These General Terms and Conditions of Sale (hereinafter, the "GTC") apply to Orders placed through the online "merchandising" product sales service offered by the Company from e-stores, particularly those created by artists and creators, and which can be viewed from their personal pages and/or dedicated websites (hereinafter, the "Service").
1 – DEFINITIONS
"Client": a natural person, registered on the Service and making an online purchase of Product(s), who is at least 18 (eighteen) years old or undertakes, failing this, to obtain authorization from their parents or guardian exercising parental authority prior to their registration on the Service.
"Order": any purchase of Product(s) made from the Service by a Client. An Order is considered placed upon completion of payment by the Client.
"Client Account": an account created by a Client from the Service, allowing them to access their identification data, track their Orders, and view their payment history.
"Company": Karmine Corp SAS Registered 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, goodies, etc.) reproducing content related to a group, artist, creator, or brand, as well as any physical recording medium such as CD or DVD and/or any other type of product that the Company may market on the Service.
"Customer Service" or "Service": a service made available to the Client by the Company from Monday to Friday from 9 am to 12 pm and from 2 pm to 5 pm (excluding public holidays) allowing the creation of a Client Account and the processing, via the "Order Details" section of their Client Account, or through the Help Center shop@karminecorp.fr or by mail to the following address: 600 Rte de Bidache, Exte Logistika, Hastingues 40300; of any Client claims.
2 – PURPOSE OF THE GTC
These GTC define the rights and obligations of the Company and the Client in connection with the online sale of Products offered by the Company.
3 – APPLICATION OF THE GTC
These GTC come into force as soon as the Client places an Order under the conditions of Article 5 below. The Client therefore undertakes to consult these GTC and to validate them before each Order by checking the box provided for this purpose, in accordance with Article 5.2.
These GTC govern the sales of Products made through the Company's website, and are an integral part of the contract between the Company and the Client. They are fully enforceable against the Client who accepted them before placing an Order.
These GTC, which the Company reserves the right to modify at any time by publishing a new version on its website, prevail, unless special conditions are issued by the Company, over all other documents or conditions, which the Client expressly acknowledges and accepts, without restriction or reservation. Only the version of the GTC that is online at the time the Client places an Order, in accordance with Article 5.2, applies between the Company and the Client.
The Client acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs.
The Client declares to be legally capable of contracting under French law or to validly represent the natural or legal person for whom they are committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
4 – CLIENT ACCOUNT CREATION
4.1 Access to the Service requires the Client's prior registration using the form made available to them during their first connection, made to place an Order, from the Service or the prior creation of a Client Account.
As part of their registration, the Client provides the Company with the following identification elements:
Last Name / First Name
Company name of the affiliated company (if applicable)
Delivery address / Billing address
Password
Username
4.2 Any duly completed registration request is transmitted to the Company, which acknowledges receipt by e-mail and allows the activation of a Client Account.
4.3 The Client is solely responsible for the confidentiality of their password and username, as well as for any Order placed through their Client Account. The Client also undertakes to ensure that the information provided during registration is accurate, complete, and regularly updated from their Client Account.
5 – ORDERS
5.1 Orders can be placed worldwide. Any Order placed by a Client residing outside French territory will be processed in accordance with these GTC, subject to any other applicable legislative provisions in the country where the ordering Client is domiciled.
5.2 In accordance with the provisions of Article 1127-1 of the Civil Code, to place an Order, the Client undertakes to follow the following procedure:
select their Products (by indicating the desired size and quantities);
identify themselves on the Service by logging into their Client Account (by providing their identification information) or by filling in the fields of the "Contact Information" form;
view their Order summary (displaying the price details of each Product as well as the total price of their Order);
select their delivery method;
validate their contact details and their Order by clicking on the "Continue to payment" link; and
proceed with payment by clicking on the "Validate payment" link or any other link indicating that placing an order obligates payment.
The Client has the possibility, provided they have not yet confirmed their payment, to return at any time to the choice of their Products, to correct any errors made when entering their Order and/or to modify all or part of their identification data (including the billing and/or delivery address). Any payment confirmation requires acceptance of these GTC, which the Client undertakes to validate, after having read them in full, by checking the box provided for this purpose.
The confirmation of the Order will constitute the formation of the contract.
The language proposed for the conclusion of the contract is French for Clients using French navigation or English for Clients using English navigation or a language other than French. The choice of French navigation language is initially set by default if the Client's browser language is not French. The Client may also be offered the option to voluntarily choose their navigation language using the Language menu displayed on all pages of the site.
The parties agree that illustrations or photos of the Products offered for sale have no contractual value.
5.3 Payment for the Order is made by bank card (Visa, American Express, Master Card, other bank cards) or by any other secure online payment method indicated to the Client.
By communicating their banking information during the sale, the Client authorizes the Company to debit their card for the amount corresponding to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the sale is immediately resolved by right and the order cancelled.
Any Order by the Client is debited before shipment.
5.4 An order confirmation email starting with # is sent to the Client upon receipt of their payment and after the Company has verified the stock availability of the Products.
The Company's sending of a confirmation email definitively validates the Client's Order. However, if for any reason the Company is unable to fulfill an Order, it will inform the Client by email as soon as possible and, provided it has already collected the amount, will proceed with a refund.
5.5 The Order confirmation email that the Company sends to the Client in accordance with Article 5.4 contains a link to log in to their account to download, in PDF format, the version of the GTC in force on the date of validation of the Client's Order in accordance with Article 5.2. This email also indicates an estimated delivery date.
The archiving of communications, the Order, Order details, and invoices is carried out on a reliable and durable medium so as to constitute, in the Client's interest, a faithful and durable copy.
6 – PRICE
The price of the Products is indicated in euros, all taxes included (including processing fees). This does not include delivery costs, which are billed additionally.
In all cases, the total amount due by the Client, including shipping costs, is indicated on the Order confirmation page.
Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Company. They will be borne by the buyer and are their exclusive responsibility (declarations, payment to competent authorities, etc.). The Company invites the Client to inquire about these aspects with the relevant local authorities.
All orders are invoiced based on the prices in force at the time of validation of the Client'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 implies the transfer of ownership of the Products to the Client.
7 – DELIVERY
7.1 Products are delivered to the address provided by the Client and within the delivery time indicated in the confirmation email that the Company sends, in accordance with Article 5.4, upon receipt of payment from the Client.
THE DELIVERY TIMES BELOW DO NOT TAKE INTO ACCOUNT THE ORDER PREPARATION TIME, NOR THE PREPARATION TIME FOR CUSTOMIZED PRODUCTS.
For Products indicated as "pre-order", the delivery time does not include the time for the Products to reach the Company.
The Company reminds that at the moment the Client physically takes possession of the Products, the risks of loss or damage to the Products are transferred to them. It is therefore up to the Client to notify the carrier of any reservations regarding the delivered Product.
7.2 The following different delivery methods are offered to the Client:
Relay point delivery:
Delivery to a drop-off point with an average delivery time of 3 to 7 working days depending on the indicated delivery destination. The Client 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 delivery time of 2 (two) to 7 (seven) working days to the indicated delivery address. If the Client is absent and the size of the package does not allow delivery to the mailbox, a notice of passage is left for them and the package is made available to them at a drop-off point to which the Client is attached. The Client has a period of 15 (fifteen) 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 delivery time of 3 (three) to 15 (fifteen) working days depending on the indicated delivery destination. If the Client is absent and the size of the package does not allow delivery to the mailbox, a notice of passage is left for them and the package is made available to them at a drop-off point to which the Client is attached. The Client has a period of 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 – against signature
Tracked home delivery against signature with an average delivery time of 5 (five) to 10 (ten) working days for France, depending on the indicated delivery destination, and 5 (five) to 15 (fifteen) working days for destinations other than mainland France (including Corsica), depending on the indicated delivery destination.
The package for tracked home delivery against signature will be delivered to the address indicated by the Client against the signature of the recipient or that of any person attached to their service, residing with them or specifically mandated. The recipient's signature is not systematically made available to the Client.
If applicable, the digitized signature of the recipient, of any person attached to their service, residing with them, or of the specifically mandated person, as well as its reproduction, serves as proof of delivery of the package. Refusal to sign is equivalent to a refusal of the shipment.
