Terms & Conditions and GCU
Term and conditions of Sales
Inkartnation (hereinafter referred to as the “Company”) publishes and sells unique drawings, lithographs, sculptures, books, and all prints/reproductions on all types of media from French and international artists.
These include many original and aesthetic artworks that reflect the creative spirit of the artist.
Article 1 – Scope
These terms and conditions of sale are applicable to all sales of the Company’s items performed remotely via the website of the Company identified by the domain name: https://inkartnation.com (hereinafter referred to as the “Site”):
– Through orders placed by clients who are natural persons acting as consumers (within the meaning of the law and case law) – for delivery to the same customers on their own behalf or for any third party of their choice as a consumer (within the meaning of the law and case law).
– Through orders placed by legal entities for delivery to the same legal entities on their own behalf or for any third party of their choice, either a legal entity or a natural person acting as a consumer.
Any sale of the Company’s items through the site is subject to these terms and conditions of sale, which the customer accepts. These may be subject to changes and updates. The terms applicable to the order of an item by a customer will be those in force on the day of the order.
The Company may occasionally be required to amend some of the provisions of its general terms and conditions, so it is necessary that these be reread before each visit to the Site. These modifications are enforceable from the moment they are posted online (the online posting date appearing at the end of these conditions) and cannot be applied to contracts concluded previously.
By validating the order, the customer unconditionally accepts the general conditions after having read them.
Article 2 – Business entity
INKARTNATION, a simplified joint stock Company with capital of 1000 euros, registered with the Paris Trade and Companies Register under number 891 687 782, with its Head Office at 34, avenue des Champs-Elysées 75008 Paris – France / e-mail: firstname.lastname@example.org.
VAT FR 74 891 687 782
Article 3 – Information about items and limitation of liability
The information (name, definition, reproduction of items, detailed description: properties, characteristics, and composition, etc.) relating to all the items of the Company offered for distance selling are available in accordance with the applicable legal and regulatory requirements on the Site.
The Company cannot be held responsible for any non-substantive errors that may occur. The photographs and other reproductions of the items are only indicative and have no contractual value.
The dimensions of the items are provided for information.
In any case, if the item delivered is not compliant with respect to its description, the Company undertakes to correct this error, under the conditions of Article 12 and Article 13 below.
More generally, the Company may not be held responsible for: – interruptions or delays encountered on the Site due to maintenance work, technical breakdowns, force majeure, because of third parties or any circumstances whatsoever, regardless of the Company’s will; – the customer or the Company being temporarily unable to access the Site, due to events beyond the Company’s control, such as computer failures, interruptions of the phone network, the Internet, or breakdown of the client’s Internet network receiving equipment.
Article 4 – Terms of placing orders
4.1 To place an order on the Site, the customer must be a major, and / or have the legal capacity and hold a payment method as defined in Article 6.3 below. Orders can be placed in French or English based on the customer’s choice, and will be accepted within the limits of available stocks.
To this end, the customer is informed of the following at the time of placing an order, on the information page of the Site describing each of the items: – the availability of the item; -or, in case of temporary unavailability of the item sold, the option of ordering it for future delivery within the specified time.
If, despite the measures taken by the Company, the ordered items are no longer available, the Company will inform the customer by any means (phone call or e-mail) as soon as possible, and refund the invoiced price by crediting the amount to the customer’s bank account.
4.2 The customer agrees that all information communicated to INKARTNATION on the Site as part of the order is in accordance with these terms and conditions of sale, complete, accurate and up-to-date. Failing this, the Company reserves the right to cancel the order and the payment.
4.3 In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company will be entitled, in terms of retail sales, to refuse any order placed by the customer exceeding the authorized number of items – this authorized limit being a maximum of 2 identical items. The Company will also be entitled to refuse any order: (i) made by a customer with whom there is a dispute over the payment of a previous order; or (ii) not in accordance with these terms and conditions of sale.
If the Company finds that the order does not meet these terms and conditions of sale (for example: incorrect delivery address, order limit exceeded, etc.), it will inform the customer within a maximum of seven (7) days by telephone or by e-mail.
If the customer fails to contact the Company for the correction of the erroneous elements or the elements that are contradictory to these terms and conditions of sale appearing in his order, the Company reserves the right to cancel the order as well as the payment unconditionally.
Article 5 – Order online on the Site
Order-taking on the Site is subject to strict compliance with the procedures described below that are also confirmed by a succession of different screens indicating the successive phases that the customer must imperatively comply with, to confirm his order.
5.1 First step: Selection of items by the customer. On the Site, the customer checks the items (price, features, etc.) and then selects, enters and confirms the description and quantity of items he wishes to order (whose availability is to be confirmed by the Company if need be); these items are added to his “Cart”.
