Clause n° 1 – Object
1.1 – Shop Identity
Owner : Kristina Arakelian
Publication manager : Kristina Arakelian – [email protected]
Webmaster : Kristina Arakelian – [email protected]
Host: OVH SAS : 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1Data protection officer : Kristina Arakelian – [email protected]
You can contact us here : [email protected]
1.2 – Contract
The terms of use described hereafter detail the rights and obligations of Kristina Arakelian and her customer within the framework of the sale of the following goods: the originals Kristina Arakelian’s artworks, the decorative items manufactured or modified by her, the reproductions, impressions, sculptures, office and stationery supplies and any object that is directly inspired by the artist’s artworks.
Any service performed by the seller implies the unconditional acceptance by the buyer of the following terms of sale.
Clause n° 2 – Price
The prices of the goods sold are those in force on the day the order is placed. They are denominated in euros and calculated exclusive of tax. Consequently, these prices will be increased by the transport costs applicable on the day of the order.
VAT is not applied in this shop or in personal orders.
Customs fees may also apply in the case of international deliveries. Please refer to the customs policy of your country of residence for more.
Kristina Arakelian reserves the right to change store prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is placed.
Clause n° 3 – Discounts
The proposed prices include the discounts and rebates that Kristina Arakelian would be led to grant in view of the commercial results or the achievement by the buyer of certain actions.
The discounts will be established according to precise and objective criteria, being of a quantitative or qualitative nature. Any occasional promotional discounts will be listed on the website and will be made available to all users in a fair and equal manner. Users who subsribe to the newsletter will be informed of the new shop items or ongoing discounts once they will be visible in the store.
Products supplied free of charge will be mentioned on the invoice.
Clause n° 4 – Discounts for early payments
No discount will be granted for early payment.
Clause n° 5 – Payment terms
5.1- Methods and payment deadlines
During a shop purchase or a custom order the payment is made by Paypal, Credit Card or Visa.
The orders made in the store will be taken care of once the payment made by the customer has been confirmed.
In the case of custom orders, the payment deadline will be determined by the parties.
If the parties have not established a specific payment deadline for the order in question, the price must be paid on the thirtieth day following the date of delievery.
5.2 – Late payment penalty
In case of non-payment of the goods in whole or in part on the day of delievery, the buyer shall pay Kristina Arakelian a late payment penalty equal to three times the legal interest rate.
The legal interest rate is the one in force on the day of the delivery.
This penalty is calculated with the remaining amount due, and runs from the due date of the payment without any prior notice being necessary.
In addition to the late payment penalties, any sum not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code (France ).
Clause n° 6 – Delievery
6.1 – Delievery rates and terms
Delivery is made :
- either by sending a link available after the purchase of a downloadable digital product;
- by delievering the physical product at the place indicated by the buyer on the order form;
- by direct delivery of the goods to the buyer when the purchase is made near the seller;
The shipments will be made by La Poste. Therefore the delivery rates and methods will be determined by the delievery rates of the aforementioned company.
These rates will be calculated when the buyer will indicate his home adress on the checkout page. The purpose of this manipulation is to calculate the delivery rates specific to the buyer and do not commit to the purchase.
The place of delivery of the product could thus vary according to buyer’s availability. The seller can not be held responsible for unforeseeable variations in the place of delivery such as collection points or post offices.
International deliveries will be handled by local delivery services after crossing the border. The seller cannot be held responsible for the delivery conditions of these agencies.
Some countries might be excluded if the delievery methods or political forces blocked the possibility of the said delievery.
6.2 – Delivery times
Physical products will be prepared within one week in order to guarantee their quality and adequacy with the description available in the store.
Customized orders will require a separate preparation time that will be discussed and established by the parties by mutual agreement.
The same applies to their delivery, which will require a specific treatment depending on the product.
The product might influence the rates and delivery times. The buyer accepts these conditions when placing the order.
The delivery time indicated at the time of the order is given only as an indication and is not guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :
– compensation;
– cancellation of the order.
The risk of transport is borne entirely by the buyer.
Clause n° 7 – Returns, exchanges, refunds and cancellations
The seller does not accept returns, exchanges, refunds or cancellations.
Exceptions to this rule may apply in the following situation:
In the event of a problem related to an error on the part of the seller it is the buyer’s responsibility to contact the seller in order to obtain a repair. The greatest care will be taken in the execution of the order and the quality of the products. In the event of a defect recognized by the seller, the seller’s obligation shall be limited to the replacement or reimbursement of the defective quantities, without further compensation.
