A au capital de 50 000 EUROS, whose siege is located at 8, rue des Francs Bourgeois - 75003 Paris FRANCE and registered at the register of commerce and corporations of Paris under the number 489 809 186 (hereafter designated "YellowKorner"). These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written. YellowKorner can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site Yellowkorner.com (hereafter designated" Site "). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions. It is specified that the present conditions govern the sales of the photographs and frames of YellowKorner on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor for the sales in YellowKorner galleries (hereafter designated the " Galleries ") or in the companies which distribute the photographs of YellowKorner.
ARTICLE 2. UTILIZATION OF SITE
To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. YellowKorner reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order. The Site is available in the French, English, and German languages. The language of the Site is in function of the language of Your internet navigator. If the language of your internet navigator is not one of the 3 languages above, the language of the Site will be English. You can modify the choice of the language on the homepage of the Site. 1) Essential characteristics of the products The products sold on the Site are art photographs numbered and in limited edition, and frames and YellowKorner gift certificates. The photographs are offered in one or several formats and mountings, according to the agreements made between the photographer or his or her representatives and YellowKorner. The photographs are accompanied by a biography of the artist and a certificate of authenticity in English. Only one gift certificate is accepted per order. The gift certificate cannot serve for different orders : it must be used only once. Any remaining balance cannot be recovered. The gift certificates are non exchangeable and non reimbursable. The prices are indicated excluding taxes and shipping fees. The currency in which the prices are indicated varies according to the country of consultation of the Site : Euros for the countries in the euro zone, USD for the USA, Euros for other countries. In the case of a delivery to a country other than the USA, you are the importer of the work or works concerned. For all the works expedited to destinations outside of the USA, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and sums do not result from the jurisdiction of YellowKorner. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities. YellowKorner reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability. The works rest the property of YellowKorner until the complete payment of the indicated prices 2) To effect an order To effect an order, You should at the minimum pass through the following steps: • Consultation of the information page presenting the photograph. On this screen You can choose the format and the support among those offer for this photograph. The state of stock is indicated (in stock / available in a few days / in preorder available for 1 month / out of stock). You must click on « Add to shopping cart» in order to add this article to your shopping cart. • Screen « Shopping cart» you have the possibility to delete an article or to modify the quantities ordered. • Screens of identification or of the creation of a client account • Screen of the choice of the mode of delivery. On this screen a link is offered to you to modify the articles of your order. • Screen of summary and choice of payment. This screen allows you to choose your mode of payment and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order. • You must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « general conditions of sale ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order. • You pay for your order by the method of payment chosen • The contract is concluded upon the confirmation of the payment by the bank. • The Site sends you a confirmation of your order by email in the minutes that follow. 3) Methods of payment Several modes of payment are offered to you to pay for your order on the Site : • Credit Card, Visa and Mastercard. • Paypal 4) Security of payments For the payments by credit card, the transaction is effected by Cybermut, the system of payment of Crédit Mutuel, on the site of Crédit Mutuel. The bank information of the User is encrypted (SSL technology, Secure Socket Layer). It does not circulate freely on the Internet and cannot be intercepted. Your bank information (number of card, expiration date….) is not communicated to YellowKorner. 5) Proof The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients. The information registered by the system of payment Cybermut of Crédit Mutuel constitutes the proof of financial transactions. 6) Delivery Processing of orders Orders effected before 11 AM (GMT+1h), from Monday to Friday, outside of holidays, are expedited the same evening (for photographs indicated « in stock »). In other cases, the orders are expedited on the evening of the following workday. The entirety of the works ordered is sent in one single order. The works noted « available under X days» will be expedited in an average of X days. The works noted « out of print» can no longer be ordered. Shipping address YellowKorner delivers in the USA. Delivery to another country : on request The delivery will be effected to the shipping address that you will validate at the moment of the order as being the « shipping address», this address being able to be different from the « billing address». Change of shipping address after the effectuation of the order is not often possible for logical reasons. You can always contact us, if you wish to change the shipping address, we will study the possibilities in function of your order. Modes of deliver and transit times The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. YellowKorner reserves for itself the right of the choice of the transporter. The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery. The delivery of items « in stock » will be effected in the indicative transit times mentioned, and at the latest 15 days following the ordering, except in the case of a force majeure. The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client. Shipping fees The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered. The details of the shipping fees are available at the following link. Reception of the delivery Upon the reception of your order, it is your responsability to open the package to verify the state of the delivery. In the case of a problem, please give your package back to the deliverer stipulating the problem encountered and contact our customer service on the same day. The reception of the objects transported extinguishes all action against the transporter for damage or partial loss if within the three days, holidays not included, which follow that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the code of the Commerce). 