HAND ART PUBLISHER
Mr Jérôme KARSENTI
69 av de Brancolar
06100 Nice - France
Siret: 43240975300022
ORDER NUMBER HOUSE OF ARTISTS: K104274
These general conditions of sale apply automatically to any sale of works, products or services offered by Mr. Jérôme KARSENTI.
These general conditions of sale (hereinafter “CGV”) apply to any order placed remotely by a natural person having legal capacity and acting in a personal capacity as a consumer with Mr. Jérôme KARSENTI, either directly on website www.handartpublisher.com.
The service offered by the platform is managed by Mr. Jérôme KARSENTI, 69 av de Brancolar, 06100 Nice – France, Siret: 43240975300022, ORDER NUMBER MAISON DES ARTISTES: K104274
These conditions are made available to the buyer, prior to ordering, as referred to in article L.441-1 of the Commercial Code. Any order implies unreserved acceptance of these general conditions of sale which prevail over any other general conditions of purchase that may emanate from the buyer.
These general conditions may be modified at any time by Mr. Jérôme KARSENTI.
The general conditions applicable to the customer are those in force on the day of their order.
Mr. Jérôme KARSENTI undertakes to update his website www.handartpublisher.com its general conditions so that the latest applicable version is constantly consultable by customers.
The works marketed by Mr. Jérôme KARSENTI are those appearing on the website www.handartpublisher.com on the day the order is placed, as well as any custom-made works at the customer's request.
Unless the client expressly wishes to do so, Mr. Jérôme KARSENTI reserves the right to make to the works, between the time of their order and that of their delivery to the client, any modifications imposed technically or legally, without modification of price or quality for the customer.
It is expressly recognized that Mr. Jérôme KARSENTI has previously informed the client of the measures and precautions to be taken to make appropriate use of the works.
Sales are made under the price conditions in effect on the day the order is signed. Prices are subject to regular updates based on variations in the price of works on the art market.
They are therefore subject to modification without notice but will always be available upon simple request from the customer.
The prices announced by Mr. Jérôme KARSENTI are ALL TAXES INCLUDED, with a VAT rate in force at 20%.
Delivery costs are not included in the prices displayed on our site. Other additional costs that may potentially be borne by the consumer are indicated before the conclusion of the contract. If other additional costs not invoiced by the site may possibly be your responsibility, the corresponding information will be provided before the conclusion of the contract.
Payment is due in full upon ordering.
The amounts collected cannot be considered as a deposit.
An order will be considered closed when all of the works have been shipped and the customer has paid in full the payment for the works and their contribution to the shipping costs.
In the event of incomplete payment, Mr. Jérôme KARSENTI will have the right to refuse to make a delivery or to honor an order.
In the event of delay in payment on the eligibility date appearing on the invoice, the amount will be automatically increased by a fixed compensation of €40 provided for in article L 441-6 paragraph 12 of the commercial code, and the amount of which is set by decree no. 2012-1115 of October 2, 2012 (article D441-5 of the code of civil enforcement procedures). The legal interest rate will be applied in addition.
In the event of a regulatory modification of the amount of this fixed compensation, the new amount will, automatically, replace that appearing in these general conditions of sale or conditions of payment.
The automatic application of this lump sum compensation does not prevent the application of an additional increase in the debt up to the full amount of the sums which will have been exposed, whatever their nature, for the recovery of the debt.
The Buyer who creates an account on the site www.handartpublisher.com must provide complete and up-to-date contact details, as well as a valid email address. He will assume the consequences of any error or omission in the insertion of his contact details. He is aware that the accuracy of these determines in particular the possibilities of efficient delivery of works acquired from Mr. Jérôme KARSENTI.
The Buyer will create a single account and undertakes not to create aliases or derivative accounts, with his or her identity or that of third parties. Any violation of this commitment may result in the suspension or deletion of the account concerned. He will not communicate his connection credentials to a third party and will be held responsible for any connection or order made by a third party with whom he has left his credentials, voluntarily or through negligence.
Mr. Jérôme KARSENTI reserves, as part of the fight against fraud and in order to guarantee the security of transactions carried out through his platform, to verify the identity and legal capacity (in particular civil majority) of the Buyer when registering or placing an order.
After confirming the content of his order and accepting these general conditions of sale, and the obligation to pay for the order, the Buyer will definitively validate his order by effective payment. The order will only be valid and taken into account upon full payment of the price of the work and delivery costs.
Buyers can make their payment by credit card. Payment for orders placed via www.handartpublisher.com is done via the Stripe or PayPal platform.
Any order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered may be refused.
Mr. Jérôme KARSENTI will systematically confirm that the order has been taken into account with each Buyer by email.
