The French version of these Terms and Conditions of Sale prevails in case of dispute.

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 operated by:

  • Dimitri LOINTHIER – ART OF KELV, sole proprietorship
  • Address: 2 Place de l’Église, 45800 Saint-Jean-de-Braye, France
  • Website: https://art-of-kelv.com
  • Email: artofkelv.contact@gmail.com

The ART OF KELV website offers the following products for sale:
books, merchandise (goodies), and digital books (e-books).

The customer acknowledges having read and accepted these General Terms and Conditions of Sale prior to placing an order.
Order validation constitutes full and unconditional acceptance of these General Terms and Conditions of Sale.

Article 1 – Principles

These General Terms and Conditions of Sale set forth the entirety of the obligations of the parties.
As such, the customer is deemed to accept them without reservation.

These Terms and Conditions apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales conducted through any other distribution or marketing channels.

They are accessible at all times on the ART OF KELV website and shall prevail, where applicable, over any other version or any conflicting document.

The seller and the customer agree that these Terms and Conditions exclusively govern their contractual relationship.
The seller reserves the right to modify these Terms and Conditions at any time. The applicable Terms and Conditions are those in force at the time the order is validated by the customer.

Should any provision of these Terms and Conditions be declared null or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision consistent with the practices in force in the distance selling sector for companies established in France.

These General Terms and Conditions of Sale are valid for an indefinite period.

Article 2 – Content

The purpose of this article is to define the rights and obligations of the parties in the context of the online sale of products offered by the seller to the customer on the ART OF KELV website.

These Terms and Conditions apply exclusively to purchases made on the ART OF KELV website and delivered only in mainland France and Corsica.

For any delivery to the French overseas departments and territories (DOM-TOM) or abroad, the customer must contact the seller in advance at: artofkelv.contact@gmail.com.

The purchases covered concern the following products:
books, merchandise (goodies), and digital books (e-books).

Article 3 – Pre-contractual Information

The customer acknowledges having been informed, prior to placing their order and concluding the contract, in a clear and understandable manner, of these General Terms and Conditions of Sale and all information listed in Article L.221-5 of the French Consumer Code.

The following information is provided to the customer in a clear and comprehensible manner:

  • The essential characteristics of the product;
  • The price of the product and/or how the price is calculated;
  • Where applicable, any additional costs for transport, delivery, or postage, as well as any other potential fees;
  • In the absence of immediate execution of the contract, the date or time frame for delivery to which the seller commits, regardless of the product price;
  • Information relating to the seller’s identity, postal, telephone, and electronic contact details, and its business activities;
  • Information regarding legal guarantees, the functionalities of digital content and, where applicable, its interoperability;
  • The existence and procedures for implementing guarantees and other contractual terms.

Article 4 – Protection of Minors and Age Verification

In accordance with current legislation in the United Kingdom (Online Safety Act) and France (SREN Law, ARCOM requirements), ART OF KELV has implemented several age verification measures to ensure that only adult customers can access the offered content.

These measures include:

  • Mandatory input of the date of birth upon entering the website;
  • Optional removal of explicit book excerpts;
  • Post-purchase identity verification via an official ID (only full name and date of birth must be visible) and a signed declaration of truth.

If verification fails (underage user or unverifiable identity), the order will be cancelled and refunded.

Full details of this policy are available on the dedicated page: English Page.

Article 5 – The Order

The customer may place an order online using the catalog and the form provided on the website, for any product, subject to stock availability.

The customer will be informed of any product or item that is unavailable.

For the order to be validated, the customer must:

  1. Accept these General Terms and Conditions of Sale by clicking where indicated;
  2. Choose the delivery address and method;
  3. Validate the payment method.

The sale will be considered final:

  • after the customer receives order acceptance confirmation from the seller via email;
  • and after the seller receives the full payment.

Any order implies acceptance of the prices and the description of the products offered for sale. Any dispute on this matter will be handled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address, or other issues with the customer’s account, the seller reserves the right to block the order until the issue is resolved.

