GENERAL CONDITIONS OF SALE AND OF UTILIZATION
ARTICLE 1. SCOPE
The general conditions of sale detailed below (hereafter designated "General Conditions"), govern the contractual relations between each user of the site Yellowkorner.com (hereafter designated the "User" or "You") and the commercial brand YellowKorner belong to the corporation YKF S.A au capital de 50 000 EUROS, whose siege is located at 8, rue des Francs Bourgeois - 75003 Paris FRANCE and registered at the register of commerce and corporations of Paris under the number 489 809 186 (hereafter designated "YellowKorner").
These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written. YellowKorner can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site Yellowkorner.com (hereafter designated" Site "). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions.
It is specified that the present conditions govern the sales of the photographs and frames of YellowKorner on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor for the sales in YellowKorner galleries (hereafter designated the " Galleries ") or in the companies which distribute the photographs of YellowKorner.
ARTICLE 2. UTILIZATION OF SITE
To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site.
YellowKorner reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order.
The Site is available in the French, English, and German languages. The language of the Site is in function of the language of Your internet navigator. If the language of your internet navigator is not one of the 3 languages above, the language of the Site will be English. You can modify the choice of the language on the homepage of the Site.
1) Essential characteristics of the products
The products sold on the Site are art photographs numbered and in limited edition, and frames and YellowKorner gift certificates.
The photographs are offered in one or several formats and mountings, according to the agreements made between the photographer or his or her representatives and YellowKorner. The photographs are accompanied by a biography of the artist and a certificate of authenticity in English.
Only one gift certificate is accepted per order. The gift certificate cannot serve for different orders : it must be used only once. Any remaining balance cannot be recovered. The gift certificates are non exchangeable and non reimbursable.
The prices are indicated excluding taxes and shipping fees.
The currency in which the prices are indicated varies according to the country of consultation of the Site : Euros for the countries in the euro zone, USD for the USA, Euros for other countries.
In the case of a delivery to a country other than the USA, you are the importer of the work or works concerned. For all the works expedited to destinations outside of the USA, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded.
These duties and sums do not result from the jurisdiction of YellowKorner. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities.
YellowKorner reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability.
The works rest the property of YellowKorner until the complete payment of the indicated prices
2) To effect an order
To effect an order, You should at the minimum pass through the following steps:
• Consultation of the information page presenting the photograph. On this screen You can choose the format and the support among those offer for this photograph. The state of stock is indicated (in stock / available in a few days / in preorder available for 1 month / out of stock). You must click on « Add to shopping cart» in order to add this article to your shopping cart.
• Screen « Shopping cart» you have the possibility to delete an article or to modify the quantities ordered.
• Screens of identification or of the creation of a client account
• Screen of the choice of the mode of delivery. On this screen a link is offered to you to modify the articles of your order.
• Screen of summary and choice of payment. This screen allows you to choose your mode of payment and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order.
• You must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « general conditions of sale ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order.
• You pay for your order by the method of payment chosen
• The contract is concluded upon the confirmation of the payment by the bank.
• The Site sends you a confirmation of your order by email in the minutes that follow.
3) Methods of payment
Several modes of payment are offered to you to pay for your order on the Site :
• Credit Card, Visa and Mastercard.
• Bank Transfer
4) Security of payments
For the payments by credit card, the transaction is effected by Cybermut, the system of payment of Crédit Mutuel, on the site of Crédit Mutuel.
The bank information of the User is encrypted (SSL technology, Secure Socket Layer). It does not circulate freely on the Internet and cannot be intercepted.
Your bank information (number of card, expiration date….) is not communicated to YellowKorner.
The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients.
The information registered by the system of payment Cybermut of Crédit Mutuel constitutes the proof of financial transactions.
Processing of orders
Orders effected before 11 AM (GMT+1h), from Monday to Friday, outside of holidays, are expedited the same evening (for photographs indicated « in stock »). In other cases, the orders are expedited on the evening of the following workday. The entirety of the works ordered is sent in one single order.
