ARTICLE 1. SCOPE

The General Conditions of Sale detailed below (hereinafter referred to as the "General Conditions"), govern the contractual relations between any user of the site kte-art-fengshui.com (hereinafter referred to as a "User" or "You" ) and the commercial sign KTE Art & Fengshui belonging to the company KTE Art & Fengshui with a capital of 1000 EUROS, whose head office is located at 210 Allée des Musiciens - 13100 Aix-en-Provence FRANCE and registered in the register of commerce and Paris companies under number 920 953 155 (hereinafter referred to as "KTE Art & Fengshui").

These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to any Buyer wishing to acquire the Works offered on the KTE Art & Fengshui website.

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Will be considered as "Buyer", any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, who wishes to buy a Work offered for sale by KTE Art & Fengshui on kte-art-fengshui.com website. The sale of Works is open to persons having the legal capacity to contract under applicable law.

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Will be considered as "Work", any work of art presented on the site kte-art-fengshui.com with a description putting the Buyer in a position to know its essential characteristics (authors, titles, dimensions, support, etc.) as well as than its price and indicated as "available".

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Conversely, all Works indicated as “reserved” will be considered not available for sale.

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These general conditions of sale are the only ones applicable and replace all other conditions, except prior, express and written derogation. KTE Art & Fengshui may occasionally be required to modify some of the provisions of its general conditions, so it is necessary that they be reread before each visit to the site kte-art-fengshui.com (hereinafter referred to as the "Site") . These modifications are enforceable from the time they are posted online (the date of posting appearing at the end of these conditions) and cannot be applied to contracts concluded previously. Each purchase on the Site is governed by the general conditions applicable on the date of the order. By validating your order, you unreservedly accept the General Conditions after having read them. By accessing the Site, you agree to abide by these terms. It is specified that these conditions govern the sales of artistic products, canvases, paintings, photographs, furniture and accessories of KTE Art & Fengshui on the Site.

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When booking and/or actually purchasing one or more Works on the kte-art-fengshui.com website, the Buyer will be asked to read and accept these T&Cs. He will confirm this knowledge and acceptance of the GCS by ticking the box "I have read and I accept the General Conditions of Sale". The act of ticking said box by the Buyer therefore implies full and unreserved acceptance of all of these General Terms and Conditions of Sale.

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No sale of Work on the kte-art-fengshui.com site will be considered by KTE Art & Fengshui without the acceptance of these GTC.

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As a result, the Buyer waives the right to rely on any contradictory document and, in particular, his own general conditions of purchase, the act of purchase requiring the acceptance of these GCS.

These T&Cs are binding on Buyers of the site from the time they are put online and cannot apply to transactions concluded previously.

 

The KTE Galerie d'Art reserves the right to cancel or refuse, without delay, any order/reservation which it deems contentious or fraudulent and/or any order/reservation by a Buyer with whom there is a past or ongoing dispute. of any kind.

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ARTICLE 2. USE OF THE SITE

To use the Site, you must be at least 18 years old, be legally capable of contracting and using this Site in accordance with these General Conditions. You guarantee the truthfulness and accuracy of the information provided by you on this Site. KTE Art & Fengshui reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The Site is available in French, English, Spanish and Korean. The language of the Site depends on the language of Your internet browser. If the language of your internet browser is not one of the 4 languages ​​above, the language of the Site will be French. You can change the choice of language on the home page of the Site.

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2.1 Essential characteristics of the products

The products sold on the Site's art gallery are artistic products including canvases, paintings, drawings, art photographs, furniture numbered in limited series, as well as decorative accessories. The canvases, paintings, drawings, art photographs are offered in one or more formats and supports, according to the agreements made between the artist or his representatives and KTE Art & Fengshui. The canvases, paintings, drawings, art photographs are accompanied by a biography of the artist and a certificate of authenticity in English.

The prices are indicated inclusive of all taxes, excluding participation in shipping costs. Only payments in euros are accepted. In the event of delivery to a country other than metropolitan France, you are the importer of the work(s) concerned. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.

These rights and sums are not the responsibility of KTE Art & Fengshui. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

KTE Art & Fengshui reserves the right to change its prices at any time. The works will be invoiced on the basis of the rates in force at the time of the registration of the orders, subject to availability. The works remain the property of KTE Art & Fengshui until full payment of the price indicated.

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2.2 Placing an order

To place an order, You must at least go through the following steps:

• Consultation of the sheet presenting an artistic product. On this screen You can choose the format and the support among those proposed for this work. The stock status is indicated (in stock / available in a few days / pre-order available within 1 month / sold out). You must click "Add to Cart" to add this item to your cart.

• “Basket” screen: you can delete an item or modify the quantities ordered.

• Screens for identifying or creating a customer account.

• Delivery mode selection screen. On this screen, you are offered a link to modify the items in your order.

• Summary screen and choice of payment. This screen allows you to choose your method of payment and check the various elements making up your order (items, quantity, delivery method, total price). You must ensure that all of these elements comply with your request. Thanks to the links on this screen, You have the possibility to modify your order.

• You must then accept these general conditions of sale and use of the Site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled "general conditions of sale". Their acceptance is made by ticking the box affixed to the link to these conditions. The general conditions of sale and use of the Site must be accepted with each order.

• You pay for your order by the chosen payment method

• The contract is concluded upon confirmation of payment by the bank.

• The Site sends you a confirmation of your order by e-mail within minutes.

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2.3 Means of payment

Several payment methods are available to you to pay for your order on the Site:

• Credit card, virtual credit card, Visa, Mastercard.

• PayPal

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2.4 Payment Security

For payments by credit card, the transaction is carried out by the Stripe payment system or by Paypal. The User's bank details are encrypted (SSL technology, Secure Socket Layer). They do not circulate unencrypted on the Internet and cannot be intercepted. Your bank details (card number, expiry date, etc.) are not communicated to KTE Art & Fengshui.

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2.5 Proof

The data recorded by the Site constitutes proof of all transactions between the Site and its customers. The data recorded by the Stripe or Paypal payment system constitutes proof of financial transactions.

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2.6 Delivery

Order processing

Orders placed Monday to Friday, excluding public holidays, are dispatched within 7 working days (for artistic products indicated as "in stock"). All of the works ordered are sent in a single order.

Works rated “available within X days” will be shipped within X days on average. Works marked "sold-out" or "exhausted" can no longer be ordered.

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Delivery address

KTE Art & Fengshui delivers in mainland France and elsewhere in the world.

The delivery will be made to the delivery address that you will have validated at the time of the order as being the "delivery address", this address may be different from the "billing address".

Changing the delivery address after placing the order is often not possible for logistical reasons. You can however contact us, if you wish to change your delivery address, we will study the possibilities according to your order.

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Delivery methods and deadlines

The possible delivery methods depend on the quantity, the size of the item(s) ordered and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. Yellow Korner reserves the right to choose the carrier.

The delivery date depends on the state of the stock, the date of shipment of the order and the delivery time induced by the delivery method.

Estimated delivery times are seven (7) to fourteen (14) working days for the European Union and fourteen (14) to twenty-eight (28) for international (excluding Saturdays, Sundays and public holidays) from the sending of the Delivery Email.

The time may be slightly longer when the products must be delivered to areas with difficult access. We will make our best efforts to deliver the products ordered within the time indicated in the Delivery Email. For Deliveries to a delivery point, an email or an SMS will be sent to you as soon as your package arrives at the delivery point of your choice. From the day of delivery, you can collect the package on presentation of an identity document.

Even if we do our best to deliver your products within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.

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Delivery address

KTE Art & Fengshui delivers in mainland France and elsewhere in the world.

The delivery will be made to the delivery address that you will have validated at the time of the order as being the "delivery address", this address may be different from the "billing address".

Changing the delivery address after placing the order is often not possible for logistical reasons. You can however contact us, if you wish to change your delivery address, we will study the possibilities according to your order.

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Delivery methods and deadlines

The possible delivery methods depend on the quantity, the size of the item(s) ordered and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. Yellow Korner reserves the right to choose the carrier.

The delivery date depends on the state of the stock, the date of shipment of the order and the delivery time induced by the delivery method.

Estimated delivery times are seven (7) to fourteen (14) working days for the European Union and fourteen (14) to twenty-eight (28) for international (excluding Saturdays, Sundays and public holidays) from the sending of the Delivery Email.

The time may be slightly longer when the products must be delivered to areas with difficult access. We will make our best efforts to deliver the products ordered within the time indicated in the Delivery Email. For Deliveries to a delivery point, an email or an SMS will be sent to you as soon as your package arrives at the delivery point of your choice. From the day of delivery, you can collect the package on presentation of an identity document.

Even if we do our best to deliver your products within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.

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Shipping costs

Shipping costs are the responsibility of the customer and vary according to the country and the delivery method as well as the number and format of the works ordered.

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Receipt of delivery

Upon receipt of your order, it is your responsibility to open the package for the condition of the artistic products. If you do not personally receive the package, ask the person in charge of receiving the package to do this check. In the event of a problem, please return your package to the delivery person (La Poste or private carrier) stating the problem encountered and contact our customer service the same day.

Do not sign the delivery slip if the order arrived damaged. No claim will be admissible if the delivery note is signed.

In the case of a delivery by private carrier, the carrier is not required to deliver inside your home and can give you the package at the entrance of your building or house.

We therefore advise you to provide assistance to carry the package to your home.

Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest. (art L 133.3 of the Commercial Code).

The customer has a period of 4 months after being notified of the availability of his order to collect it. Failing this, the order will be canceled and the sums paid previously will be retained by the supplier as compensation. After this period, the customer can not claim either a refund or a discount of the goods.

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2.7 Right of withdrawal

In accordance with article L221-18 of the consumer code, you have a right of withdrawal to return the work that does not suit you. You can use the model withdrawal form but it is not mandatory.

Model withdrawal form

To the attention of KTE Art & Fengshui, 210 Allée des Musiciens, 13100 Aix-en-Provence, France, Tel: +33 7 77 91 07 92, E-Mail: kte.art.fengshui@gmail.com

I/We (1) hereby notify you of my/our (1) withdrawal from the contract for the sale of the goods (1)/for the provision of the service (1) below

Ordered on (1)/received on (1)

Name of consumer(s)

Address of consumer(s)

Date

(1) Cross out what is not applicable.