For any questions regarding the follow-up of an order, the customer may contact the seller by email at: artofkelv.contact@gmail.com.

Article 6 – Electronic Signature

The online provision of the customer’s credit card number and the final validation of the order constitute proof of the customer’s agreement regarding:

  • the payment of amounts due under the order form;
  • the signature and express acceptance of all transactions carried out.

In case of fraudulent use of the credit card, the customer is invited, as soon as such use is detected, to contact the seller immediately by email at: artofkelv.contact@gmail.com.

Article 7 – Order Confirmation

The seller provides the customer with an order confirmation by email.

This confirmation includes, in particular:

  • the products ordered;
  • the total price and any applicable fees;
  • the delivery address and chosen delivery method;
  • information related to the delivery.

It serves as proof that the order has been acknowledged by the seller.

Article 8 – Proof of the Transaction

The computerized records maintained in the seller’s computer systems, under reasonable security conditions, shall serve 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, which can be produced as evidence if necessary.

Article 9 – Product Information

The products governed by these General Terms and Conditions of Sale are those listed on the seller’s website and indicated as sold and shipped by the seller.
They are offered subject to stock availability.

The products are described and presented with the utmost care. However, in the event of errors or omissions in this presentation, the seller cannot be held liable.

Product photographs are not contractual and are provided for illustrative purposes only.

Article 10 – Price

The seller reserves the right to change its prices at any time, but undertakes to apply the rates in effect at the time of the order, subject to stock availability on that date.

Prices are indicated in euros (€). They do not include delivery charges, which are billed in addition and indicated before the order is validated.

VAT not applicable, article 293 B of the French Tax Code.

In the event that one or more taxes or contributions, in particular environmental taxes, are created or modified, this change may be passed on to the selling price of the products.

Article 11 – Payment Method

Placing an order constitutes an obligation to pay, which means that placing an order implies payment by the customer.

To pay for their order, the customer may use any of the payment methods provided by the seller and listed on the website.

The customer guarantees that they have the necessary authorizations to use the chosen payment method at the time of validating the order form.

The seller reserves the right to suspend any order processing and delivery in case of refusal of authorization by officially accredited credit card organizations, or in the event of non-payment.

The seller specifically reserves the right to refuse delivery or fulfillment of an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Payment of the price is made in full on the day of the order, using one of the following methods:

  • PayPal
  • Credit card (VISA, Mastercard, American Express)

Article 12 – Product Availability, Refunds and Contract Resolution

– 12.1 – General

Except in cases of force majeure or during periods of closure of the online store, clearly announced on the homepage, shipping times are, subject to stock availability, those indicated below.
Shipping times start from the order registration date indicated in the order confirmation email.

For deliveries in mainland France and Corsica, the maximum delivery time is 20 working days (except for pre-orders), starting from the day after the order is placed, according to the chosen delivery method (e.g., La Poste).
At the latest, delivery will occur within 30 working days after the conclusion of the contract.

For deliveries to DOM-TOM or other countries, delivery methods will be specified to the customer on a case-by-case basis.

In case of non-compliance with the agreed delivery date or deadline, the customer must, before terminating the contract, instruct the seller to fulfill the delivery within a reasonable additional period.

If the seller does not fulfill the delivery within this new period, the customer may terminate the contract freely.

These formalities must be carried out by registered letter with acknowledgment of receipt or another durable medium.
The contract will be considered terminated upon receipt by the seller of the termination notice, unless the seller has performed in the meantime.

However, the customer may terminate the contract immediately if the delivery dates or deadlines constitute an essential condition of the contract.

In this case, the seller is obliged to refund all amounts paid by the customer, no later than 14 days from the date of contract termination.

In the event of unavailability of the ordered product, the customer will be informed as soon as possible and may cancel their order.
They may then choose between:

  • Refund of the amounts paid, no later than 14 days after payment;
  • Exchange of the product.