The works noted « available under X days» will be expedited in an average of X days.
The works noted « out of print» can no longer be ordered.
YellowKorner delivers in the USA. Delivery to another country : on request
The delivery will be effected to the shipping address that you will validate at the moment of the order as being the « shipping address», this address being able to be different from the « billing address». Change of shipping address after the effectuation of the order is not often possible for logical reasons. You can always contact us, if you wish to change the shipping address, we will study the possibilities in function of your order.
Modes of deliver and transit times
The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. YellowKorner reserves for itself the right of the choice of the transporter.
The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery.
The delivery of items « in stock » will be effected in the indicative transit times mentioned, and at the latest 15 days following the ordering, except in the case of a force majeure.
The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.
The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered. The details of the shipping fees are available at the following link.
Import fees outside the European Union
Items for shipment to countries outside of the European Union may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. With respect to each item for which Import Fees have been calculated, you authorize YellowKorner to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item. You further agree that the Designated Carriers may disclose to YellowKorner the amount of actual Import Fees levied on the item you have purchased from YellowKorner. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
Reception of the delivery
At the time of reception of your order, it is your responsibility to:
- Ensure that if the packaging is damaged you refuse the package or note your reservations on the delivery slip prior to signing it
- Open the package to check the state of the photographs or frames. In the event of a problem, please contact our customer service department within 24 hours, with photographic proof of the incident.
No complaint will be admissible if the delivery slip was signed without making note of your doubts or reservations.
If you do not personally receive the package, ask the person in charge of receiving the package to verify it.
Order Form: When you receive your order, it is your responsibility to verify the state of the packaging as well as the item(s) and to note any reservations you may have on the delivery slip, or simply sign it in the absence of any reservations. In the event of a problem, please contact our customer service department immediately.
7) Right of revocation
In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you. This right is not applied to gift certificates or orders made by companies.
For all orders on the Site, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact our customer service that will indicate to you the return address and then you will dispose of a period of 10 days to return to us your order.
No "shipment for reimbursement" will be accepted, for any reason.
Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted.
YellowKorner will reimburse You the price of the photographs as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 15 days following the reception of the order by YellowKorner, by credit in the bank account having served for payment, by check or by gift certificate, according to the mode of payment used at the time of the order.
8) Right to return
In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact our customer service which will indicate to you the return address and the procedures of return. Print the Customer Return Authorisation
YellowKorner will effect the exchange of the damaged article, within the limitation that the stock is available. In the case that an article is no longer available, YellowKorner will offer you another article of an equivalent sum. In the case of the exercise of the right to return, and only in this case, the shipping fees of the return and of the new shipment will be assumed by YellowKorner.
9) Customer service and claims
For any information or question, you can contact our customer service by email. We will be very happy to give all the information that you wish about our works and your order.
ARTICLE 3. FORCE MAJEURE
In application with the article 1148 of the Code Civil, YellowKorner will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.
ARTICLE 4. PROTECTION OF PERSONNAL INFORMATION
Pursuant to the amended French act n° 78-17 of 6 January 1978, pertaining to information technology, data files and civil liberties, to the European regulations on protection 2016/679 pertaining to the protection of natural persons with respect to the treatment of data of a personal nature and the free circulation of said data, YellowKorner.com informs the User of its commitment to compliance with the confidentiality, integrity, and security of the data that the user communicates to us through use of the Website.
Any data of a personal nature identifying you directly (notably your surname, first name, postal address, email address, telephone number) or indirectly (notably the computer records left by your navigation on the Website) will be considered confidential data and treated as such, subject to the evolution of the legal framework as to the qualification of data of a personal nature.
4.1. Treatment of Data Concerning the Services
The subscription, access and/or use of certain Services involve the processing of personal data, which you hereby accept. The director for the processing of users’ personal data is contained in section 1.1 of these general terms and conditions of use.
In charge of this treatment, YellowKorner, whose head office is located at 8 rue des Francs Bourgeois 75003 Paris, is aware of the trust that you have accorded us by confiding your personal information for the use of its services. YellowKorner believes the confidentiality and security of your personal information to be of the utmost importance.
