GENERAL CONDITIONS OF SALE – CREATORS
General conditions of sale at 15/01/2018
ARTICLE 1 – DEFINITIONS
Under the present General Conditions of Sale, all the following terms, capitalized, have the meaning indicated below and are understood both in the singular and in the plural:
KYMEE: trade name used by Garnier Charlotte;
Application: IT solution that allows the User to use the Features and Services offered by KYMEE;
Shop Creator: Space of the Site and, if necessary, the Application assigned to a Creator where he proposes his Products for sale;
CGU: The General Conditions of Use are made available on the Site and, where applicable, the Application. They define and delimit the conditions of use for any person who accesses them and uses the Site and, where applicable, the Application;
Customer: User purchasing Products on the Site and, if applicable, the Application;
KYMEE Commission: Percentage of the Prize received by KYMEE and paid by the Creator for each Order;
Account: Access system requiring an identifier and a password;
Creator: User offering for sale his Products on the Site and, where applicable, the Application;
Data: Any element (information, texts, photographs, messages, etc.) collected by the Creator and implemented by him within the Site and Services and, where appropriate, the Application through its use;
Personal Data (s): Refers to any information relating to an identified or identifiable natural or legal person; is deemed to be an “identifiable natural or legal person” a natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, a online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity;
Functionality: Each element implemented, accessible and usable within the different Services;
Delivery: Making available to the Customer of the Product he has ordered on the Site and, where applicable, the Application;
Private Message: an e-mail sent by a User to another User via the e-mail address indicated during his registration;
Means of Access: Methods and / or function by which a Creator can access one or more Services in order to use them for his own needs;
Operator: A company that operates various electronic telecommunications networks necessary to access and use the Services;
Party: Persons who have signed and adhere to the CGV Creators and the obligations they contain;
Ordering: Purchase by a Customer of a Product offered for sale by a Creator on the Site and, where applicable, the Application. There is an Order Only if the Customer has paid the price from the Site and, where applicable, the Application;
Product: Property offered for sale by a Creator on the Site and, where applicable, the Application;
Profile: Page presenting a User and accessible only to Users logged into their Account;
§ Price: Price indicated by a Creator for a Product present in its Designer Shop;
Services: All services made available to the Creator by KYMEE and accessible via the means of access;
Site: the KYMEE website allowing the Creator to access the Services, namely: www.kymee.fr;
§ Third party: Refers to natural or legal persons who are not bound by a common property or control to KYMEE or other individuals unrelated to KYMEE and / or the User;
User: means any natural or legal person accessing the Site and, where applicable, the Application.
ARTICLE 2 – OBJECTIVE OF THE CREATIVE SALES CONDITIONS
The purpose of this contract is to define the terms and conditions under which KYMEE provides its Services, and those it may develop in the future, at the disposal of the Creators.
ARTICLE 3 – ACCEPTANCE OF TERMS AND CONDITIONS OF SALE AND SERVICES
The CGV Creators are accepted by any Creator who registers on the www.kymee.fr Site and, where applicable, the Application.
The Creator declares to have read these General Conditions of Sale and the General Conditions of Use of the Site and, where applicable, the Application and have accepted by checking the box provided for this purpose when registering. The registration of the Creator on the Site www.kymee.fr and, where applicable, the Application implies acceptance without restriction or reservation of these Terms.
The Creator who accepts the CGV Creators also accepts:
Services, their provision and execution;
the KYMEE Commission;
all payment terms offered on the Site and, where applicable, on the Application;
all elements relating to the Services offered and exclusively described on the www.kymee.fr Website and, where applicable, the Application;
any informative and / or complementary document concerning the www.kymee.fr Site and, where applicable, the Application, the Services and their uses through the Application provided by KYMEE;
any dispute on any of these points is made in the context of the last article of these Terms.
The Site, the Application and the Services are intended only for persons of full age and having legal capacity. Any registration on the Site or, where applicable, on the Application by a non-adult person is strictly prohibited, except with the express prior consent of its legal representatives.
By registering on the Site or, as the case may be, on the Application, the Creator declares and guarantees to be of age and to have full legal capacity.
These Terms may be subject to subsequent amendments, the version applicable to any Ordering for the benefit of the Creator is the one in effect on the Site and the Application on the date when the Order is placed.
