|Terms and Conditions|
GENERAL TERMS AND CONDITIONS OF SALE AND USE
Kervex delivers art reproductions from France. We want our customers satisfied. If for any reason, you have any problem, let us know.
These general terms and conditions of sale govern the contractual relationship between Kervex (hereinafter referred to as "the seller") and any consumer (hereinafter referred to as "the customer") in the context of sales made via the company's website.
In the event that any one or more of the provisions of these general conditions of sale are, for whatever reason, deemed null and void, this nullity or ineffective nature will not affect any other provision. The seller will replace this provision by a valid and enforceable provision, in accordance with legal and regulatory provisions.
Kervex reserves the right to adapt or modify at any time these terms and conditions of sale. The modified general terms and conditions of sale will not be applicable to the contracts in progress. Only the general terms and conditions of sale in force on the day of the validation of the order are applicable.
The fact of placing an order implies the full and complete adhesion of the customer to these general conditions. Any clauses and conditions that may appear on the orders or printouts of the customer, failing express acceptance by the seller, are ineligible against the seller.
The seller reserves the right to set specific general conditions for the sale of certain products. In the event of any discrepancy between these terms and the general terms and conditions of sale, the latter shall prevail. The general terms and conditions of sale are available and can be consulted on the website of Kervex.
Any contrary conditions posed by the customer, in the absence of express acceptance by the seller, are unenforceable against the seller regardless of when they may have been brought to the knowledge of the latter. The fact that the seller does not avail himself at a given moment of one of the present general terms and conditions of sale shall not be construed as a waiver of any of the present conditions. The seller cannot be bound by another document, in particular flyers, booklets or catalogs, which he has issued and which have only indicative value.
Any special conditions may be the subject of an agreement negotiated between the parties.
Orders are processed in their order of receipt by the seller.
All products and offers visible on the website are within the limits of available stocks.
The list and characteristics of the products offered on the website are likely to be modified and adapted at any time to better meet the expectations of customers. Any order implies acceptance of the prices and the description of the products available for sale.
All photographs, illustrations and texts on the website are not contractual.
The seller reserves the right to suspend any order from a customer who has not totally or partially paid a previous order or with whom a payment dispute is pending, or for any other legitimate reason (including abnormal order, incomplete, or unavailability of products).
The customer declares an e-mail address and a password at the time of his first order which will be used for all subsequent orders. The customer is prohibited from communicating them to all third parties, except to be engaged by the use that they could make of them. He must immediately report to the seller and in writing any disclosure, loss of his address and / or his identifier in order to release his responsibility.
The information that we collect to process your order is kept private. We never sell, rent, or share your name, address, telephone number, e-mail address, or credit card information with anyone. We will use your e-mail address to send you our newsletter, upcoming products, unless you decide to unsubscribe. You can contact us at any time to help you change, update or delete any information related to your account information at firstname.lastname@example.org .
Moreover, Kervex website is cookie free.
Any order registered and confirmed by the customer is an irrevocable acceptance that can be questioned only within the limits provided in these terms and conditions.
This validation is worth signature and express acceptation of all the operations carried out on the site. However, in the event of fraudulent use of his credit card, the customer is invited, as soon as the use is found, to contact the customer service by e-mail to email@example.com .
The seller's computerized records will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, unless there is a manifest error on the part of the seller, the data stored in the seller's information system has probative force with respect to orders placed by the customer. Data in computer or electronic form constitutes valid evidence and as such is admissible under the same conditions and with the same probative value as any document that may be drawn up, received or kept in writing.
The filing of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with Article 1348 of the French Civil Code.
All prices displayed on the website Kervex (and appearing on orders and invoices) are calculated under the DAP Incoterm (Delivered At Place) - Duty Unpaid.
All prices charged to the customer by the seller are those in effect on the day the goods are ordered, minus any applicable price reductions. The seller reserves the right to change prices at any time, without incurring liability.
Price reductions granted to customers may only be shown on the invoice and deducted from the sales price if these deductions are acquired on the date of sale, the conditions related to their obtaining are realized and are directly related to the sale transaction. Under no circumstances will invoice reductions be granted retroactively.
For any exchange or refund, the customer must present a copy of the invoice.
We accept PayPal transactions.
Goods are only delivered once full payment has been confirmed.
It is up to the customer to provide exactly to the seller all the details necessary for the proper routing of the order. If the delivery address is insufficient or incorrect, the costs of returning the goods are the sole responsibility of the customer.
The cost of shipping for retail orders is variable based on the weight and distance.
Free shipping on orders above EUR 60.00 or USD 66.00.
We reserve the right to request additional shipping fees to our customer in case of retail purchases that should have been classified wholesale, due to large items quantity, heavy weight or large volume. Our customer service will contact you if we run into such rare situation.
This clause regulates the recovery of goods by the seller in case of non-compliance with the order, apparent defect, quality problem, product not ordered. The recovery of the goods is distinguished from the right of withdrawal set out below.