YellowKorner thus agrees to respect the present confidentiality policy that you tacitly accept by using its services.
4.1.2 Declaration of the Treatment of Nominative Information
The automatic treatment of nominative informative was declared to the Commission Nationale de l'Informatique et des Libertés under number 1280165.
According to your choices when creating or modifying your account, you may receive offers from our company and our partners. If you do not wish to, you may modify these choices in your Customer Account on the Website or by writing to us at the address below.
Pursuant to the Loi Informatique et Libertés [Information Technology, Data Files And Civil Liberties Act] of 6 January 1978, you have a right of access, modification, rectification, and deletion of your personal data. You may exercise this right by writing to us at the following address: YKF, Service Client, 84 rue Beaubourg, 75 003 Paris – France.
You may also consult or modify your personal data in your customer account on yellowKorner.com.
4.1.3 Nature and Purpose of the Personal Data
By using our portal or our services, the User communicates to YellowKorner information or data, some of which are of a nature to directly or indirectly identify the User.
The data collected comes from the voluntary supply of their information by users wishing to access or use a Service requiring such processing, from the digital traces left by their navigation on the Website, or from the transmission by one of the partners to the other partner of the data thus collected.
This data may be used for the purposes of managing operations performed on the Website and commercial actions by YellowKorner.com.
This data is also used:
• For the creation and management of users’ accounts;
• For the provision of YellowKorner services;
• For follow-up with users;
• To communicate requests for information emitted by the User to the freight carriers;
The User’s personal data collected by YellowKorner may be their:
• First and last names
• Email address
• Telephone number
• Postal address
• Internet Protocol (IP) address
• Username and password
• A copy of the exchanges between YellowKorner and the User
• Information relative to the User’s navigation and activity
• Information relative to the User’s geolocation
Monitoring Tools and Applications
YellowKorner uses the following tools:
• Facebook Analytics: (Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) tool for traffic analysis and actions undertaken on the Website;
• Google Analytics: (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) monitoring and quantitative and qualitative analysis of traffic;
• Smart Focus (34/36, Avenue de Friedland - 75008 Paris – France) tool for sending out newsletters
• Zendesk (Zendesk, Inc., 1019 Market St, San Francisco, CA 94103, USA) tool for the management of customer contacts
• Ingenico Ogone (Ingenico Group S.A., 28/32 boulevard de Grenelle, 75015 Paris, France): tool for managing bank payments
• Paypal (PayPal (Europe) S.a.r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), L-2449 Luxembourg): tool for managing Paypal payments
You accept that these be used and/or communicated according to the terms and conditions herein specified.
If you contact us by telephone, the conversations may be heard and recorded for the purposes of security and training. These recordings will be conserved for a 6-month period.
Targeted Advertising, Emails and SMS
With your consent, when required, YellowKorner may use the data that you provide for the purposes of commercial prospection (for instance, to address newsletters to you, send you invitations to our events, or any other communication likely to be of interest to you, and present targeted advertising on social networks or third-party websites).
Concerning promotional emails or newsletters: you many withdraw your consent to receive these at any time by clicking on the Unsubscribe link provided in each of our mailings or by contacting us as per the terms and conditions provided in section 4.3 below.
As for targeted advertising: on social networks (for instance Facebook, LinkedIn) you may oppose this processing at any time by configuring the parameters relative to the advertising of your account;
On third-party websites: you may refer to section 4.4 below to understand how to withdraw your consent.
4.1.4 Legal Basis of the Processing
Pursuant to section 6.1 of the Règlement Général sur la Protection des Données et des CGU that the User has accepted, s/he is informed that the various data processing operations are required for the performance and fulfilment of the contractual obligations arising from the services offered by the company.
4.1.5 Duration of the Conservation of Data
Personal data is deleted or archived five years after your last use of our portal or our services.