ARTICLE 4 – WITHDRAWAL PERIOD
In accordance with the provisions of Article L121-16-1 III of the Consumer Code, if the object of the contract does not fall within the main activity of the Creator and the latter employs a lower number of employees or equal to five, he has a right of withdrawal. It may then retract within fourteen (14) calendar days after the conclusion of the contract. If the period expires on a Saturday, Sunday or a holiday, it is extended until the expiry of the last hour of the next following business day.
The Creator understands and agrees that the Services will be provided to him upon registration. The Services will therefore be fully performed before the end of the fourteen (14) calendar day retraction period available to the Creator. The Creator therefore expressly waives his right of withdrawal by ticking the box provided for this purpose (Article L. 221-28 of the Consumer Code).
If the Creator does not meet the requirements of Article L121-16-1 III of the Consumer Code, he will not benefit from a right of withdrawal.
ARTICLE 5 – COMMITMENTS OF THE PARTIES
5. 1. CREATOR’S COMMITMENTS
The Creator understands and agrees that its relationship with KYMEE is limited to being an independent third party co-contractor, and not an employee, agent, co-contractor or KYMEE partner for any reason whatsoever.
The Creator acts exclusively in his name and for his own benefit, and not in the name or for the benefit of KYMEE.
KYMEE does not control the Creative Stores or the activities of the Offline Creators associated with their Creative Stores or any other issues related to any Product they would offer for sale.
The Creator agrees to do nothing to create the false impression that it is supported by, in partnership with, or acting on behalf of or for the benefit of KYMEE, including improper use of any intellectual property of KYMEE.
The Creator undertakes never to propose to a Customer to purchase its Products outside the Site or, where applicable, the Application. Such behavior warrants an exclusion from the Site and, where applicable, from the Application in accordance with the terms and conditions set out in the TOS.
The Creator has the obligation to take out professional liability insurance for activities related to the Products they offer for sale.
The Creator declares to KYMEE that the Products he proposes for sale comply with the legal obligations that concern them.
5. 2. COMMITMENTS OF KYMEE
KYMEE is only a simple intermediary between the Creator and potential Clients. KYMEE is only a platform for linking and payment.
KYMEE consents to the Creator:
a right of access to the Site Services and, where applicable, the Application under the conditions defined below;
a right to use the Features.
The Site, the Application and the Services constitute an online platform on which Creators may create a Creator Shop and add Products that Customers may consult to obtain information or to purchase such Products directly from the Creator, KYMEE n ‘ being a platform for linking and payment.
The Creator understands and accepts that KYMEE is not party to any agreement between him and the Clients.
KYMEE has no control over the behavior of Customers, and other Users of the Site, the Application and Services or the Products. KYMEE excludes all liability in this respect to the extent permitted by law.
ARTICLE 6 – CREATOR’S OBLIGATIONS
Every Creator must respect:
6. 1. INSURANCE
The Creator has the obligation to take out professional liability insurance for the activities related to the Products he offers for sale.
6. 2. PROPERTY OF PRODUCTS
The Creator assures that he has the power to sell the Products offered for sale in his Boutique Creator. The Creator also ensures that the Products he offers for sale do not violate the intellectual property rights of Tiers.
If this is not the case and KYMEE is informed, it will remove the Creator Shop and may also exclude the Creator from the Site and the Application.
6. 3. TAKING CONTACT
The Creator in all his contacts with the Customer must respect the TOS, in particular article 9 stipulating in particular that it is forbidden for all Users to “advertise or promote a company, a brand, a site, a blog or any forum.
The Creator must obligatorily and exclusively respond to the Customer via a Private Message from the Site and, where applicable, the Application for any request having a link with a Product or with a Change of Order.
Consequently, it is expressly forbidden for the Creator to transmit to Customers information allowing them to be contacted outside the Website and, where applicable, the Application (including their telephone number, their address, their email address and their address. from his personal website).
It is reminded that, pursuant to article 9 of the GCU, “all Private Messages sent through the Site and, where applicable, the Application must constitute genuine requests for information relating to a Product or a Placing an order. Sending spam or unwanted e-mails is strictly prohibited. “.