– 12.2 – In Case of False Delivery/Billing Address

Certain products, whether physical or digital, may be prohibited for sale in certain countries.
The seller reserves the right to verify each order and each delivery/billing address.

If a customer provides a false or incorrect address, the seller may:

  • For a physical order: refuse the order and block the customer’s account for non-compliance with the General Terms and Conditions of Sale.
  • For a digital order: since the customer will have already had initial access to the product, no refund will be issued and access will be immediately blocked.

The customer must provide a correct and accurate address.

– 12.3 – In Case of Order Errors by the Customer

Any errors made by the customer when placing an order are the customer’s responsibility.

If the customer wishes to be fully or partially refunded, they must return the relevant product:

  • The product must be in its original unopened packaging;
  • Return shipping costs are borne by the customer;
  • The product must be sent to the following address:

ART OF KELV – Dimitri LOINTHIER
2 Place de l’Église
45800 SAINT JEAN DE BRAYE
France

  • A copy of the invoice must be included with the return.
  • Any product with opened packaging will not be refunded.

– 12.4 – Digital Products

Digital products, such as ebooks, are non-refundable, including in the event of account closure.

Article 13 – Delivery Methods

Delivery means the transfer to the consumer of physical possession or control of the product.
Ordered products are delivered according to the methods and deadlines specified in the previous articles.

Products are delivered to the address provided by the customer on the order form, which the customer must ensure is accurate.
Any package returned to the seller due to an incorrect or incomplete address will be reshipped at the customer’s expense.

The customer may, upon request, have the invoice sent to the billing address instead of the delivery address, by selecting the option provided on the order form.

If the customer is absent on the day of delivery, the carrier will leave a delivery notice allowing the package to be collected at the indicated place and time.

Upon receipt, if the original packaging is damaged, torn, or opened, the customer must check the condition of the items.
If items are damaged, the customer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

The customer must indicate on the delivery slip, in the form of handwritten reservations with their signature, any anomalies regarding the delivery (damage, missing products compared to the delivery slip, damaged package, broken items…).
This verification is considered completed once the delivery slip is signed by the customer or a person authorized by them.

The customer must then confirm these reservations by registered mail to the carrier no later than two working days after receipt and send a copy of this letter to the seller at the address indicated in the website’s legal notices.

If the products need to be returned to the seller, a return request must be made within 14 days of delivery.
Any claim made after this period will not be accepted.
The return can only be accepted for products in their original condition (packaging, accessories, instructions…).

Article 14 – Delivery Errors

The customer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any delivery error and/or non-conformity of the products in kind or quality compared to the information on the order form.
Any claim made after this period will not be considered.

The claim can be made, at the customer’s choice:

  • By phone at the following number: (to be completed)
  • By email at: artofkelv.contact@gmail.com

Any claim not made according to the rules defined above and within the specified timeframe will not be accepted and releases the seller from any liability toward the customer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it to the customer by email.
A product exchange can only occur after this number has been assigned.

In case of delivery error or exchange, any product to be exchanged or refunded must be returned in its entirety and in its original packaging, via Colissimo Registered Mail, to the following address:

ART OF KELV – LOINTHIER Dimitri
2 Place de l’Église
45800 SAINT JEAN DE BRAYE
France

Return costs are borne by the seller.

Article 15 – Product Warranty

– 15.1 – Legal warranty of conformity for books

The seller guarantees that the books sold comply with the contract, allowing the customer to exercise the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code.

In practice:

  • The warranty covers only manufacturing or delivery defects, such as:
    • Missing or damaged pages,
    • Damaged cover upon receipt,
    • Printing or binding defects.
  • It does not cover:
    • Normal wear and tear of the book,
    • Damage caused by the customer or misuse.

According to the law:

  • The customer has a period of 2 years from delivery to report a defect on a new book,
  • They may choose between replacement or repair of the book, if feasible,
  • The customer does not need to prove non-conformity during the first 24 months for a new book.

