These general terms and conditions of sale (hereinafter, the "GTC") apply to Orders that are made from the online sales service for "merchandising" products which is offered by the Company from e-shops 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 or undertaking, failing that, to obtain, prior to registering for 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 to have been made upon completion of payment 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 consult 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 Intra-community VAT number: FR48895405751 SIRET number: 89540575100010 Publication director: Kamel Kebir
“Products”: physical “merchandising” products (such as clothing, books, stationery, goodies, etc.) reproducing content linked to a group, an artist, a creator or a 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": 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; of any possible Customer complaints.
2 – PURPOSE OF THE GTC
These General Terms and Conditions determine the rights and obligations of the Company and the Customer in the context of the online sale of the Products offered by the Company.
3 – APPLICATION OF THE GTC
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 has accepted them before placing an Order.
These General Terms and Conditions, which the Company reserves the right to modify at any time by publishing a new version on its website, prevail, except for special 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 that 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 that the offer is suitable for his needs.
The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is making a commitment.
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 prior registration by the Customer using the form made available to them when they first connect, made with a view to placing an Order, from the Service or the prior creation of a Customer Account.
As part of its registration, the Client transmits the following identification elements to the Company:
Name / First name
Legal name of the company to which it belongs (if applicable)
Shipping Address / Billing Address
Password
Identifier
4.2 Any duly completed registration request is sent to the Company, which acknowledges receipt by email 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 his registration is accurate, complete and regularly updated from his Customer Account.
5 – ORDERS
5.1 Orders may be placed in any territory worldwide. 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 comply with the following procedure consisting of:
select your Products (by entering the desired size and quantities);
identify themselves on the Service by connecting to their Customer Account (by providing the information relating to their identification) or by filling in the fields of the “Contact details” form;
view their Order summary (displaying the price details of each Product as well as the total price of their 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 reversing the choice of his Products at any time, of correcting any errors made when entering his Order and/or of modifying all or part of his 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 read them, by checking the box provided for this purpose.
Confirmation of the Order will constitute formation of the contract.
The language proposed for the conclusion of the contract is French for Customers using French language navigation or English for Customers using English language navigation 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 navigation 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 bank card (Visa, American Express, Master Card, other bank cards) or by any other secure online payment method indicated to the Customer.
By providing his banking information during the sale, the Customer authorizes the Company to debit his 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 if it is impossible to debit the card, the sale is immediately terminated by operation of law and the order is canceled.
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 availability of the Products in stock.
The sending by the Company of a confirmation email definitively validates the Customer's Order. However, and if for whatever reason the Company is unable to follow up on an Order, it will inform the Customer by email as soon as possible and, provided that it has already collected the amount, will proceed to reimburse it.
5.5 The Order confirmation email that the Company sends to the Customer in accordance with Article 5.4 contains a link to connect to the Customer's account in order to download, in pdf format, the version of the General Terms and Conditions that are in force on the date of 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, the details of the Order, as well as the 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 fees). This does not include delivery costs, which are charged in addition.
In any case, the total amount due 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 duties and sums are not the responsibility of the Company. They will be the responsibility of the buyer and are his 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 rates in effect 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 entails transfer of ownership of the Products to the Customer.
7 – DELIVERY
7.1 The Products are delivered to the address provided by the Customer and in compliance with 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 as “pre-order”, the delivery time does not take into account the time taken to deliver the Products to the Company.
The Company reminds that at the time the Customer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to him. It is therefore up to the Customer to notify the carrier of any possible reservations about the Product delivered.
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 it to be delivered to the mailbox, a delivery notice will be left for him and the package will be made available to him at the drop-off point to which the Customer is attached. The Customer has a period of 15 (ten) working days from the arrival of the package at the post office to come and 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 it to be delivered to the mailbox, a delivery notice will be left for them and the package will be made available to them at a drop-off point to which the Customer is attached. The Customer 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 – signature required
Home delivery with tracking and signature required with an average delivery 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 destinations other than mainland France (including Corsica), depending on the delivery destination indicated.
The package delivered to your home with tracking and 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, living with him or specially mandated. The signature of the recipient is not systematically made available to the Customer.
Where applicable, the digital signature of the recipient, of any person attached to his service, living with him, or of the person specially authorized, as well as its reproduction, constitute proof of delivery of the package. Refusal to sign is equivalent to refusal of the shipment.
A confidential code may also be sent to the recipient by SMS or email before delivery of the package. The package may be delivered to the address indicated against transmission of this confidential code. The matching of the codes constitutes proof of delivery of the package and is equivalent to a signature.
If the Customer is absent, a delivery notice will be left for them and the package will be made available to them at the drop-off point to which the Customer is attached.
7.3 In the event of a delay in shipping, the Customer will receive an email 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 and this without having to justify his decision.
8.2 The withdrawal request is addressed 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 2 p.m. to 5 p.m. (excluding public holidays) – to obtain a withdrawal form;
either by logging into their Customer Account from the “Order Details” section.
The Products are returned by the Customer by mail, at his expense, to the address of the place of dispatch of the Products or to any other address which would be indicated to him from his Customer Account by the Company no later than 14 (fourteen) days following the date of sending, by the Customer, to the Company of his withdrawal form.
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 signed by name by the artist and 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 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 (in particular 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 reasons of hygiene or health protection. This particularly concerns foodstuffs.
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 for sale). 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 Customer 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 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 Customer and this no later than 14 (fourteen) days following the date on which the Company receives the Customer's withdrawal form.
9 – TERMINATION OF THE CONTRACT
9.1 In accordance with Articles L. 216-1 et seq. of the French Consumer Code, and in the event that the Company has not complied with the maximum legal delivery time of 30 days, the Company undertakes to notify the Customer as soon as possible by e-mail. The Customer 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 notification by the Customer.
If the Company has not complied within this additional period, the Customer has, subject to Article 9.3, the possibility of cancelling his Order by registered letter with acknowledgement of receipt addressed to the Company after sending an initial formal notice, sent by registered letter with acknowledgement of receipt to the Company, ordering it to carry out the delivery as soon as possible, which has remained without effect.
The Order is, in this case, 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, on the date of receipt of said letter, 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 returned without the prior agreement of the Company will not give rise to a refund.
9.3 In any event, no cancellation is possible in the event of a delay in delivery due to an address error attributable to the Customer.
10 – CUSTOMER COMMITMENT
10.1 The Customer declares that he is of legal age or, failing that, undertakes to obtain, prior to registration, the authorization of his parents or his guardian exercising parental authority, the latter 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 of the Products ordered from the Service for any commercial purpose.
10.3 The Client undertakes more generally to comply with all the terms and conditions of these General Terms and Conditions and to keep, if necessary by printing them, all copies of the General Terms and Conditions sent to it by the Company in accordance with Article 5.4 above.
11 – COMPLIANCE
11.1 The Company guarantees the conformity of the goods to 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 of 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, provided that the Customer informs it immediately, upon receipt of the Product, by contacting Customer Service by e-mail at the following address: shop@karminecorp.fr or by post to 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 refund of said Products, provided that, in the event of a non-compliant Order, the Products concerned are returned to it under the conditions of Article 8.3 and, in the event of damage, this must be noted 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 purchase, by crediting the Customer's bank account, and 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 has a period of 2 (two) years from delivery of the Product to request the Company, at its discretion, to repair or replace 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 that may have been granted.
11.4 Legal guarantee of hidden defects:
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction in the sale 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 General Terms and Conditions) for an amount greater than 120 euros excluding VAT, 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 his Order and the General Terms and Conditions in force at the time of the Order.
12 – INTELLECTUAL PROPERTY RIGHTS
The 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 T&Cs. 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 processing of the Customer's order by the Company. If the Data is not provided, the order cannot be taken into account.
The Data transmitted by the Client are the following Data: surname, 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 the Products;
finalization of the transaction; and
buyer relationship management.
Any other use of the Client’s Data will be subject to its prior written authorization.
The Data collected is kept for the following durations:
Data relating to payments made by the Customer, in particular banking data, are retained, in accordance with the deliberation of the National Commission for Information Technology and Civil Liberties (hereinafter, the "CNIL") no. 2018-303 of September 6, 2018, for a period of thirteen (13) months from the 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 any 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 6 January 1978 known as "Informatique et Libertés" and the GDPR, the Client has a right of access, rectification, portability and erasure over the Data concerning him. He also has the right to limit and oppose the processing and the right to the portability of his Data. Finally, the Client has the right to define guidelines relating to the retention, erasure and communication of his Data after his death.
To exercise his rights, the Customer may 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 any means, of his identity. In the event of doubt as to the Customer's identity, the Company reserves the right to request additional information that appears necessary, including a photocopy of an identity document bearing the Customer's signature.
The Client 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 Client is informed that the person responsible for his/her personal data is the company Karmine Corp SAS.
To learn more about the Company's commitments regarding the protection of personal data, 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 shall not be held liable if the non-performance or delay in the performance 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 shall notify the Customer of the occurrence of such an event as soon as possible.
15 – APPLICABLE LAW
All clauses contained in these General Terms and Conditions, as well as all purchase and sale transactions referred to therein, will be subject to French law.
16 – CLAUSES
The invalidity of a contractual clause does not entail the invalidity of these general conditions of sale.
17 – COMPETENT JURISDICTION
The Customer may bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he or she resided at the time of conclusion of the General Terms and Conditions.
The Customer, in application of article L. 616-1 of the Consumer Code, has the possibility of using the Company's consumer mediator free of charge, with a view to the 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