A confidential code may also be sent to the recipient by SMS or email before the delivery of the package. The package may be delivered to the indicated address against transmission of this confidential code. The concordance of the codes serves as proof of delivery of the package and is equivalent to a signature.
If the Client is absent, a delivery notice is left for them and the package is made available to them at a drop-off point to which the Client is attached.
7.3 In case of shipping delay, the Client receives an email indicating a new delivery date.
8 – WITHDRAWAL
8.1 In compliance with current legislative provisions, and subject to Article 8.3, the Client has a period of 14 (fourteen) days from the receipt of the Order to exercise their right of withdrawal as provided for in Article L. 221-18 of the Consumer Code, without having to give reasons for their decision.
8.2 The request for withdrawal is sent to the Company by the Client:
either by contacting Customer Service: shop@karminecorp.fr – from Monday to Friday from 9 am to 12 pm and from 2 pm to 5 pm (excluding public holidays) – to obtain a withdrawal form;
or by logging into their Client Account from the "Order Details" section.
Products are returned by the Client by mail, at their own expense, to the address of the shipping location of the Products or to any other address indicated to them from their Client Account by the Company no later than 14 (fourteen) days following the date of sending, by the Client, of 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 Client, (iii) if they are ticketing products or (iv) if they are personalized products (for example, without this list being exhaustive, products personally autographed by the artist and products printed with a message chosen by the Client).
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 the 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 (including access to a release party), the right of withdrawal cannot be exercised by the Client, including when access to the show pre-sale 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 Client after delivery and cannot be returned for reasons of hygiene or health protection. This particularly concerns foodstuffs.
The Client cannot withdraw when the Product is an item likely to deteriorate or expire rapidly, 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 remarket the Products). Consequently, (i) any clothing worn or having suffered damage, even minor, (ii) any CD, DVD or food product that has been unsealed and (iii) any Product that has been damaged by the Client will not be taken back or refunded by the Company.
8.4 In the event of withdrawal in accordance with this Article 8, the Company is obliged to refund, excluding the costs of returning the Products which are the responsibility of the Client, the entirety of the sums paid (including delivery costs) by the Client, no later than 14 (fourteen) days following the date on which the Company receives the Client's withdrawal form.
9 – CONTRACT RESOLUTION
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 legal maximum delivery period of 30 days, the Company undertakes to notify the Client by e-mail as soon as possible. The Client may, at their discretion, 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 the Client's notification.
If the Company has not performed within this additional period, the Client has, subject to Article 9.3, the possibility of cancelling their Order by registered letter with acknowledgment of receipt addressed to the Company after sending a first formal notice, sent by registered letter with acknowledgment of receipt to the Company, enjoining it to carry out the delivery as soon as possible, which has remained without effect.
The Order is, in this hypothesis, cancelled upon receipt by the Company of the registered letter with acknowledgment of receipt notifying it of said cancellation, unless the Order has actually been delivered by the Company on the date of receipt of said letter.
9.2 In the event of cancellation, in accordance with this Article 9, the Company is obliged to refund the entirety of the sums paid (including delivery costs) by the Client, no later than 14 (fourteen) days following the date on which the Company receives the Client's letter notifying it of the cancellation. In case of a problem related to the order (delivery error or other), if the Client contacts the Company within a period of 3 months from the order date, the refund will be made to the payment method used during the order. After this period, any refund request will be processed in the form of a voucher valid on the Karmine Corp website, for an amount equivalent to the initial order.
Product returns must be subject to the Company's prior agreement. Any Product reshipped without the Company's prior agreement cannot be refunded.
9.3 In any event, no cancellation is possible in the event of a delivery delay due to an address error attributable to the Client.
10 – CLIENT COMMITMENT
10.1 The Client declares to be of legal age or undertakes, failing this, to obtain, prior to registration, the authorization of their parents or guardian exercising parental authority, the latter remaining, in all circumstances, guarantors of compliance with these GTC, which the Client expressly acknowledges and accepts.
10.2 The Client undertakes to make strictly personal use, to the exclusion of any commercial purpose, of the Products ordered from the Service.