For second-hand books, the legal period is 6 months.

– 15.2 – Legal Warranty for Hidden Defects

The seller is also bound by the legal warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

In practice:

  • This warranty covers any defect making the book unfit for its intended use or significantly reducing its use, which was not apparent at the time of purchase.
  • The customer may request a full refund or a partial price reduction if the defect is confirmed.
  • The customer has a period of two years from the discovery of the defect to take action.

To exercise this warranty, the customer must notify the seller in writing and, if possible, provide evidence of the defect.

Limitations:

  • This warranty does not cover damage caused by misuse of the book.
  • It does not apply to digital products (ebooks), as stated in Article 12.4.

Article 16 – Right of Withdrawal

– 16.1 – Application of the right of withdrawal

In accordance with the French Consumer Code, the customer has a 14-day period from the date of delivery to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the customer’s responsibility.

Products must be in their original condition and complete (packaging, accessories, instructions…), allowing them to be resold as new, and must be accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website.
An acknowledgment of receipt on a durable medium will be immediately communicated to the customer.
Any other method of withdrawal declaration is accepted, provided it is clear and unambiguously expresses the intention to withdraw.

When exercising the right of withdrawal within the above period:

  • The price of the purchased products and the delivery costs are reimbursed;
  • Return shipping costs are borne by the customer;
  • The exchange (subject to availability) or refund will be processed within 30 days, and at the latest 14 days after the seller receives the returned products.

– 16.2 – Exceptions to the right of withdrawal

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

  • Supply of goods whose price depends on financial market fluctuations beyond the professional’s control and likely to occur during the withdrawal period;
  • Supply of goods made to the consumer’s specifications or clearly personalized;
  • Supply of goods liable to deteriorate or expire rapidly;
  • Supply of goods unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons;
  • Supply of goods that, after delivery, are inseparably mixed with other items;
  • Supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose price depends on market fluctuations beyond the professional’s control;
  • Urgent maintenance or repair work carried out at the consumer’s home, expressly requested by them, within the limit of parts and work strictly necessary to meet the emergency;
  • Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
  • Supply of a newspaper, periodical, or magazine, except for subscription contracts;
  • Supply of digital content not provided on a tangible medium, when its execution has begun after prior express consent of the consumer and express waiver of their right of withdrawal.

Article 17 – Force Majeure

All circumstances beyond the control of the parties that prevent the normal performance of their obligations are considered grounds for exemption and lead to their suspension.

The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance.

The following are explicitly considered force majeure or unforeseen events, in addition to those generally recognized by French case law:

  • Blocking of transport or supply chains,
  • Earthquakes, fires, storms, floods, lightning,
  • Stoppage of telecommunications networks or difficulties external to the clients and beyond the seller’s control.

The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will continue to be performed.

If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the affected party.

Article 18 – Intellectual Property

The content of the website remains the exclusive property of the seller, the sole holder of intellectual property rights on this content.

The customer agrees not to make any use of this content. Any total or partial reproduction, representation, modification, distribution, or exploitation, by any means or on any medium, is strictly prohibited and may constitute an infringement, liable to civil and criminal penalties.

Protected content includes, but is not limited to:

  • Texts, illustrations, images, photographs, videos, book excerpts, and artistic concepts;
  • Logos, trademarks, domain names, and graphical elements of the website;
  • Any digital content or downloadable material from the website.

Any authorization for use must be the subject of a prior written agreement from the seller.

Article 19 – Personal Data

The personal data provided by the customer 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 transmitted through the ART OF KELV website has been declared to the CNIL and is carried out in compliance with the General Data Protection Regulation (GDPR).

The customer has a permanent right of access, modification, correction, and objection regarding information concerning them.
This right may be exercised according to the procedures defined on the ART OF KELV website, or by contacting: artofkelv.contact@gmail.com.

Article 20 – Partial Invalidity

If one or more provisions 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 provisions shall remain in full force and effect.