This data may also be conserved for an additional 10-year period in the archival database, with restricted access, in order to respect the legal and statutory obligations incumbent on YellowKorner.
4.1.6 Recipients of the Data
YellowKorner is also likely to share information pertaining to you, notably personal data, with YellowKorner’s freight carrier partners within the framework herein provided.
YellowKorner only shares your data with the third parties mentioned in the present section in the following cases:
• When we call on a service provider within the framework of the performance of any agreement signed between you and us or in order to provide or improve our services;
• When YellowKorner has the legal obligation to do so or if YellowKorner believes in good faith that it is necessary to respond to any claim made against it, comply with any legal request, or in order to guarantee the rights, assets, and security of YellowKorner, its members and, broadly, any third party.
In the event that YellowKorner sells or acquires a company or its assets, in which case it reserves the right to share your personal data with the potential vendor or purchaser of said company or assets.
Pursuant to the applicable legislation and with your consent as required, YellowKorner may aggregate personal data that YellowKorner has received, notably all or part of your personal data and the information collected via cookies. This aggregate data shall only be used for the outcomes described above.
4.2 Transfer of Data
As a general rule, YellowKorner conserves personal data within the European Union.
Nevertheless, insofar as, for instance, some of our Service Providers are located in countries outside of the European Union (“Third Countries”), YellowKorner transfers certain personal data to Third Countries. They may notably be transferred to Third Countries for which the European Commission has not ruled on “adequate protection”. In this event, YellowKorner shall ensure that this transfer is performed in compliance with the relevant regulations and guarantees a sufficient level of protection for the private life and fundamental rights of the persons concerned (notably via the standard contractual clauses of the European Commission).
4.3 User’s Rights
• a right of access: the right to receive a copy of your personal data held by us;
• a right of erasure or right of deletion: the right to erase your personal data held by YellowKorner (except when the law imposes the preservation of said data or when YellowKorner has legitimate grounds to do so);
• a right of rectification: the right to modify personal data held by YellowKorner that concern you that are erroneous or obsolete;
• a right of opposition: at any time, you may oppose, for reasons due to your particular situation, the processing of your personal data for the purposes of direct marketing, except where legitimate and compelling grounds apply for the processing that prevail over the interests, rights, and freedoms of the person concerned, or for the observation, exercise, or defence of rights before the courts;
• a right of limitation: you have the right to limit the processing of your personal data in the following cases:
o if you exercise your right of rectification, the limitation of processing may be requested any time within the period allowing YellowKorner to verify their accuracy;
o if you exercise your right of opposition, during the verification period concerning the aspect of knowing whether the legitimate grounds that YellowKorner is pursuing prevail over yours;
o should illegal processing of your personal data be undertaken, you may require a limitation of their use rather than deletion;
o for personal data for the purposes of processing having to be deleted, but that are still required for the observation, exercise, or defence of rights before the courts;
• a right of transfer: you have the right to receive the personal data that you provided to YellowKorner or that were generated by your activity or that were observed. These must be communicated in a structured format, routinely used and readable by the device. This right also includes the right to transfer said data to another data manager.
Finally, you have the right to define directives relative to the fate of your personal data after your death.
The user may exercise these rights by contacting YellowKorner at this address: contact@YellowKorner.com by attaching proof of identity and by mentioning their first names, surname, and email address.
In the event of a dispute between YellowKorner and the User concerning data processing, the user may address their complaint to YellowKorner.
If no satisfying solution for the user is found by the company or if the dispute persists, the user shall have the possibility of presenting a complaint to the Commission Nationale de l’Informatique et des Libertés or the supervisory authority of the European Union Member State where the user habitually resides.
For any questions pertaining to this confidentiality policy or for any request relative to your personal data, you may contact us by writing to the following address: YellowKorner, Délégué à la protection des données, 84 Rue Beaubourg 75003 Paris.
4.4 Technical Data Processing - Cookies
YellowKorner also performs automatic recording of certain technical data.