It is also forbidden for the Creator to provide Clients with links to a website, links to social networks or to allow a User to find his / her Product on another site with key elements such as a number. advertisement and the name of a site on the internal messaging of the Site and, where applicable, the Application, on its presentation as a Creator, in its Designer Store.
6. 4. OBLIGATION TO MAKE PRODUCTS AVAILABLE
The Creator is obliged to keep up to date on the Site and on the Application the stocks of the Products that he proposes for sale in his Boutique Creator. In this respect, stocks must be discounted at least once a day.
The Creator is obliged to deliver to the Customer the Products conforming to the descriptive statement he has made on his Designer Shop.
The Creator declares that the Products sold to the Customer are in compliance with all legal obligations.
6. 5. PHOTO CREDITS
The Creator will have a tool to cut the photos of his products, to optimize their presentation.
KYMEE may use the pictures posted by the Creator for advertising purposes.
6. 6. SINCERITY OF INFORMATION AVAILABLE ON THE CREATOR BOUTIQUE
The Creator asserts that the information he sends to KYMEE and to the Clients is sincere. Any inaccuracy in the Creator’s statements is likely to engage his responsibility.
6. 7. FORCE MAJEURE
The Creator can not be held responsible if the non-execution or the delay in the execution of any of its obligations, as described herein, results from a case of force majeure, within the meaning of the Article 1218 of the Civil Code.
ARTICLE 7 – CREATION OF THE CREATOR SHOP AND SALE OF PRODUCTS
7. 1. PREPARATION OF AN ACCOUNT
To have a Creator Shop, the Creator is obliged to have a Personal Account and to be logged into this account.
7. 2. PHOTOS AND WRITING THE PRODUCT TEXT
Le texte de description courte est limité à 400 caractères.
KYMEE tient à ce que les photos soient aussi réalistes que possible. Aussi, il est fortement conseiller de suivre les consignes suivantes :
- Ne pas utiliser de stark lighting ;
- Ne pas réaliser trop de retouches : ne pas trop retoucher ou ajouter des filtres, pas de collages, des bordures ou des filigranes durs aux photos ;
- Un seul Produit doit figurer sur chaque photo ;
- Ne pas utiliser de photo que vous n’avez pas réalisées vous-même (KYMEE n’autorise pas les images / images de stock des fournisseurs, même si le Créateur a acheté les droits d’utilisation des images) ;
- Ne pas utiliser des photos en noir et blanc ;
- Ne pas utiliser des photos de défilés.
Dans l’hypothèse où le Créateur vendrait des articles de papeterie, plusieurs articles pourront figurer sur une même photo. Les boucles d’oreilles peuvent être photographiées dans la paume d’une main.
A l’exclusion de ces deux tolérances de KYMEE, toutes les consignes citées précédemment doivent être respectées.
En cas de non-respect de ces consignes, KYMEE se réserve le droit de retirer des photos du Site, et le cas-échéant de l’Application, sans préavis.
KYMEE pourra utiliser les photos postées par le Créateur à des fins publicitaires.
Le Créateur doit indiquer les stocks disponibles pour chaque Produit présent dans sa Boutique Créateur. Les stocks doivent être actualisés au moins une fois par jour.
7. 3. DETERMINING THE SELLING PRICE
When adding a Product to its Designer Store, the Creator indicates the Sale Price of that Product. The sale price must be indicated excluding taxes and all taxes.
7. 4. PRODUCT DEFECT
In the event that the Product delivered by the Creator to the Customer presents a defect, the Creator undertakes to replace the Product at its expense within a period of 7 (seven) calendar days maximum after the Customer has made the request.
In the event that the Creator does not wish to replace the Product with a defect, he would be obliged to immediately contact KYMEE to explain the reason.
In the event that the refusal of the Creator is not justified, KYMEE could exclude it from the Site and the Application.
7. 5. DELAY IN DELIVERY
In the event that the Creator does not deliver the Customer within a maximum of 5 (five) working days after the Ordering, he must immediately inform the Customer and KYMEE.
In the event that the Creator does not respect delivery times at least 2 (two) times, KYMEE may exclude it from the Site and the Application.
ARTICLE 8 – PAYMENT OF THE PRICE, PAYMENT BY THE COMMISSION OF THE ONLINE PAYMENT PRESENT AND PAYMENT BY THE KYMEE COMMISSION
For each Order placed on a Boutique Creator, KYMEE will keep 6 (six)% TTC of the Sale Price.
