Preamble
These general terms and conditions of sale apply to all sales made on the ART OF KELV website.

The website https://art-of-kelv.com is a service of:
- The sole proprietorship Dimitri LOINTHIER - ART OF KELV
- located at 2 Place de l'Eglise 45800 SAINT JEAN DE BRAYE, FRANCE
- website URL: https://art-of-kelv.com
- email: artofkelv.contact@gmail.com

The ART OF KELV website sells the following products: Books / Goodies / E-Book.
The customer declares having acknowledged and accepted the general terms and conditions of sale prior to placing their order. The validation of the order thus implies acceptance of the general terms and conditions of sale.

Article 1 - Principles
These general terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, especially those applicable to sales in stores or by means of other distribution and marketing channels.
They are accessible on the ART OF KELV website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. These general terms and conditions of sale are valid until further notice.


Article 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the ART OF KELV website.
These conditions only concern purchases made on the ART OF KELV website and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, it is necessary to send a message to the following email address: artofkelv.contact@gmail.com.
These purchases concern the following products: Books / Goodies / E-Book.


Article 3 - Pre-contractual Information
The buyer acknowledges having been informed, prior to placing their order and concluding the contract, in a readable and understandable manner, of these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and understandable manner:

  • the essential characteristics of the good;
  • the price of the good and/or the way the price is calculated;
  • if applicable, all additional transport, delivery, or postage costs and
    any other possible fees;
  • in the absence of immediate execution of the contract, the date or the deadline by which the seller undertakes to
    deliver the good, regardless of its price;
  • information relating to the seller's identity, postal, telephone, and electronic contact details, and to its activities, those relating to legal guarantees, the functionalities of the
    digital content and, if applicable, its interoperability, the existence and the procedures for implementing guarantees and other contractual terms.

 

 

Article 4 - The Order
The buyer has the possibility to place their order online, from the online catalog and using the form therein, for any product, subject to stock availability.
The buyer will be informed of any product or good unavailability.
For the order to be validated, the buyer must accept, by clicking where indicated, these general terms and conditions. They must also choose the address and the delivery method, and finally validate the payment method.

  • The sale will be considered final:
  • after sending the buyer the confirmation of the acceptance of the order by the seller by
    email;
  • and after receipt by the seller of the full price.


Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address, or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can contact by email at the following address: artofkelv.contact@gmail.com.


Article 5 - Electronic Signature
The online provision of the buyer's credit card number and the final validation of the
order will constitute proof of the buyer's agreement:

  • payability of the sums due under the order form;
  • signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller by email: artofkelv.contact@gmail.com.


Article 6 - Order Confirmation
The seller provides the buyer with an order confirmation, by email.


Article 7 - Proof of the Transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.


Article 8 - Product Information
The products governed by these general terms and conditions are those listed on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller's liability cannot be incurred.
The photographs of the products are not contractual.

Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account delivery charges, charged in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be passed on to the selling price of the products.


Article 10 - Payment Method
This is an order with an obligation to pay, which means that placing the order implies a payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's site. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them, at the time of the validation of the order form. The seller reserves the right
to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from officially accredited organizations or in case of non-payment. The seller reserves notably the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following methods:

  • PayPal
  • Payment by credit card (VISA, Mastercard, Amex)

Article 11 - Product Availability - Refund - Resolution
- 11-1 - Generally
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated in the confirmation email of the
order.
For deliveries in Metropolitan France and Corsica, the deadline is 20 days maximum (except pre-order) from the day after the buyer placed their order, according to the following methods: by La Poste (Depending on your choice). At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in the DOM-TOM or another country, delivery methods will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed date or delivery deadline, the buyer must, before breaking the contract, instruct the seller to execute it within a reasonable additional deadline.
Failing execution at the expiration of this new deadline, the buyer may freely break the contract.
The buyer must complete these formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered as resolved upon receipt by the seller of the letter or writing informing them of such resolution, unless the professional has performed in the meantime. However, the buyer may immediately resolve the contract, if the dates or deadlines seen above constitute for them an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was denouced.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the possibility to cancel their order. The buyer will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

- 11 - 2 - In case of false delivery/billing adress
Physical or digital products, in certain countries, are prohibited for sale. The seller gives himself the right to verify each order and each delivery/billing address. If a buyer provides a false address, the seller will refuse their order (and block their account for the reason "Non-compliance with general conditions of sale").

- If it is a physical order, his order will be refused.
- If it is a digital order, given the buyer will have already had first access to the product, it will not be refunded and their access will be blocked.

The buyer must provide a correct and accurate address. (Article 12)

- 11-3 - In case of order errors by the buyer
Any errors on the part of the buyer on an order, are the responsibility of the buyer. If he wishes to be reimbursed for his order, or partially, he must return the product in question (with the plastic packaging not unwrapped), and at his expense to the following address: ART OF KELV Dimitri LOINTHIER, 2 Place de l'Eglise 45800 SAINT JEAN DE BRAYE, France. (and attach a copy of the invoice).
Any unpackaged products will not be refunded.

- 11-4 - Digital products
Digital products such as ebooks are not refundable, including in case of account closure.


Article 12 - Delivery Methods
Delivery means the transfer to the consumer of physical possession or control of the good. The ordered products are delivered according to the modalities and the deadline specified above. Products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, product missing compared to the delivery slip, damaged package, broken products…).