5.2 Second step: confirmation of the selected items and the order. Once the customer has finished his selection and wishes to proceed with the contents of his “Cart”, he must then confirm:
– if he has a customer account with the Company with his e-mail address (username) and password;
– if he does not have a customer account, the customer can follow a registration procedure to obtain a customer account from the Company.
The customer must also confirm:
– the delivery address of the order, it being specified that this address may possibly correspond to the usual place of residence of a third party beneficiary chosen by the customer, or, failing that, to the address of a company where the third party beneficiary exercises his professional activity;
– the desired shipping method (express or standard mail).
-the amount of shipping costs of the order being specified on this occasion.
Once all this information is entered and confirmed, the price of the items, as defined in Article 8 below, as well as the shipping costs, are displayed automatically.
5.3 Third step: selection of the payment method by the customer.
The customer can pay for purchases by PayPal, bank transfer, check(domiciled in France) and credit card: cards of the “CB” bank card network, Visa, Eurocard, Mastercard, and American Express are accepted. Cards issued by banks domiciled outside France must mandatorily be international bank cards.
In this context, the customer agrees to proceed with payment using a credit card which he rightfully owns, and which mentions his identity (first and last name). For online payment on the Site: the customer accesses a secure server operating in SSL (128-bit) mode, certified by a Certification Authority. The customer must provide his credit card number and/or bank details by completing the online payment form.
After entering his credit card number, the customer then clicks on the “ make payment” button to complete the payment, debiting his bank account.
5.4 Fourth step: within a maximum of seven (7) days, the customer receives an acknowledgment of the order by e-mail from INKARTNATION, mentioning the order number, the items, quantity, unit price and total, the method of payment and the address indicated by the customer.
In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of e-mail for confirmation by the Company of the order’s contents.
Exceptionally, the e-mail acknowledging the receipt of orders with payments made will be sent by the Company only once its bank account gets credited with the amount owed by the customer.
Article 6 – Proof of the order
In general terms, it is expressly agreed between the Company and the customer that e-mails will be valid between the parties as well as the automatic registration systems used by the Customer Relations Department or on the Site, particularly as regards the nature and the date of the order.
In addition, the Company retains the elements relating to any order and provides them to the customer on a request made by the latter by writing to: email@example.com or INKARTNATION SAS, 34 avenue des Champs-Elysées 75008 Paris – France. It is, however, recommended, for orders placed on the Site, that the customer also keeps a copy (in electronic format and / or a hard copy) of the elements relating to his order (for example, the e-mail sent by the Company in accordance with Article 6.4 above).
Article 7 – Price of the items
The prices displayed on the Site are indicated in euros excluding shipping costs.
For delivery in the European Union: the prices displayed on the site are inclusive of French VAT.
For delivery outside the European Union: the prices shown are excluding French VAT.
The prices invoiced are those in effect on the date of the order.
The amount of the transport costs related to the delivery of the items will be automatically displayed on the Site when the customer confirms the shipping method (see Article 6.2 above) and will be communicated again to the customer during the confirmation of his order by e-mail. In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive, upon delivery, for each of the items, the written confirmation of the price paid, and the delivery costs charged to him.
Shipping costs are not charged for any purchase over 350 euros.
Article 8 – Delivery
8.1 The delivery of items can only take place:
– either at the customer’s usual place of residence;
– or to the delivery address indicated by the customer at the time of placing the order, whereas the said address must correspond to the usual place of residence of a third party beneficiary chosen by the customer; failing that, to the address of the company where he exercises his profession;
– it being understood that the delivery cannot, in any case, be carried out either to hotels or to PO box addresses.
The Company will deliver the items ordered by FedEx or DHL (international priority service/Expedite) for orders over 350 euros, or Colissimo for orders under 350 euros.
In this respect, the customer undertakes to have communicated the exact address of his usual place of residence at the time of confirming his order. The delivery of items will take place at the delivery address indicated by the customer, after the payment of the order amount has been recorded.
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, the delivery of the ordered items will take place:
– at the latest within 30 days from the date of the order;
– or, within the timeframe notified beforehand to the customer in case of temporary unavailability of the item, which is accepted by the customer at the time of adding the item to his “Cart” and before his order is accepted.
8.2 Countries where deliveries cannot be made:
The Company does not deliver to the following destinations: Burma, Republic of Central Africa, Comoros, North Korea, Cuba, Equatorial Guinea, Guinea-Bissau, Iran, Johnston Atoll, Kiribati, Falkland Islands, Mayotte, Nauru, Niue, Saint Pierre and Miquelon, Saint Helena, Solomon Islands, São Tomé and Príncipe, Sierra Leone, Somalia, Sudan, Syria, Tajikistan, Tokelau Islands, Turkmenistan, Wake Island and India.
