PREAMBLE
The www.keris-artshop.com website is published by
the Ker IS company, whose head office is situated at La Rompardais, 22130 Pléven,
FRANCE and is registered at the Chamber of Trade of Dinan, France, under reference
438441321.
These general conditions of sale define the rights and obligations
of both parties in respect of transactions carried out via the www.keris-artshop.com
website. They regulate each stage of the placing and follow-up of all orders
made by customers.
Articles may be shipped both within France and worldwide.
These conditions refer only to natural persons of at least eighteen years old
having legal capacity to enter into a contract, and who are not traders.
Please
note that these general conditions of sale may be printed or saved.
Ker
IS reserves the right to modify at any time these general conditions of sale.
In case of modification, the general conditions of sale in force at the date
on which the orders are placed will be applied.
The last date of modification
of these general conditions of sale is indicated below.
ORDERS
Orders
may only be recorded on the www.keris-artshop.com website after identification
by a valid e-mail address and password. Passwords must be created by customers
after completing their first order form.
Orders may be made on-line in
accordance with the product references indicated on the website.
As a
rule, information regarding product availability is given when the order is
placed. In exceptional cases, certain products may be temporarily unavailable
after validation of the order. In this event, www.keris-artshop.com will inform
customers as soon as possible (at the latest within one working week) by regular
mail or by e-mail of their right either to cancel their order, or to accept
late delivery, the likely delay being specified.
Orders become firm and
binding after validation of payment.
After validation of orders, customers
are sent confirmation of registration of the order by e-mail, together with
details of the articles ordered and the delivery address.
All prices
are inclusive of tax and expressed in euros. Ker IS reserves the right to modify
prices in case of cost increases, notably of the rate of VAT, and in obvious
cases of error of pricing. Products will be invoiced on the basis of prices
given at the placing of the order.
All orders are subject to postage
and packing charges which shall be borne by the purchaser. The total amount
due is specified on the order form before final validation.
PAYMENT
Orders
may be settled as follows :
- by bank card via the secure payment system
SSL PAYPAL Ker IS accepts French bank cards bearing the CB sign and international
cards bearing the VISA or MASTERCARD sign.
- by cheque (drawn only
on French banks or the French Postal Bank), made out to Ker IS, and accompanied
by the reference number of the order, sent to the following address : Ker
IS - Service Facturation, 12 route de Montussan, 33370 Yvrac, FRANCE.
-
by bank transfer to the BNP Paribas bank under the following references : Bank
n° : 30004 Branch n° : 1284 Account n° : 00010076534 Key : 60 IBAN
code: FR76 3000 4012 8400 0100 7653 460
- by money order made out to
Ker IS.
All payments made by mail must be sent to : Ker IS - Service
Facturation, 12 route de Montussan, 33370 Yvrac, FRANCE. Orders will be dispatched
only after payment has been made in full.
SECURITY
All
data concerning payments are transmitted encrypted under the SSL protocol between
the purchaser’s computer and the secure PAYPAL payment system. The PAYPAL Company
has sole access to the decoding key enabling the data to be read and orders
to be processed.
Transactions are in secure mode when a padlock appears
at the bottom right corner of the computer screen, and when the site address
figuring in the address bar of the navigator begins with https://.
In
case of unauthorized use of their account, purchasers should contact PAYPAL. The
PAYPAL Company will takes steps to deal with this matter and will indicate the
procedures to follow. Except in cases of fault or negligence on their part,
purchasers shall not be responsible for the consequences of unauthorized use.
The
www.keris-artshop.com website has strictly no access to this information and
consequently, the Ker IS company shall not be held responsible for any problems
arising from the use of the PAYPAL security system.
DELIVERY
Ker
IS uses the French Post Office “Colissimo” delivery service (registered delivery).
Postal charges are calculated on the basis of the going rate at the date of
the placing of the order, according to the weight of the parcel and the delivery
address.
Estimated delivery times are as follows :
For Metropolitan
France, Monaco and Andorra : “Colissimo” registered delivery within 48h
or 2 working days*
For French overseas territories: “Colissimo”
registered delivery within 5 to 7 working days*
For the European Union,
Switzerland and Norway: “Colissimo” registered delivery within 7 working
days*
For Eastern Europe (except the European Union) and the Maghreb
countries : “Colissimo” registered delivery within 7 working days*
For
the United States, Canada, Africa (other than the Maghreb countries) and the
Middle-East: “Colissimo” registered delivery within 7 working days*
*
Estimated average time.
RIGHT OF RETRACTION / RETURNS
Any
article which does not give entire satisfaction shall be exchanged or refunded
by Ker IS within 15 days after home delivery or withdrawal of the parcel. This
guarantee does not extend to personalized or specially ordered articles.
Returned
articles that are unpacked, incomplete, damaged, or soiled by customers will
not be accepted. Articles may be returned by post at customers’ expense to the
following address :
Ker IS SAV, 12 route de Montussan, 33370 Yvrac,
FRANCE.
In the case of abnormal or unwarranted return of goods, Ker
IS reserves the right to refuse further orders.
WARRANTY
LEGAL
GUARANTEES
In addition to its commercial guarantee, and in accordance
with current legislation, Ker IS is committed to respecting its obligations
regarding the warranty on articles sold on its site, as indicated in the following
extracts from the Consumer and Civil Codes.
The seller shall provide
goods which are in conformity with the contract and is responsible for any defects
arising from packaging.
Consumer
Code - article L211-4
To be in conformity with the contract,
goods must :
1. be fit for the purpose generally expected of similar
goods and, if necessary : - conform to the description given by the seller.
Customers should note that colours may be slightly different to those
shown on the website pages. - possess the qualities that customers can legitimately
expect, given the public statements made by the seller.
or
2.
possess the characteristics defined by mutual agreement between the parties,
or be fit for any special use intended by the purchaser, brought to the
attention of the seller and accepted by him.
Consumer
Code - article L211-5
All claims relating to the non-conformity
of articles must be made within two years of the delivery date of the goods.
Consumer Code – article L211-12
The
seller is responsible for all latent defects of the purchased articles which
render them unsuitable for their intended use, or which debase their use to
such an extent that the purchaser would not have acquired them, or would have
offered a lower price for them, had the purchaser been aware of such defects.
Civil
code article 1641
All claims arising from latent defects must
be made by the purchaser within two years of the discovery of such defects.
PERSONAL
INFORMATION AND PROTECTION OF PERSONAL DATA
Ker IS is committed
to the protection of the privacy of persons using its website and the confidentiality
of all information provided. All information and data requested by Ker IS are
necessary for the registration and follow-up of customers’ orders, for the commercial
management and marketing of their files and to improve the quality of
customer relations.
Information and data are also retained for security
reasons, in accordance with legal requirements and to enable us to improve and
personalise the services on offer and the information sent to customers.
In
accordance with current legislation in respect of data-processing and civil
liberties, customers have of a right of access, correction, and opposition to
the processing of their personal data. To exercise this right, customers should
write us on-line (contact@keris-artshop.com) or by mail to Ker IS, 12 route
de Montussan, 33370 Yvrac, FRANCE, indicating their name, first name, e-mail
address and, if possible, their customer reference.
Data may be processed
in countries outside of the European Union.
Depending on the options
chosen during the setting-up or consultation of your account, customers may
receive offers from our company as indicated when creating the account. Customers
may indicate at any time that they no longer wish to receive information on
such offers.
Our website is also designed to be particularly attentive
to the needs of our customers. For this reason, the website uses cookies. Cookies
give us information about customer visits to our website. The cookies are used
by www.keris-artshop.com are intended solely for the purpose of improving personal
service to our customers.
INTELLECTUAL PROPERTY
The
use of the www.keris-artshop.com website is strictly reserved for personal use.
All trade-marks, texts, comments, works, illustrations and images, whether visual
or sound, figuring on the Ker IS website are protected by the laws governing
copyright, registered trade-marks, patents, and image rights.
They are
the full and entire property of Ker IS or its partners.
Any reproduction
or representation, whether wholly or partially, constitutes an act of infringement
of copyright, which may lead to civil or penal action being taken against the
perpetrators.
The act of attaching a hypertext link to the Ker IS website,
by using the technique known as framing or deep linking, is strictly prohibited.
All
reproduction, whether in part or in full, of the Ker IS catalogue is strictly
prohibited.
RESPONSIBILITY
Ker IS is responsible for
carrying out its obligations arising from contracts entered into via a remote
site, whether these obligations concern Ker IS itself or other operators, without
prejudice to its right of recourse against the latter.
However, the responsibility
of Ker IS may be wholly or partially lifted where proof can be brought that
non-execution or faulty execution of the contract is attributable either to
the consumer, or to an unforeseeable and insurmountable act of a third party
to the contract, or to a case of force majeure.
APPLICABLE LAW
In
case of dispute, an amicable arrangement shall be sought before any recourse
to justice.
All relations arising from connection to and/or the use
of this website are subject to French law.
In case of dispute, the competent
court shall be that whose jurisdiction covers the domicile of the defendant
or, if the defendant so chooses, the court whose jurisdiction covers the place
of effective delivery of the product.
Last updating of these
general conditions of sale : October 2007
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