During consultation of the Website, the technical data likely to be recorded, through the access or use of the Website are the user’s Internet Protocol (IP) address and the information relative to the user’s configuration (type of machine, browser, etc.) and navigation (date, time, pages consulted, any error notices, etc.).
The latter set of data may be stored, via your browsing software, in short textual files (cookies), subject to your choices, in a dedicated space on the disk. YellowKorner.com and/or its partners process this technical data in a completely anonymous manner, connecting them to no information allowing the user to be identified, and it does not and/or they do not transfer them to third parties.
Each cookie is attributed an anonymous identifier. The cookie file enables its emitter to identify the device in which it is recorded during the period of validity or recording of the cookie in question.
Cookies, depending on their category, are used for the following outcomes:
An initial category of cookies involves those that are strictly necessary in order to use the Website. They are indispensable for navigating on the Website and enjoying all of its functions (compatibility with the user’s operating system, display, etc.). They allow certain functions of the Website to be adapted and presented to your browser and hardware. They are essentially technical cookies that do not identify you as an individual.
Another category of cookies concerns those that enable the measurement of performance. These cookies allow statistics on usage and traffic volumes of the various services of the Website to be established. They aim to enable YellowKorner.com to improve users’ comfort. These cookies do not identify you as an individual.
These two categories of cookies are only used for the purposes of establishing statistics of use, prevention of errors, prevention of violations and piracy of the website, or improvement of the Website’s conditions of use or access.
A third category of cookies concerns functionality. They will help to simplify your navigation. They allow some of your choices to be recorded (language, username, country, information pertaining to a previously entered form, etc.).
Some audience measurement cookies will allow YellowKorner to measure the visits of certain spaces dedicated to their partners and analyse these visits, notably:
• Google Analytics: (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in order to analyse the traffic and actions performed on the Website;
• Facebook: (Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in order to analyse traffic and actions performed on the Website;
• Google Adwords (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in order to analyse the traffic and actions performed on the Website;
• Vimeo (Vimeo, Inc. 555 West 18th Street New York, New York 10011, USA): tool for monitoring and analysis of the videos proposed on the website
One last category of cookies is derived from social networks: these cookies, emanating from third parties, enable the user to share the content of the Website with other people. This is the case for instance with the application buttons “Share” or “Like” from social networks such as “Facebook”, “Twitter”, or “LinkedIn”).
We draw your attention to the identification that such a button enables. The social network that provides this kind of application button is likely to identity you through this button, even if you have not clicked on it during your consultation of the Website. Some cookies effectively allow the social network in question to follow your navigation on the Website, as soon as your account with this social network is activated on your device during your navigation on the Website.
YellowKorner.com has no control over the process used by the social networks to collect information pertaining to your navigation on the Website.
We therefore advise you to disconnect from these social networks prior to browsing on the Website or its Applications, if you do not want the social networks to collect your personal information while you are browsing the Website. YellowKorner.com also invites you to consult the personal data protection policies of these social networks. They will enable you to exercise certain confidentiality choices via these social networks, notably through the settings of your user accounts for each of these networks.
Finally, one last category of cookies concerns advertising. These are targeted advertising cookies.
These cookies allow targeted advertising content to be presented to the user in relation to his or her interests. These cookies are applied by YellowKorner.com’s partners.
YellowKorner.com does not manage its partners’ cookies and has strictly no control over these cookies.
Warning: YellowKorner.com may present advertising on the Website or links to other third-party sites that may collect your personal data when you click on the links in question. These Terms and Conditions do not concern the visit to third-party websites, YellowKorner.com cannot be held responsible for their policy regarding personal data and its use.
Notwithstanding the above, YellowKorner.com and/or its partners may nevertheless be obliged to use this information in cooperation with the user’s Internet access provider to identify the user for the purposes of satisfying all or part of these general terms and conditions or additional contractual conditions or at the request of the relevant legal or administrative authorities.
How Do You Exercise Your Rights?
We inform you that, at any time, you may set your browser to modify your choices with respect to cookies. Web browser settings are an efficient and free way of determining, in advance, how you handle cookies. You may decide: