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.