Terms and conditions
These general terms and conditions of sale (hereinafter the “GTC”) govern the contractual relationship between John Kaspy, a company registered under number 82138962400015, whose registered office is located at 251 Route Martel de Janville, 74190 PASSY – FRANCE (hereinafter referred to as “the Seller”) and any natural or legal person making a purchase on the website johnkaspy.com (hereinafter referred to as “the Buyer”).
ARTICLE 1-OBJECT
These GTC aim to define the conditions under which the Seller sells and delivers the products offered for sale on its website to the Buyer.
ARTICLE 2-PRODUCTS
The products offered for sale are art photos, available in different formats and media, as specified on the Seller’s website. The photographs are presented with the greatest possible accuracy; however, variations may exist, particularly due to the Buyer’s display settings (screen resolution, brightness, etc.).
ARTICLE 3-PRICE
The prices of the products are indicated in euros all taxes included (VAT) and do not include delivery charges, which will be specified when ordering. The Seller reserves the right to modify its prices at any time, while guaranteeing the Buyer the application of the price in force at the time of order validation.
ARTICLE 4-ORDER
The Buyer places an order on the Seller’s website by following the online ordering process. The order is firm and final upon validation of payment by the Buyer. The Seller reserves the right to refuse any order for legitimate reasons, particularly in the case of abnormally large quantities or disputes with the Buyer.
ARTICLE 5-PAYMENT
Payment for the order is made by credit card or any other means of payment accepted by the Seller’s website. The Buyer guarantees that they have the necessary authorizations to use the chosen method of payment. In case of payment by credit card, the Buyer’s banking details are encrypted and secured by the online payment system.
ARTICLE 6-DELIVERY
The products are delivered to the address indicated by the Buyer during their order, within a period specified during the order. Delivery times are given for information purposes only and may vary depending on the place of delivery and the availability of the products. In case of delivery delay, the Buyer will be informed by email and may exercise their right to cancel the order under the conditions provided for in Article 7 of these GTC.
ARTICLE 7-RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Buyer has a period of fourteen (14) days from receipt of the products to exercise their right of withdrawal, without having to justify reasons or pay penalties, except for return costs, which remain at their expense. To exercise this right, the Buyer must notify their decision to withdraw to the Seller by email at contact@johnkaspy.com and return the products in their original packaging, complete and in perfect condition, to the following address: 251 ROUTE MARTEL DE JANVILLE, 74190 PASSY, FRANCE.
ARTICLE 8-WARRANTIES
The products sold benefit from the legal guarantee of conformity and the guarantee against hidden defects, under the conditions provided by law. For any claim or request for information, the Buyer can contact the Seller’s customer service at the coordinates indicated on the website.
ARTICLE 9-LIABILITY
The Seller’s liability cannot be engaged in the event of non-performance or improper performance of the contract due, either to the Buyer’s fault, or to an insurmountable and unforeseeable third party to the contract, or to a case of force majeure.
ARTICLE 10-PERSONAL DATA
The personal data collected from the Buyer are necessary for the processing of their order and the management of the commercial relationship. They may be communicated to the Seller’s partners responsible for the execution, processing, management, and payment of orders. In accordance with the “Informatique et Libertés” law of January 6, 1978, as amended, and the General Data Protection Regulation (GDPR), the Buyer has a right of access, rectification, opposition, and deletion of the data concerning them, which they can exercise by contacting the Seller’s customer service.
ARTICLE 11-APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC are subject to French law. In the event of a dispute between the Seller and the Buyer, they undertake to seek an amicable solution. Failing that, the competent courts shall be those of the defendant’s domicile or, at the option of the plaintiff, the place of effective delivery of the product.
ARTICLE 12-MODIFICATION OF THE GTC
The Seller reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date of the Buyer’s order.