Defects and damages resulting from storage, handling, transport or use in abnormal conditions or not in conformity with the nature, the prescriptions, the aptitude for the use of the product are excluded from the guarantee.
Clause n° 8 : Resolutory Clause
If within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the outstanding amounts, the sale will be automatically cancelled and may entitle the seller to compensation.
Clause n° 9 : Force majeure
The responsibility of Kristina Arakelian cannot be implemented if the non-execution or the delay in the execution of one of her obligations described in the present Terms of Sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 10 : In the vent of a dispute
Any dispute relating to the interpretation and execution of these Terms of Sale is subjected to French law.
As an entrepreneur selling to individuals, the seller may proceed to the amicable resolution of any dispute arising from a transaction.
If this procedure fails, the parties may contact a mediation service recognized by the CECME.
No discount will be granted for early payment.
Clause n° 5 – Payment terms
5.1- Methods and payment deadlines
During a shop purchase or a custom order the payment is made by Paypal, Credit Card or Visa.
The orders made in the store will be taken care of once the payment made by the customer has been confirmed.
In the case of custom orders, the payment deadline will be determined by the parties.
If the parties have not established a specific payment deadline for the order in question, the price must be paid on the thirtieth day following the date of delievery.
5.2 – Late payment penalty
In case of non-payment of the goods in whole or in part on the day of delievery, the buyer shall pay Kristina Arakelian a late payment penalty equal to three times the legal interest rate.
The legal interest rate is the one in force on the day of the delivery.
This penalty is calculated with the remaining amount due, and runs from the due date of the payment without any prior notice being necessary.
In addition to the late payment penalties, any sum not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code (France ).
Clause n° 6 – Delievery
6.1 – Delievery rates and terms
Delivery is made :
- either by sending a link available after the purchase of a downloadable digital product;
- by delievering the physical product at the place indicated by the buyer on the order form;
- by direct delivery of the goods to the buyer when the purchase is made near the seller;
The shipments will be made by La Poste. Therefore the delivery rates and methods will be determined by the delievery rates of the aforementioned company.
These rates will be calculated when the buyer will indicate his home adress on the checkout page. The purpose of this manipulation is to calculate the delivery rates specific to the buyer and do not commit to the purchase.
The place of delivery of the product could thus vary according to buyer’s availability. The seller can not be held responsible for unforeseeable variations in the place of delivery such as collection points or post offices.
International deliveries will be handled by local delivery services after crossing the border. The seller cannot be held responsible for the delivery conditions of these agencies.
Some countries might be excluded if the delievery methods or political forces blocked the possibility of the said delievery.
6.2 – Delivery times
Physical products will be prepared within one week in order to guarantee their quality and adequacy with the description available in the store.
Customized orders will require a separate preparation time that will be discussed and established by the parties by mutual agreement.
The same applies to their delivery, which will require a specific treatment depending on the product.
The product might influence the rates and delivery times. The buyer accepts these conditions when placing the order.
The delivery time indicated at the time of the order is given only as an indication and is not guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :
– compensation;
– cancellation of the order.
The risk of transport is borne entirely by the buyer.
Clause n° 7 – Returns, exchanges, refunds and cancellations
The seller does not accept returns, exchanges, refunds or cancellations.
Exceptions to this rule may apply in the following situation:
In the event of a problem related to an error on the part of the seller it is the buyer’s responsibility to contact the seller in order to obtain a repair. The greatest care will be taken in the execution of the order and the quality of the products. In the event of a defect recognized by the seller, the seller’s obligation shall be limited to the replacement or reimbursement of the defective quantities, without further compensation.
Defects and damages resulting from storage, handling, transport or use in abnormal conditions or not in conformity with the nature, the prescriptions, the aptitude for the use of the product are excluded from the guarantee.
Clause n° 8 : Resolutory Clause
If within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the outstanding amounts, the sale will be automatically cancelled and may entitle the seller to compensation.
Clause n° 9 : Force majeure
The responsibility of Kristina Arakelian cannot be implemented if the non-execution or the delay in the execution of one of her obligations described in the present Terms of Sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 10 : In the event of a dispute
Any dispute relating to the interpretation and execution of these Terms of Sale is subjected to French law.
As an entrepreneur selling to individuals, the seller may proceed to the amicable resolution of any dispute arising from a transaction.
If this procedure fails, the parties may contact a mediation service recognized by the CECME.