Upon receipt of payment, the sales contract between Mr. Jérôme KARSENTI and the Buyer is definitively concluded, subject to the application of the right of withdrawal mentioned below.
The Buyer is aware that the works sold through the platform www.handartpublisher.com are subject to intellectual property rights. In accordance with article L111-3 of the Intellectual Property Code, ownership of the medium of a work does not confer any intellectual property rights. From then on, the Buyer is informed and aware that he is not authorized to reproduce the work, modify it, market it in turn or exploit it in any form whatsoever.
Any violation of these rules would constitute an infringement subject to prosecution by Mr. Jérôme KARSENTI.
The Buyer is informed that the works must be displayed and handled with care. Attention is drawn to the following precautions:
The works are presented and described by Mr. Jérôme KARSENTI on the site www.handartpublisher.com Mr. Jérôme KARSENTI remains solely responsible for the completeness of the description provided and the conformity of the work to the said description.
Mr. Jérôme KARSENTI remains solely responsible and authorized to number the prints, when the works are sold in limited editions.
The site www.handartpublisher.com allows the tracking of orders placed by the Buyer. The prints are made by Mr. Jérôme KARSENTI or by a trusted service provider who informs Mr. Jérôme KARSENTI of the shipment of the order to the address indicated by the Buyer.
The times announced for manufacturing and delivery are indicated in working days. They may vary slightly depending on circumstances beyond MKJ's control (disruptions or strikes in transport or among logistics providers, technical difficulties).
The Buyer chooses from the delivery methods offered to him for each work.
The Buyer who wishes to inform Mr. Jérôme KARSENTI of a difficulty in receiving the work, or of the absence of receipt, will send an email to the address [email protected]
The Buyer will make the usual reservations to the carrier if the package arrives damaged or opened. He will open the package in the presence of the delivery person or carrier, and will inform Mr. Jérôme KARSENTI within 48 hours of the difficulties noted, sending if possible photographs of the package as it was presented to him or of the work as that it comes in the packaging.
The difficulty will then be taken care of by Mr. Jérôme KARSENTI who will indicate to the Buyer, after having contacted the delivery person, how to proceed to return the work.
The return costs will be covered by Mr. Jérôme KARSENTI who undertakes to do what is necessary to ensure that the initial order is honored as quickly as possible.
The return of an order can only be accepted if the Buyer complies with the procedure described. The Buyer will ensure that the work is packaged in the original packaging, and that the necessary care is taken during shipping. The work will be returned to the address indicated by Mr. Jérôme KARSENTI.
In the event that the work delivered does not correspond to the order (error on the photo, on the format or on the support), the Buyer will inform Mr. Jérôme KARSENTI within the same period (48 hours) by transmitting proof of the difficulty. Mr. Jérôme KARSENTI will indicate the return terms unless the parties agree on compensation.
Mr. Jérôme KARSENTI's customer service is accessible from Monday to Friday from 8:15 a.m. to noon and from 1:30 p.m. to 5 p.m. at the following telephone number: +33 6 89 09 07 76, by email at the following address [email protected]. In the latter case, Mr. Jérôme KARSENTI will endeavor to provide a response as quickly as possible, and in any case within seven working days maximum.
In accordance with the law of May 12, 1980 (n°80335 art.1), Mr. Jérôme KARSENTI retains ownership of the delivered goods until full payment of the entire price and accessories. The risks relating to the custody of the goods are transferred to the buyer from the day they are made available. In the event of partial or total non-payment, Mr. Jérôme KARSENTI may request either the return of the work at the buyer's expense, or the immediate payment of all sums due.
In application of law 85-98 of January 25, 1985, all raw materials and documents entrusted by the client, as well as the work carried out by Mr. Jérôme KARSENTI constitute a pledge assigned to payment. These elements may be subject to retention by Mr. Jérôme KARSENTI in the event of non-compliance with an obligation by the client, for the duration of this breach.
Mr. Jérôme KARSENTI takes the greatest care in the production and delivery of his works.
However, in the event of late delivery, poor workmanship or defects duly recognized by Mr. Jérôme KARSENTI according to the criteria defined above, and with the exception of compensation for bodily injury, the obligation of Mr. Jérôme KARSENTI will be flatly limited to repair of direct damage only and replacement of defective quantities, including under the legal guarantee for hidden defects.
In any event, Mr. Jérôme KARSENTI will not be required to compensate indirect and immaterial damage (such as in particular losses of production, operation and profit, commercial damage and other costs) and his liability cannot exceed, whatever whatever the legal basis invoked, per event the amount excluding tax of the disputed order.
The complaint made by the customer of Mr. Jérôme KARSENTI does not suspend the obligation to pay for the goods concerned.
Under the terms of this document, direct damage is defined as that which is directly induced by the damaging event, i.e. falling without possible dispute into the causal link.
Indirect damage is that resulting from the aggravation of initial damage or the appearance of new damage linked to direct damage.
Mr. Jérôme KARSENTI is required to deliver goods in conformity with the contract and is liable for any defects in conformity of the goods existing upon delivery as well as the guarantee against hidden defects under the conditions provided for respectively by articles L.211-4 et seq. of the Code of consumption and 1641 et seq. of the Civil Code.
In accordance with article L.211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is responsible for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.211-5 of the same Code specifies that:
“To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Under these conditions, the Customer who acts as a legal guarantee of conformity may choose between repair or replacement of the product, subject to cost conditions.
Action on this basis is prescribed two years from delivery of the property, in accordance with article L.211-12 of the same code.
Under article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known about them.”
This action must be initiated by the Customer within two (2) years from the discovery of the defect, in accordance with article 1648 of the Civil Code.
The work will only be reimbursed by Mr. Jérôme KARSENTI in the event that repair and/or replacement of the product(s) is impossible. In this case, the Customer can either (i) return the work(s) and have the price refunded or (ii) keep the work(s) and be reimbursed part of the sale price.
In the event of a request for repair of a work whose warranty has expired, Mr. Jérôme KARSENTI will offer a quote to the Client.
As part of orders placed remotely by a Customer benefiting from the Consumer Code, and in accordance with article L.221-18 of the Consumer Code which provides that for service provision contracts including the delivery of goods, the Customer has a period of fourteen (14) days from the day of receipt of the work to exercise his right of withdrawal. If the contract relates only to the provision of services, this period runs from the day the contract is concluded.
The right of withdrawal cannot be exercised with regard to Services fully performed before the end of the withdrawal period (assembly and installation services of the works) and the execution of which has begun after express prior agreement of the Client and express waiver of his right of withdrawal by completing and returning the waiver of the right of withdrawal form attached for this purpose.
The Customer may exercise his right of withdrawal by sending Mr. Jérôme KARSENTI by registered letter with acknowledgment of receipt a withdrawal form annexed to these general conditions, or by any declaration expressing his desire to withdraw.
In the event of exercising his right of withdrawal, the customer may request either the reimbursement of the sums collected, or an exchange of an amount equivalent to the sums paid or, where applicable, with a bank supplement, in accordance with the provisions legal regulations in force. This right of withdrawal is exercised without penalty.
Return costs remain the responsibility of the customer, who must ensure that the order for which he is withdrawing is returned complete, adequately packaged, and in perfect condition.
Mr. Jérôme KARSENTI will then reimburse the Client for all of the sums paid by him no later than fourteen (14) days from the date on which he is informed of the Client's decision to withdraw.
However, given the specific nature of certain works, this period may be extended to 30 days, in particular when the work requires in-depth verification by the after-sales service of Mr. Jérôme KARSENTI.
Reimbursement may be deferred until recovery of the works by Mr. Jérôme KARSENTI, or until the Client has provided proof of shipment of the material.
The refund will be made by re-credit (secure transaction) in the case of payment by credit card, by a new voucher in the case of payment by voucher, or by check in other cases.
In the event of a dispute, please note that Mr. Jérôme KARSENTI's clients can contact the mediator of the Fédération du Commerce et de la Distribution, according to the procedures set out in this link: https://mediateur.fcd.fr/
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the consumer is informed that he can also use the online dispute resolution platform provided in place by the European Commission, accessible at the following Internet address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Mr. Jérôme KARSENTI will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1316-1 of the Civil Code.
The computerized records of Mr. Jérôme KARSENTI will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
If one of the clauses of these general conditions were to be declared null by a court decision, this nullity cannot entail the nullity of all the other clauses, which would continue to have their effect.
The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver of availing themselves of the rest of the general conditions.
Unless otherwise agreed by the Parties expressed in writing and in an unequivocal manner, the contractual documents emanating from Mr. Jérôme KARSENTI are transmitted to the client by email and/or in any other appropriate form. All transmissions made to the email address indicated by the customer are considered received by the Buyer on the same day they are sent.
Mr. Jérôme KARSENTI cannot be held responsible for the harmful consequences resulting from a non-performance or a delay in the performance of their obligations due in particular to one of the cases of force majeure as defined by law or commonly accepted. by case law, to a fire or bad weather, a pandemic, a strike or a blockage on a national scale leading to a shortage of raw materials or transport, to insurrections, riots or wars, to an internal strike of any kind the cause, or a significant contractual imbalance to the detriment of one of the Parties, following an unforeseen change in circumstances external to the Parties (in particular in the event of a significant variation in the price of raw materials, difficulties in supplying raw materials or application of any new legal or regulatory prescription or restriction significantly affecting manufacturing processes).
