Terms and Conditions
Article 1. Definition
‘Client’ : Any person or entity, private or public, making use of the Service.
‘Publisher’ : Kounst., in its capacity as publisher of the Website.
‘User” : Any person or entity, private or public law, connecting to the Site.
‘Service’ : Provision by the Publisher of a system providing an online sales site
Article 2. Scope of Application
Navigating the Site implies acceptance by any Internet user of these terms. The inscription to the Site implies full acceptance of these terms and conditions. When adhering to the Service, this acceptance will be confirmed by ticking the box.. ‘I accept the Terms and Conditions’. Ticking the box will be deemed to have the same value as a handwritten signature from the Client.
Article 3. Purpose
The Site is intended for the online purchase of artworks
Article 4. Payment
The applicable prices are those displayed on the site the day of the order. These prices can be modified at any time by the Publisher. Displayed prices are valid until the date of the order and are in no way related to future prices. The prices listed on the site agreed in Euros, excluding tax.
4.2 Method of Payment
Invoices will be issued at the end of every month. Each invoice is payable by the Client before the 5th of the following month. Non-payment by the Client in a time of 15 days of invoice reception with result in the Publisher automatically suspending the Service. The Client may make pay by bank transfer or by credit card. The Publisher has access to any data on the Customer payment instruments.
Article 5. Consumer Rights
The Client Service is available via email at : [email protected]
Article 6. Cookies & IP addresses of Users
To allow all Internet users an optimal navigation on this Site and better functioning of the various interfaces and applications, the Publisher can proceed to send a cookie to the browsing device of the Internet user.
6.1.2 Cookie Expiration
Cookies are used to store information relating to navigation on the Site (date, page, hours) as well as any data entered by Internet users during their visit (search, login, email, password). These cookies are meant to be kept on the browsing device of the Internet for varying periods up to one year, and can be read and used by the Publisher during a subsequent visit of the Internet on this Site .
The Internet user has the ability to block, modify the retention period, or delete these cookies via their browser interface (usually: tools or options / privacy or private life). In this case, browsing through this website will not be optimized. If disabling cookies systematically on the browser of the Internet prevents them from using certain services, this malfunction can not in any way constitute damage for which the Client can not claim any compensation as a result.
6.1.4 Removal of Cookies
Internet users also have the option to delete cookies implanted on their computer, by going to the menu of their browser provided for this purpose (usually tools or options / privacy or private life). Doing so excludes Clients from the benefits of cookies.
6.2 IP Addresses
6.2.1 Definition and Collection of IP Addresses
The IP address is a series of period separated numbers, allowing the unique identification of a computer on the Internet. The Publisher reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be performed anonymously. The IP address of Internet users will be kept for the time required by law.
6.2.2 Communication of IP Addresses
The publisher must disclose all personal data relating to a User once subjected to a legal Police subpoena or court order in the jurisdiction of the country of the Publisher. The IP address can be reconciled with the actual identity of the Internet by means of cooperation of the associated Internet Service Provider.
Article 7. Responsibility of the Publisher
7.1 Nature of the Obligations of the Publisher
The Publisher is only obligation to respond to matters relating to the Service. The publisher has no obligation in regards to the badge contents or advice.
7.2 Force Majeure – Client Breach
The Publisher will not be liable in case of force majeure or fault on the behalf of the Client, as defined in this Article:
7.2.1 Force Majeure
For the purposes of these terms and conditions, the following are considered to be force majeure, and not subject to claim by the Client: limitation or disturbance of the Service due to: fire, epidemic, explosion, earthquake, bandwidth or connectivity issue, failure of transmission networks, facilities collapse, illegal or fraudulent use of passwords, codes or references provided to the Client, hacking, security holes due to the hosting of the Site or developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be excused from performance of its obligations to the extent of such prevention, restriction or that this inconvenience.
7.2 Client Breach
For the purposes of these Terms and Conditions shall be considered as a fault of the Client, enforceable against the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of its employees, non-payment of due bills, non-compliance with the advice given by the Publisher on its website and the information of incorrect information (such as not but not restricted to Customer permission to copy a badge). Also consiered to be Client Breach is the non-conservation of a register mentioning the name, surname and ID number of the badge holder for any copy operation, the implementation of any technical process, such as robots or automated queries whose implementation would violate the letter or spirit of these terms of sale. In case of Breach, the Client’s access to the Service may be interrupted by the Publisher.
7.3 Technical Problems – Hyperlinks
In case of inability to access the site due to technical problems of any kind, the Client may not claim damages nor claim any compensation. The unavailability, even for a prolonged period and without limitation to one or more online services, can be cannot be considered Damaging to Clients and can in no way give rise to the award of damages from the Editor. The hyperlinks on the Site may refer to other websites. The Publisher cannot be held responsible if the content of these sites contravenes the laws. Similarly, the responsibility of the Publisher can not be held liable if the visit by a User to one of these sites causes harm.
In the absence of contrary legal evidence or regulatory provisions, the responsibility of the Publisher is limited to direct prejudice, staff and some damages by the Customer arising from the failure concerned. The publisher shall in no event be liable for indirect damage such as, in particular data losses, commercial damage, loss of control, damage to brand image, commercial disturbances and loss of profits or Clients. Similarly, and within the same limits, the amount of damages borne the Publisher shall in any event exceed the price of the Service ordered.
Article 8. Orders
8.1 Order Confirmation
Each successful badge duplication is recorded and billed to the Customer at month;s end. Billing is on a predetermined date and a reminder via email or SMS will be sent to the Customer. If a Client fails to settle its bils, the Service can be immediately suspended until the invoice(s) have been paid.
The Publisher will not charge any service fees if a copy is not a 100% validated duplication.
Article 9. Intellectual Property
8.1 Order Confirmation
Each successful badge duplication is recorded and billed to the Customer at month;s end. Billing is on a predetermined date and a reminder via email or SMS will be sent to the Customer. If a Client fails to settle its bills, the Service can be immediately suspended until the invoice(s) have been paid.
The contents (text, images, diagrams, etc), the structure and the software used to operate the Site are protected by copyright. Any representation or complete or partial reproduction made without the consent of the Publisher or his successors or assignees is a violation of Books I and III of the Code of intellectual property act, and will likely lead to prosecution. It is the same for the translation, adaptation or transformation, arrangement or reproduction by any technique or process. The information published on this Site are for information purposes only, without guarantee of accuracy. The publisher shall in no event be liable because of an omission, inaccuracy or any error in this information, which is believed to cause direct or indirect harm to the Client.
Article 10. General Terms
The jurisdiction of these Terms and Conditions is Hong Kong.
10.2 Modification of Terms and Conditions
These general conditions can be modified at any time by the Publisher. The Terms and Conditions deemed applicable are those in place at the time of a badge duplication.
10.3 Friendly Settlement of Disputes
Unless otherwise obliged, any disputes that may arise in connection with the execution of these Terms and Conditions, before any legal action, will be subject to amicable settlement, at the discretion of the Publisher. It is expressly stated that the settlement of claims do not suspend the time limits allowed for instituting legal proceedings.
The invalidity of any provision of this Agreement will not result in the nullity of the other clauses of the contract or the contract as a whole, which retain their full effect and scope. In such a case, the parties shall best as possible replace the void provision by a valid provision corresponding to the spirit and purpose hereof.
10.5 Non Waiver of Rights
The non-pursuit by the Publish of a breach of rightsis under no circumstance to be considered a waiver of said rights.