No return of goods can be made without the prior written agreement of the seller. No return of goods can be accepted within seven (7) days from the date of receipt by the customer. Any retakes granted by the seller will result in the reimbursement of all amounts paid by the customer, after qualitative and quantitative verification of returned products.
This possibility of return is excluded from special orders made at the request of the customer and goods whose packaging or food packaging has been opened or damaged.
For any exchange, the customer must return the goods in perfect condition and submit a copy of the invoice. Returns that do not comply with the above procedure may not give rise to any refund (unless written agreement between the customer and the seller).
Any product returned without the agreement of the seller will be made available to the customer and will not give rise to refund.
Different cases of returns:
- When the package is returned (by decision of the customer) without having been opened, the seller refunds the customer the price of the package excluding shipping costs; Return and customs fees are the responsibility of the customer.
- When a product (undamaged and still in its original packaging) of the package is returned (by decision of the customer), the seller refunds the customer the price of the product excluding shipping costs; Return and customs fees are the responsibility of the customer.
- When the product is returned in case of apparent defect or noncompliance with the order, the seller refunds the customer the product, any shipping and return costs.
In all cases, to make a return, please send us an email to firstname.lastname@example.org . In your email, please indicate the reason for the return (shipping damage, incorrect item shipped, change of mind, product dissatisfaction, etc.). We will answer you quickly and explain how to proceed. Please, in case of breakage or damaged product, send us, upon receipt, photos so we can understand what is wrong.
Returned products always travel at the customer's risk. Any damaged, incomplete or missing product will not be refunded or exchanged, and will be returned, if necessary, to the customer at his expense.
Cancellation - Withdrawal policy
In accordance with the European directive 2011/83 on the rights of consumers, the customer has a period of 14 days from the date of receipt of the goods to exercise his right of withdrawal.
The customer, having exercised his right of withdrawal, will be entitled to the exchange of the goods or the refund of the sums paid by him for the acquisition of the goods. The return costs will be borne in full by the customer, in accordance with the tariff schedule of Chronopost Company.
In case of exercise of the right of withdrawal, the seller is obliged to refund to the customer the sums paid by the latter, without penalty, within a maximum period of fourteen (14) days following the date of dispatch of the product by the customer.
Are excluded from this device:
- Goods made according to customer specifications or clearly personalized
- Goods which, by their nature, cannot be re-dispatched or are likely to deteriorate or expire rapidly
- For reasons of hygiene, goods whose packaging or food packaging has been opened or damaged.
Returned products travel at the expense and risk of the customer. Any damaged, incomplete or missing product will not be refunded or exchanged.
The seller has for all the stages of order taking as well as for the stages subsequent to the conclusion of the contract (transport of the products, for example) an obligation of means.
The seller undertakes to describe with the greatest accuracy the products sold on his website. The responsibility of the seller cannot be engaged in the case where the non-performance of his obligations would be attributable either to the fact of the customer, to the unpredictable and insurmountable fact of a third party to the contract, or to a case of absolute necessity. The seller is not liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
Force majeure - Other
In case of force majeure, the seller reserves the right to cancel or postpone the delivery of orders, without the customer being able to claim damages.
In particular, the following events will be considered as cases of force majeure:
- war, fire, flood, drought, machinery breakdown, interruption of transport services; total or partial strikes of any kind, or any other causes impeding or stopping the delivery of our goods by our suppliers, subcontractors or carriers, of the supply of energy, raw materials or spare parts,
- regulation or requirement of public authority, or any other unavoidable, unforeseeable event beyond the control of the seller.
The provisions of this article shall not, however, in any case waive any obligation to pay to the other any sum due.
The seller will keep the customer informed of the occurrence of the cases and events listed above.
The present general conditions of sale apply during all the time of their putting on line.
All elements of the Seller's website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
No element of the site may be copied, reproduced, or downloaded by any means, except for personal use, for non-commercial purposes, and without any modification to these elements.
A prior authorization of the seller is necessary to establish any link, including the personal website or blog of the customer, redirecting directly to the home page of the seller's website. This authorization cannot consist of an implicit agreement of affiliation. All links must be removed at the first request of the seller.
The brands, logos, drawings appearing on the website are the exclusive property of the seller. Their copy, reproduction, or download may in no way be interpreted as granting any license or right of use whatsoever.
These general terms and conditions of use and sale are subject to French law. In case of persistent disagreement on the application, interpretation and execution of these, and in the absence of amicable agreement, any dispute will be under the jurisdiction of the competent French courts.
Legal information about the seller
Simplified joint-stock company
CEO: Jean-Jacques L'Hours
Registered office: rue Jean et Francis Perrin 29480 Le Relecq-Kerhuon France
Company registration number: 812 611 812 RCS BREST
VAT identification number: FR 20 812611812
EORI (Economic Operator Registration and Identification) number: FR81261181200015
Email address: email@example.com