In the event of the occurrence of one of these events, Mr. Jérôme KARSENTI will immediately inform his co-contractor in order to negotiate the conditions for the continuation of the contractual relationship.
If the duration of the impossibility of performance is greater than thirty (30) days, Mr. Jérôme KARSENTI undertakes to contact the client within 8 days in order to negotiate in good faith an adaptation of the Contract. The Parties will each make their best efforts to reduce the effects of the force majeure event. If no reasonable agreement can be reached, each Party may unilaterally terminate the Contract.
Generally speaking, if the customer does not respect or expresses its desire not to perform one of its obligations (in particular but not limited to, payment of invoices on time, obligation of confidentiality or related to intellectual property, good faith, etc.), Mr. Jérôme KARSENTI is entitled to demand from the customer the removal and payment of the quantities manufactured and to automatically terminate the Contract, to the exclusive fault of the customer, considering it resolved after formal notice by RAR letter which remained without effect for eight (8) days. Such a resolution may in no way limit the right of Mr. Jérôme KARSENTI, who suffers the contractual breach, to keep any deposit received and to claim damages from the customer responsible for the breach in order to compensate for his loss.
The platform www.handartpublisher.com is accessible at all times. However, Mr. Jérôme KARSENTI cannot be held responsible in the event of a failure caused by a third party (access provider in particular), or in the event of force majeure. Mr. Jérôme KARSENTI then undertakes to do everything possible to restore access to the data as quickly as possible.
The free creation of an account does not imply reimbursement by Mr. Jérôme KARSENTI of your subscription to an Internet access provider for the data transmitted during your connections to the site.
The information communicated by Buyers as part of their registration or order is intended for Mr. Jérôme KARSENTI and is used for the processing and monitoring of orders, marketing management and delivery as well as to meet the legal and regulatory obligations incumbent on to Mr. Jérôme KARSENTI.
The information communicated by Buyers as part of their order may be communicated to service providers of Mr. Jérôme KARSENTI for the purposes of marketing management and delivery. Mr. Jérôme KARSENTI assures in this regard that he has taken the necessary measures to legally regulate this transfer of data, in particular by completing the appropriate formalities with the Commission Nationale Informatique et Libertés.
In the absence of accurate information, the Buyer will assume full responsibility for poor shipping or even loss of the work, and will not be eligible to make a claim.
At any time, the Buyer has the option of modifying the information transmitted via the “My Account” section, which he or she can access freely.
The data collected by Mr. Jérôme KARSENTI is subject to processing and a declaration in accordance with law 78-17 of January 6, 1978 known as the “Informatics and Liberties Law” and has been the subject of a declaration to the CNIL (Declaration no. XXXXX).
Buyers have, in accordance with the law, a right to access, rectify or delete data concerning them. For any request for deletion or modification, the Buyer is invited to contact Mr. Jérôme KARSENTI at the following address: [email protected].
Unless the Buyers expressly object, the Buyers may receive promotional offers from Mr. Jérôme KARSENTI and/or his Partners (i) by telephone call or postal mail or (ii) by email and SMS if the Buyers check the box in this sense or if they have placed an order for works, products or services from Mr. Jérôme KARSENTI.
The personal information collected when creating a registration account may cause the platform to add Cookies to the computer allowing faster connection and smooth navigation on our platform.
However, the Buyer has the option of deactivating cookies, either using their browser settings or using third-party cookie management platforms.
These regulations are subject to change over time. The General Conditions of Sale of Mr. Jérôme KARSENTI applicable are those in force on the day the order is placed by the Buyer. The placing of any order is subject to full and unreserved acceptance of these General Conditions of Sale.
These regulations are subject to French law.
Any dispute between Mr. Jérôme KARSENTI and the Buyers will be under the jurisdiction of the French courts.
Appendix 1: Withdrawal form:
Please complete and return this form only if you wish to withdraw from your order:
To the attention of:
HAND ART PUBLISHER
Mr Jérôme KARSENTI
69 av de Brancolar
06100 Nice - France
Or by email: [email protected]
I/we (*) hereby notify (*) my/our (*) withdrawal from the contract relating to the sale of the good(s) (*) below:
Ordered on (*)/received on (*):
Associated with the following order number:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
(Only if the form is notified on paper)
Date :
(*) Delete what is unnecessary.