7) Right of revocation In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you. This right is not applied to gift certificates or orders made by companies. For all orders on the Site, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact our customer service that will indicate to you the return address and then you will dispose of a period of 10 days to return to us your order. No "shipment for reimbursement" will be accepted, for any reason. Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted. YellowKorner will reimburse You the price of the photographs as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 15 days following the reception of the order by YellowKorner, by credit in the bank account having served for payment, by check or by gift certificate, according to the mode of payment used at the time of the order. 8) Right to return In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact our customer service which will indicate to you the return address and the procedures of return. Print the Customer Return Authorisation YellowKorner will effect the exchange of the damaged article, within the limitation that the stock is available. In the case that an article is no longer available, YellowKorner will offer you another article of an equivalent sum. In the case of the exercise of the right to return, and only in this case, the shipping fees of the return and of the new shipment will be assumed by YellowKorner. 9) Customer service and claims For any information or question, you can contact our customer service by email. We will be very happy to give all the information that you wish about our works and your order.
ARTICLE 3. FORCE MAJEURE
In application with the article 1148 of the Code Civil, YellowKorner will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.
ARTICLE 4. PROTECTION OF PERSONNAL INFORMATION
In function of your choices at the time of the creation or of the modification of your account, you will be susceptible to receive the offers of our company and those of our partners. If you no longer wish it, you can modify these choices in your Client account on the Site or in writing us at the address here below. In application of the law Informatique et Libertés of January 6 1978, You dispose of a right of access, of modification, of rectification, and of suppression of the information that concerns you. You can exercise this right in sending a letter to the following address : YellowKorner Customer service 84 rue Beaubourg 75 003 Paris -FRANCE You can equally consult or modify your personal information in your client account on yellowKorner.com.
ARTICLE 5. RESPONSIBILITIES AND GUARANTEES
The company YellowKorner makes great efforts to assure to the best of its abilities, the exactitude and the updating of the information diffused on this site, of which it reserves the right to correct, at all moment and without advanced notice, the content. At all times, the company YellowKorner can not guarantee the exactitude, the precision, and the exhaustively of the information put at disposition on this site. In consequence, the company YellowKorner declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site. This site can contain links to other sites. The company YellowKorner cannot be held responsible for the problems of access or for the contents of these sites. YellowKorner will not be responsible for damages resulting from the utilization or of the impossibility of the utilization of the Site. YellowKorner will not be in any case responsible for dysfunction imputable to software programs, which may or may not be incorporated into the Site or provided with it. YellowKorner commits itself to respect all the legal guarantees over which You could prevail. The works presented on our site being in conformity with the prescriptions of French law, we will not be held responsible for the violation of legislation proper to the country of delivery. In consequence, we invite You to consult the law in vigor in the country of delivery.
ARTICLE 6. INTELLECTUAL PROPERTY
1) Rights concerning the work The artist, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by French law. The rights of representation and of reproduction of the works presented on the site yellowkorner.com belong to their authors and to YellowKorner. Their conjoint authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction. 2) Intellectual property right All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs…These articles belong to the company YellowKorner or are utilized with the permission of their owners. Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of YellowKorner, besides the exceptions endorsed in the article L 122.5 of the Code de Propriété Intellectuelle, under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by two years of imprisonment and a 152 449,02€ fine
ARTICLE 7. JURISDICTION
The present conditions are governed by French law. They are available in the language of the consultation of the Site, cf art. II. In the hypothesis that litigation would be born out of the present contractual relation, the User and YellowKorner commit before any judiciary action to search an amiable solution. In the case of litigation, only French tribunals will be competent. Updated September 5h 2013