For each Purchase Order, the online payment provider chosen by KYMEE, STRIPE, will charge 1.4 (one point four)% TTC of the Sale Price.
KYMEE will pay the remaining 92.6 (ninety-two decimal six)% to the Creator by bank transfer within 2 (two) business days of delivery of the Product (s) ordered.
The invoice will be edited directly by the Creator for the benefit of the Customer.
ARTICLE 9 – ORDER
A Client connected to his Personal Account may Place an Order via the Site, the Application and the Services in any Design Shop.
During the Ordering, the Creator receives a summary of the order by Private Message from KYMEE luis indicating for each Product ordered the reference and the quantity and the address of the Customer who placed the order.
The Creator undertakes to send a Private Message to the Customer when his order is shipped.
Delivery of the Products must be made by the Creator within a maximum of five (5) working days.
ARTICLE 10 – CANCELLATION OF ORDER
The Creator is obliged to update his stocks at least once a day.
In the event that he can not honor a Purchase Order, the Creator is obliged to inform the Client by Private Message and KYMEE to the email address firstname.lastname@example.org within a maximum of 24 (twenty-four) hours beginning to run from the date of the Order.
In the event that this deadline is not respected, the penalties provided for in article 11 of the GCU would be applicable.
Extensive natural disaster or severe weather events in the place of shipment or the destination;
Significant loss in the Creator’s workspace that directly affects the ability to securely produce or ship the ordered Products;
Any other situation that the law or case law then applicable would define as being a case of force majeure for the Creator.
ARTICLE 11 – EXCLUSION OF LIABILITY OF KYMEE
The Creator is solely responsible for all communications and interactions with other Users of the Site, the Application or the Services and with other persons with whom it communicates or is in contact while using the Site, the Application or Services.
The Creator understands that KYMEE will not attempt to verify the statements of Users on the Site, the Application or the Services.
KYMEE makes no representations or warranties regarding the behavior of Users of the Site, the Application or Services or their compatibility with current or future Users of the Site, Application or Services.
The Creator agrees to take reasonable precautions when communicating or when in contact with other Users of the Site, the Application or the Services and with any person with whom it communicates or has contacts within the framework of the use of the Site, the Application or the Services, more specifically in the event that Users decide to meet offline or in person, whether or not this meeting is organized by KYMEE.
KYMEE expressly excludes any liability for any act or omission on the part of any User of the Site, the Application and the Services or other Third Parties.
ARTICLE 12 -RESILIATION
At any time, the Creator has the right to unsubscribe from the Site, the Application and the Services at no additional cost.
The Creator may terminate his Account by sending an email to the address email@example.com.
The unsubscription of the Creator terminates the contract binding it to KYMEE. The Creator will no longer have his Personal Account or his Creator Shop. The Creator will be required to honor the Orders placed already at the date of its unsubscription.
ARTICLE 13 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE AND SERVICES
These General Conditions of Sale may be modified at any time by KYMEE, unilaterally and without notice.
The General Conditions of Sale applicable to the Creator are those in force on the day of any Ordering for his benefit, any new Ordering taking acceptance, if applicable, of the new General Conditions of Sale applicable on the day of this new Ordering.
Any modification of the GTC is the subject of information to the Creator from the Site and, where applicable, the Application.
ARTICLE 14 – ADVERTISING
KYMEE reserves the right to mention its performance for the Creator as a reference in the strict framework of its commercial prospecting, external communication and advertising. Any reservation to KYMEE’s advertising rights must be notified and negotiated before the creation of the Creator Shop by the Creator and mentioned in a written document dated and signed by the Parties.
ARTICLE 15 – PARTIAL NULLITY
The possible cancellation of one or more clauses of the present contract by a court decision or by mutual agreement between the Parties can not affect its other stipulations which will continue to produce their full and complete effect as long as the general economy of the contract can be saved.
ARTICLE 16 – LANGUAGE
By express agreement between the Parties, these General Conditions of Sale are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 – APPLICABLE LAW
These Terms are governed by French law.
ARTICLE 18 – COMPETENT JURISDICTION
All disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its resolution, their consequences and their consequences will be submitted to the competent court under the conditions of ordinary law.