10.3 The Client more generally undertakes to comply with all the terms and conditions of these GTC and to keep, if necessary by printing them, all copies of the GTC sent to them by the Company in accordance with Article 5.4 above.
11 – COMPLIANCE
11.1 The Company guarantees the conformity of the goods with the contract. The Products sold through 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 persons 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 Client's choice, to refund or exchange any defective Product that may have suffered damage before receipt and/or that does not correspond to the Client's Order, provided that the Client immediately informs the Company upon receipt of the Product by contacting Customer Service by e-mail at the following address: shop@karminecorp.fr.
11.3 Legal guarantee of conformity:
The Company will ensure the exchange and/or refund of said Products, provided that, in the event of a non-compliant Order, the Products concerned are returned under the conditions of Article 8.3 and, in the event of damage, that this is imperatively noted on the delivery note. The return costs of the Products will be refunded by the Company to the Client upon presentation of the relevant proof. In the event of a refund, it will be made using the same payment method as that used for the purchase, by credit to the Client's bank account, and will not incur any charges for them. 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 Client benefits from a period of 2 (two) years from the delivery of the Product to request from the Company, at their choice, the repair or replacement of the good, subject to the cost conditions provided for in 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 Client may decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction in the selling price in accordance with the provisions of 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 GTC) whose amount exceeds 120 euros excluding tax, in accordance with current legislative provisions, for a period of 10 (ten) years.
During this period, the Company undertakes to provide the Client, upon request, with the invoice corresponding to their Order and the GTC in force at the time of the Order.
12 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, 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 carried out through these GTC. Any total or partial reproduction, modification, or use of these assets 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 Client's order. Failure to provide the Data will prevent the order from being taken into account.
The Data transmitted by the Client are the following Data: last name, first name, postal address, email address, telephone number, date of birth, payment information.
The Data provided by the Client are processed by the Company for the following purposes:
order management;
sale and delivery of Products;
transaction finalization; and
management of relations with the buyer.
Any other use of the Client's Data will be subject to their prior written authorization.
The collected Data are retained for the following periods:
Data relating to payments made by the Client, including bank details, are retained, in accordance with deliberation n°2018-303 of September 6, 2018, by the French National Commission for Information Technology and Liberties (hereinafter, the "CNIL"), for a period of thirteen (13) months from the complete payment of said purchase, or fifteen (15) months in the case of payment by deferred debit payment card, to allow for the management of any claims; and
other collected Data are retained for a period of 36 (thirty-six) months from the last purchase.
The collected Data are 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 Client has a right to access, rectify, port, and erase the Data concerning them. They also have rights to limit and object to processing and the right to portability of their Data. Finally, the Client has the right to define directives concerning the retention, erasure, and communication of their Data after their death.
To exercise their rights, the Client may send a request by email to the following address: contact@karminecorp.fr. This request must include the Client's contact details and justify, by any means, their identity. In case of doubt about the Client's identity, the Company reserves the right to request any additional necessary information, including a photocopy of an identity document bearing the Client's signature.
The Client also has, if applicable, a right of recourse to the CNIL, 3 PLACE DE FONTENOY – TSA 80715 – 75334 PARIS CEDEX 07, the supervisory authority responsible for compliance with personal data obligations.
The Client is informed that the data controller for their personal data is Karmine Corp SAS.
To learn more about the Company's commitments regarding personal data protection, the Client can consult the Company's personal data protection policy, accessible online at the following address: LINK TO PRIVACY POLICIES
14 – FORCE MAJEURE
The Company's liability cannot be invoked if the non-execution or delay in the execution of one of its obligations described in these GTC results from a case of force majeure, as defined and retained by Article 1218 of the Civil Code and the jurisprudence 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 GTC, 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 terms and conditions of sale.
17 – COMPETENT JURISDICTION
The Client 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 they resided at the time of the conclusion of the GTC.
The Client, in application of Article L. 616-1 of the Consumer Code, has the possibility to use the Company's consumer mediator free of charge, with a view to amicable resolution of the dispute, whose contact details are as follows:
FEVAD
60, rue de la Boétie
75008 PARIS
https://www.mediateurfevad.fr/
https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx