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For any order on the Site, you have a period of 15 calendar days to notify us of your return request.

To do this, please contact our customer service who will give you the return address and you will then have 14 days to return your order.

• If your order was delivered by post (Colieco, Colissimo, Chronopost), you can return your order to us by post (return costs at your expense).

• If your order was delivered by a carrier, the latter will pick up your order. This service will be billed to you at the same price as the initial delivery charges.

No shipment against reimbursement will be accepted, whatever the reason.

Items returned without their original packaging or incomplete, damaged, damaged or soiled by the customer are not taken back. Return costs are your responsibility.

KTE Art & Fengshui will refund the price of the returned items to you (return shipping costs are your responsibility) within 14 days of receipt of the items or receipt of proof of shipment of the items. This refund will be made by crediting the bank account used for payment, according to the method of payment used when ordering.

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2.8 Right of return

In the event that the works received do not conform to the order, you have a right of return. In this case, please contact our customer service who will tell you the address and the return procedures.

KTE Art & Fengshui will exchange the damaged item, within the limits of available stocks. In the event that an item is no longer available, KTE Art & Fengshui will offer you to choose another item of an equivalent amount.

In the case of the exercise of the right of return and only in this case, the costs of return and new shipment are borne by KTE Art.

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ARTICLE 3. FORCE MAJEURE

Pursuant to article 1148 of the Civil Code, KTE Art & Fengshui cannot be held responsible or considered to have committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure.

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ARTICLE 4. LIABILITY AND GUARANTEES

The company KTE Art & Fengshui strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, which it reserves the right to correct, at any time and without notice, the contents.

This site may contain links to other sites. KTE Art & Fengshui cannot be held responsible for problems of access or content of these sites.

KTE Art & Fengshui shall not be liable for any damages arising from the use or inability to use the Site.

YKTE Art & Fengshui will in no way be responsible for malfunctions attributable to software, whether or not these are incorporated into the Site or supplied with it.

KTE Art & Fengshui undertakes to respect all legal warranties which you may claim. In the event of defects in the goods, you benefit from the legal guarantees provided for by the legislation in force. The works presented on our site being in conformity with the prescriptions of the French law, we cannot be held responsible for the violation of the legislation specific to the country of delivery of the work. Therefore, we invite you to read the law in force in the country of delivery.

You benefit from the guarantees listed in this article 5 only insofar as the products have been purchased directly on the Website.

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You benefit from the following legal guarantees:

1. the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code),

If your products are non-compliant (for example if they do not correspond to the description given on the site or to your order), you have a period of two years from the delivery of the goods to contact our Customer Service by email to the following address kte.art.fengshui@gmail.com, or by post to the following address: KTE Art & Fengshui, 210 Allée des Musiciens, 13100 Aix-en-Provence, France, and return the products to us non-compliant. We will then send you replacement products, when these are available. If we are unable to replace nonconforming products within thirty (30) days, you may:

- request a full refund for non-compliant products or

- keep the non-compliant products and ask us for a reduction of part of the price, which will be determined on a case-by-case basis.

You are exempted from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the goods.

This legal guarantee of conformity applies independently of any commercial guarantee that may be taken out.

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2. the legal guarantee against hidden defects (articles 1641 and following of the Civil Code). If you manage to prove the hidden defect of a product, we are legally obliged to repair all the consequences of such a hidden defect (articles 1641 and following of the Civil Code). You can then choose between rescinding the sale or reducing the price (in accordance with article 1644 of the civil code).

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ARTICLE 5. PRICE

The prices indicated are the net prices to be paid in euros, for the Buyer residing in metropolitan France, excluding shipping costs.

 

KTE Art & Fengshui applies the VAT margin regime pursuant to Article 297 A of the General Tax Code.

 

If the Buyer orders a Work on the KTE Art & Fengshui website, to a country other than Metropolitan France, he acknowledges being the importer of the said Work.

 

In the context of a purchase destined for a country outside the European Union, all charges, possible local taxes, or customs duties, are not the responsibility of the KTE Art Gallery and will be the responsibility of the Buyer. It is his responsibility to find out about the import conditions and to declare his purchase to the authorities of his country.

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ARTICLE 6. INTELLECTUAL PROPERTY

6.1 Rights to the work

The artist, for having taken the initiative of his creation, remains the owner of the copyright on his creation, within the meaning of French law. The representation and reproduction rights of the works present on the kte-art-fengshui.com site belong to their authors and to KTE Art & Fengshui. Their joint authorization is necessary for any exploitation of these rights. Your rights to the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction.

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6.2 Intellectual property rights

All the elements present on the site and the site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, brands, models, software... These elements belong to the company KTE Art & Fengshui or else are used with the agreement of their owners. As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without written authorization. prior notice of KTE Art & Fengshui, apart from the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an offense of infringement of copyright and/or designs and/or trademarks, punishable two years' imprisonment and a fine of €152,449.02.

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