GENERAL TERMS AND CONDITIONS
K-rose Caroline Bidault
Artist Number MDA (registred Maison des Artistes) B702440
Address: 1 chemin du clos Ragault 22130 Languenan France
Phone number: + 33 622 623 789
Email: Business registration: SIRET 410 483 309 Artistic creation
General terms and conditions of the products presented in www.k-rose.gallery
Last updates 31/01/2016
These General Terms and Conditions (hereinafter “Terms”) apply in conjunction with K-Rose Terms and the Buyers.
The Terms apply to all sales of Products made through the Service between the Vendor and the Buyer. They are intended to govern the relationship between the Vendors and the Buyers of Products.
1- Conclusion of the sales contract between the Buyer and the Vendor
1)The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
2) The Buyer selects the Artwork(s) he wishes to purchase.
3) He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card via PayPal account. If he chooses to pay by credit card, he waits for confirmation of availability of the Artwork then processes the transaction as soon as possible so that payment is actually received in K-rose’s bank account within 5 business days.
Checks from French bank only are accepted as payment method. The buyer then waits for the confirmation of availability of the Artwork then processes the payment with a check and waits for confirmation of receipt by K-rose. Please Write your check to Caroline Bidault.
Address it to K-rose 1 chemin du clos ragault 22130 languenan.
4) The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available and the money has been received .
5) K-Rose agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information.
In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
6) In the event of confirmation of availability of the Product(s) by K-rose, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; The Buyer agrees to make payment for the Product.the Vendor agrees to deliver the Products or make them available at the point of sale within the period specified once K.Rose confirms receipt of payment.
7) In the absence of confirmation of availability of the Product(s) within the period referred to in point 5), or non-receipt of payment by K.Rose within 5 business days from the date of confirmation of availability of the artwork and if the Buyer has chosen this method of payment, the contract between the Buyer and K-rose is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.
However, only the contract for the sale of unavailable Products falls within this resolution.
8) In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by K.Rose ,the Products are shipped by K-Rose.
2- Price and payment
The purchase price of the Product is determined by K-Rose. It is stated in Euros on the description, incl. tax, but excluding shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities.
Payment of purchases made through the Service may be made by credit card through Paypal.
The Buyer will be charged the price for the Product purchased plus delivery charges once the K-Rose has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by K-rose, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.
Payment for purchases made through the Service may also be made by check, only from French bank account account. The transfer must be made within 5 business days from the date of confirmation of availability of the Product(s) by K-Rose.
3- Security of payments
K.rose has chosen powerful and strict tools in terms of securing payment methods. K.Rose has adopted as a payment method Debit/credit Card via Paypal and checks from French bank only.
K.rose Caroline Bidault has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer’s bank details will be requested for each new order. In fact, only PayPal has the confidential information which remains inaccessible to third parties.
Although K.Rose uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. K-Rose, Caroline Bisault, cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4- Shipping methods and fees
4.1 Shipping from the Vendor to the Buyer’s home
The Buyer has the option to have the Artwork delivered to his home by indicating so when placing his order. The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, the Vendor, provided that he has confirmed the availability of the Artwork and that K.Rose has notified him of the receipt of payment, is in charge of packing the Artwork and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
France free shipping
Europe and DOM TOM 32 euros
US 58 euros
Depending the Buyer’s delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from a Partner Gallery outside of his territory, he may need to pay import duties upon receipt of the products. Neither we nor the Partner Galleries have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
The Vendor agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork’s form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 7 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to K-Rose for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.
K-Rose agrees to provide the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier’s website, provided that the carrier offers a package tracking service.
In that case Products are transported at the Vendor’s risk.
4.2 Delivery by the Artist
The Buyer may also be delivered by the Artist herself within a circumference of 50 kilometers epicenter DINAN 22130 France.
The Buyer indicates, for each Artwork, the delivery method (Home delivery or delivery by the Artist) he chooses while confirming his order on the Site.
Once the Buyer has placed his order, provided that the Artwork is available and that K-Rose confirmed the good reception of payment, the Vendor makes the Artwork ordered available to the Buyer within a period of 7 days after.
K-Rose shall specify in his account when the Artwork is available to the Buyer at the outlet. The Buyer will then receive an email notice from K.Rose.
The Vendor, provided only that K.Rose has confirmed receipt of the full payment, will deliver the Artwork, the invoice and certificate of authenticity to the Buyer after verifying the identity of the latter.
5- Right of cancellation
In accordance with the relevant legal provisions, in the context of a purchase from a business established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is not applicable.
The buyer exercises his right of withdrawal directly from K.Rose, by sending an email to the address email@example.com. K.Rose is then personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. K.Rose will make all possible efforts to resolve the dispute with the Buyer amicably.
In case the right of withdrawal is exercised in the aforementioned time frame, only the price of the Product(s) purchased and the shipping costs will be reimbursed by K.Rose, whereas the return costs will remain the responsibility of the Buyer.
The Artwork must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of the sending. The return costs will be at the expense of the buyer.
This right of cancellation doesn’t apply for customized Artworks.
6- Litigation – Disputes
Vendor undertakes to deliver a quality service to Buyers.
In this regard, any Buyer has the ability to report, by emailing K.Rose at the address firstname.lastname@example.org, within 21 days from the receipt of any Artwok, any claim concerning the Artworks ordered, following the hereafter criteria:
- Product not received: the Product has not been received by the Buyer
- Non-compliant Product: the received Product does not correspond to the ordered Product
- Damaged Product: the received Product is damaged or broken.
In the case of a complaint from a Buyer regarding an Artwork, K.Rose will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by the Seller or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, K-Rose will reimburse the Buyer the price of the Artwork, the shipping cost, but NOT the return cost.
The Buyer’s information and data relating to the delivery are transmitted to K.Rose for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes.
K.Rose agrees to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.
In case of difficulty regarding the processing of those data, the Buyer may contact K.Rose directly, under the conditions set in the terms.
8- Partial nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
9- Applicable law