8.3 Taxes and customs duty
Purchases shipped outside the European Union may be subject to taxes and other customs fees on arrival at the destination. These costs are not included in our price and remain the responsibility of the customer.
For delivery in the European Union: the prices displayed on the site are inclusive of French VAT.
For delivery outside the European Union: the prices shown are excluding French VAT.
8.4 Receipt of the order
Upon receipt of the order, the customer must:
– open the package and check the condition of the package(s) in the presence of the delivery executive.
– in case of damaged or missing items, issue handwritten notes on the waybill along with the date and signature, in the presence of the delivery executive.
The phrases «subject to», «intact packaging», «found on unpacking» may not be included as reservations.
It is up to the customer to confirm his reservations by sending an e-mail firstname.lastname@example.org within five days of receiving the order.
The reception of the objects transported extinguishes any action against the carrier for damage or partial loss if within three days, public holidays not included, which follow that of this reception, the recipient has not notified the carrier, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the Commercial Code).
Article 9 – Retention of title
The Company retains ownership of the delivered items until the full payment of the principal and interest. The payment will be completed upon bank clearance of the price. In case of non-payment in full or in part, the company may without prior notice claim the item(s) that may have been delivered by the Company to the customer.
Article 10 – Right of withdrawal and return of items
In accordance with the provisions of Article L.221-18 et seq. of the Consumer Code, the customer has a right of withdrawal which he can exercise without needing to justify the reasons, within fourteen (14) days from the receipt of the items.
If this period expires on Saturday, Sunday, a non-working day, or a holiday, it is extended until the next business day.
In this context, the customer has the option to return the items delivered within this period, in the original packaging, in perfect condition, complete and intact (with accessories, manual, warranty, etc.) along with a copy of the invoice.
It is up to the customer to keep any proof of this return, assuming that the items are returned by registered mail or by any other means providing a certain date. The expenses for return remain in any event at the expense of the customer. Refund of the billed amount for the returned items will be carried out by the Company by crediting the bank account of the customer, within ten days following the receipt of the returned items.
Items returned incomplete, damaged, degraded, deteriorated, or soiled by the customer will not be refunded.
Article 11 – Intellectual property – rights in the work
The artist, in recognition of his creative initiative, remains the bearer of the copyright on his creation, within the meaning of French law. The rights of representation and reproduction of works presented on the www.inkartnation.com website belong to their author’s and to the Company. Their joint authorization is mandatory for any exploitation of these rights. The rights to the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction.
Article 12 – Compliance – Warranty
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform to the order, the customer must inform the Company as soon as possible by sending an e-mail to email@example.com by justifying the nonconformity of the item to the order and, after obtaining the approval of the Company, must return the items in their original packaging, in perfect condition, complete and intact (accessories, instructions, guarantee, etc.) along with a copy of the invoice.
Items must be returned by registered mail, or by any other means providing a certain date, the costs for return being at the expense of the Company – if the nonconformity of the item found by the customer is proven. In the absence of possible exchange of the returned item and if the customer does not wish to have credit with the Company, the billed price of non-compliant items returned will be refunded by the Company by crediting the customer’s bank account no later than thirty days following the receipt of the returned items. The costs of return and forwarding of non-compliant items will be refunded by crediting the customer’s bank account after the customer sends proof of the said costs.
Notwithstanding the specific warranty conditions that may be provided to the customer for the delivered item, the products of the Company are subject to the legal warranties of articles L. 211-4, L. 211-5, L. 211-12, L. 211- 13 of the Consumer Code and Article 1641 and 1648, paragraph 1 of the Civil Code.
Article 13 – Force majeure
Fulfilment by the Company of all or part of its obligations will be suspended in the event of exceptional circumstances or force majeure that would hinder or delay its fulfilment.
Article 14 – No waiver
If the Company refrains from demanding the performance of any of the provisions of these terms and conditions of sale at any time, this fact may not be interpreted as a waiver of subsequent availing of said total or partial non-performance.
Article 15 – Validity of the terms and conditions of sale
If any provision of these terms and conditions of sale is declared void in whole or in part, the other provisions and other rights and obligations arising from these terms and conditions will remain unchanged and remain applicable.
Article 16 – Disputes – Governing Law – Jurisdiction
These terms and conditions of sale are subject to French law. In case of problems encountered during the ordering or delivery of the items of the Company, the customer will have the option, before approaching a court, to seek an amicable solution, in particular with the help of a consumer organisation or any other advisory service of his choice.
If no amicable solution is found, the French courts have jurisdiction to hear the dispute, unless otherwise provided by Regulation No. 44/2001 of December 20, 2000 on the jurisdiction, recognition and enforcement of decisions in civil and commercial matters (European Commission – Brussels I).