This verification is considered as carried out once the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item(s) and transmit a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions…).


Article 13 - Delivery Errors
The buyer must make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of products in kind or in quality compared to the indications on the order form. Any claim made after this time will be rejected.
The claim can be made, at the choice of the buyer:

  • by phone at the following number: (to come)
  • by email at the following address: artofkelv.contact@gmail.com.
    Any claim not made in the rules defined above and within the time limits set will not be taken into account and will release the seller from any responsibility towards the buyer.
    Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
    In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: ART OF KELV, LOINTHIER Dimitri - 2 Place de l'Eglise, 45800 SAINT JEAN DE BRAYE (FRANCE)
    The return costs are at the seller's expense.

Article 14 - Product Warranty
- 14-1 Legal warranty of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to
make a request under the legal warranty of conformity provided for in Articles L. 217-4 and
following of the Consumer Code.
In case of implementation of the legal warranty of conformity, it is recalled that:

  • the buyer has a period of 2 years from the delivery of the good to act;
  • the buyer can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
  • the buyer does not have to prove the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.

- 14-2 Legal warranty against hidden defects
According to Articles 1641 and following of the Civil Code, the seller is the guarantor of hidden defects that may affect the sold good. It will be up to the buyer to prove that the defects existed at the time of the sale of the good and are such that the good is unfit for the use for which it was intended. This warranty must be implemented within two years from the discovery of the defect.
The buyer can choose between the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.


Article 15 - Right of Withdrawal
Application of the right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns must be in their original condition and complete (packaging, accessories, instructions…) allowing them to be put back on the market in new condition, along with the purchase invoice.
Damaged, soiled, or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
In case of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within a period of 30 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • of supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
  • of supply of goods made to the consumer's specifications or clearly personalized;
  • of supply of goods liable to deteriorate or expire rapidly;
  • of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • of supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
  • of supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
  • of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;
  • of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • of supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
  • of supply of digital content not supplied on a tangible medium whose execution has begun after prior express consent of the consumer and express waiver of their right of withdrawal.

Article 16 - Force Majeure
All circumstances independent of the will of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption of the obligations of the parties and lead to their suspension.
The party that invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Explicitly, are considered as force majeure or fortuitous events, besides those usually adopted by the jurisprudence of French courts and tribunals: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, the stop of telecommunication networks or difficulties specific to telecommunication networks external to the clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the injured party.


Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights on this content.
Buyers commit to making no use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement offense.

No publications/reproductions on platforms are authorized. Books in digital format (Ebook) cannot be shared for free and without the agreement of the seller and the author.

Article 18 - Personal Data
The personal data provided by the buyer are necessary for the processing of their order and the preparation of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders. The processing of information communicated through the ART OF KELV website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the methods defined on the ART OF KELV site.


Article 19 - Partial Non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.


Article 20 - Non-waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.


Article 21 - Title
In case of difficulty in interpretation between any of the titles heading the clauses, and any of the clauses, the titles will be declared nonexistent.


Article 22 - Language of the Contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute. The names, contact details, and email address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.


Article 24 - Applicable Law
These general terms and conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the substantive rules as well as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
If neither party reaches an agreement, the case will be transferred to a French juridical court, specifically the Orleans court. (44 rue de la Bretonnerie 45000 Orléans, France).


Article 25 - Personal Data Protection
- Data Collected
The personal data collected on this site are as follows:

  • account opening: when the user's account is created, their name; first name; email address; phone number; postal address; IP address
  • login: when the user logs into the website, the website records, in particular, their name, first name, login data, usage data, location data, and payment data;
  • profile: the use of the services provided on the website allows to fill in a profile, which may include an address and a telephone number;
  • payment: as part of the payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
  • communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored;
  • cookies: cookies are used, in the context of the use of the site. The user has the possibility to deactivate cookies from their browser settings.

- Use of Personal Data
The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

  • access and use of the website by the user;
  • management of the operation and optimization of the website;
  • organization of the terms of use of Payment Services;
  • verification, identification, and authentication of the data transmitted by the user;
  • offering the user the possibility to communicate with other users of the website;
  • implementation of user support;
  • personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
  • prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
  • management of possible disputes with users;
  • sending commercial and advertising information, according to the user's preferences.

- Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:

  • when the user uses payment services, for the implementation of these services, the website is in relation with third-party banking and financial companies with which it has contracts;
  • when the user publishes, in the free comment areas of the website, information accessible to the public;
  • when the user authorizes a third party's website to access their data;
  • when the website uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to the user's data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • if the law requires it, the website can carry out the transmission of data to respond to claims made against the website and comply with administrative and judicial procedures;
  • if the website is involved in a merger, acquisition, asset transfer, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Confidentiality
The website implements organizational, technical, software, and physical digital security measures to protect personal data against unauthorized alteration, destruction, and access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of Users' Rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: artofkelv.contact@gmail.com.

  • the right of access: they can exercise their right of access, to know their personal data. In this case, before the implementation of this right, the website may request proof of the user's identity to verify its accuracy;
  • the right to rectification: if the personal data held by the website is inaccurate, they can request the update of the information;
  • the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws;
  • the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions set out in the GDPR;
  • the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided by the GDPR;
  • the right to portability: they can claim that the website gives them the personal data they have provided to transfer them to a new website.

Evolution of this Clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.