Article 21 – Non-waiver

The fact that one party does not enforce an obligation of the other party, as set out in these general terms and conditions, cannot be interpreted in the future as a waiver of that obligation.

Article 22 – Headings

In case of any difficulty in interpretation between the headings of the clauses and the content of the clauses themselves, the headings shall be deemed nonexistent.

Article 23 – Language of the Contract

These general terms and conditions of sale are written in French (and translated into English for informational purposes).
In the event of a translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 24 – Mediation and Dispute Resolution

The customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any other alternative dispute resolution method (conciliation, for example) in case of a dispute.
The names, contact details, and email address of the mediator(s) are available on our website.

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

Article 25 – Applicable Law

These general terms and conditions of sale are governed by French law.
The competent court for any dispute regarding the performance or interpretation of these terms and conditions is the French judicial court.

This jurisdiction applies to both substantive and procedural rules.

In case of a dispute or claim, the customer must first contact the seller to seek an amicable solution.
If no agreement is reached, the case will be brought before the Orléans Judicial Court:
44 rue de la Bretonnerie, 45000 Orléans, France.

Article 26 – Personal Data Protection

Data Collected

The personal data collected on this site are as follows:

  • Account creation: when a user creates an account, the website collects their name, first name, email address, phone number, postal address, and IP address.
  • Login: when the user logs into the website, it records, in particular, their name, first name, login credentials, usage data, location data, and payment data.
  • Profile: using the services provided on the website allows the creation of a profile, which may include an address and phone number.
  • Payment: as part of payment for the products and services offered on the website, the website records financial data related to the user’s bank account or credit card.
  • Communication: when the website is used to communicate with other members, data concerning the user’s communications are temporarily stored.
  • Cookies: cookies are used in connection with the use of the site. Users may disable cookies via their browser settings.

These data are collected and processed in accordance with the General Data Protection Regulation (GDPR) and the declaration made to the CNIL.

Article 27 – Use and Sharing of Personal Data

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. Specifically, they are used for:

  • Access to and use of the website by the user;
  • Management, operation, and optimization of the website;
  • Organization of the terms of use of Payment Services;
  • Verification, identification, and authentication of data transmitted by the user;
  • Offering the user the ability to communicate with other users of the website;
  • Implementation of user support;
  • Personalization of services, including displaying advertisements based on the user’s browsing history and preferences;
  • Prevention and detection of fraud, malware, 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, the website communicates with third-party banking and financial companies with which it has contracts to implement these services;
  • When the user publishes information in public comment areas of the website;
  • When the user authorizes a third-party website to access their data;
  • When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to the user’s data and are contractually obliged to use it in accordance with applicable data protection regulations;
  • If required by law, the website may transmit data to respond to claims or comply with administrative or 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. Users will be informed before personal data is transferred to a third party.

Article 28 – Security and Implementation of Users’ Rights

Security and Confidentiality

The website implements organizational, technical, software, and physical measures to protect personal data against unauthorized alteration, destruction, or access.
However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the absolute security of information transmission or storage online.

Implementation of Users’ Rights

In accordance with applicable data protection regulations, users have the following rights, which they can exercise by sending a request to: artofkelv.contact@gmail.com

  • Right of access: to know their personal data. Before exercising this right, the website may request proof of identity to verify accuracy;
  • Right to rectification: request the update of information if the personal data held is inaccurate;
  • Right to deletion: request the deletion of personal data in accordance with applicable laws;
  • Right to restrict processing: request that the website limit the processing of personal data in accordance with GDPR provisions;
  • Right to object to processing: object to the processing of their data as provided by the GDPR;
  • Right to data portability: obtain their personal data from the website in order to transfer it to another service.

Changes to this Clause

The website reserves the right to make any changes to this personal data protection clause at any time.
If a modification is made, the website undertakes to publish the new version on the site and inform users by email at least 15 days before it takes effect.
If the user does not agree with the terms of the new clause, they have the option to delete their account.