General terms and conditions of sale
Article 1: Purpose
The general terms and conditions of sale described below detail the rights and obligations of the seller (hereinafter referred to as Alexandre KUBASIK) and the buyer (hereinafter referred to as the customer) in the context of the distance selling of the following goods: original works, art prints.
Article 2: Scope of application
- The present general conditions of sale concern sales made by Alexandre KUBASIK on his Internet site (www.kubasik-art.com).
- Any order placed by the customer with Alexandre KUBASIK’s boutique entails a definitive acceptance of the prices and of the present general conditions of sale, the act of purchase prevailing this agreement.
- The Customer declares that he/she is at least 18 years of age and has the legal capacity or is the holder of a parental or guardianship authorisation allowing him/her to make a purchase on the website www.kubasik-art.com.
- These conditions may be modified at any time without prior notice.
Article 3: The seller
Alexandre KUBASIK, painter – sculptor
Domicile: 37 Avenue des Templiers 60330 LAGNY-LE-SEC SIRET number: 843 165 630 00016
La Maison des Artistes number : MDA K359001 Customer service: firstname.lastname@example.org
Article 4: Prices and delivery costs
4.1 . The prices indicated on the website, by e-mail or during advertising campaigns by Alexandre KUBASIK are given without obligation and may be modified in the event of a product update.
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The prices, established net in euros (VAT not applicable: article 293B of the general tax code), are those in force at the time of the order. If, for any reason whatsoever, an erroneous price is indicated to the customer at the time of ordering, only the price displayed will prevail when the order is registered.
- The prices indicated do not include packaging costs or shipping costs for delivery in France or abroad. They will be added at the time of the order, the prices being those in force for shipments by carriers such as Fedex/TNT, DHL, UPS…
- For national or international deliveries, a fixed price for shipping is added to the amount of the order. The price of this flat rate is clearly mentioned during the customer’s order process on the site (www.kubasik-art.com)
For paintings sent outside the European Union, customs or import taxes or VAT may be payable. These duties and sums are not the responsibility of Alexandre KUBASIK. They shall be borne by the Customer and are the Customer’s entire responsibility both in terms of declarations and payments to the authorities and competent bodies of the country concerned.
Article 5: Ordering
- The order from the website is only valid for billing and delivery addresses located in the countries indicated on the order form.
- After the order has been entered, a confirmation e-mail is sent to the customer with the order number, specifications, total amount of the order, billing and delivery addresses.
- After confirmation of the order by the customer on the site (www.kubasik-art.com), the order is accepted by Alexandre KUBASIK who will validate the payment.
- In the case of payment by credit card, validation of the payment means that our banking partner has confirmed the payment.
- The dispatch of the works is only effective after acceptance of the order by Alexandre KUBASIK.
Article 6: Cancellation
Alexandre KUBASIK reserves the possibility of not registering a payment and therefore of not accepting an order for any reason whatsoever, in particular due to a supply or delivery problem foreseeable at the time of the order.
The Customer will be informed by e-mail sent to the e-mail address he/she entered when creating his/her account on the site (www.kubasik-art.com) within seven working days of the order. The non-execution or partial execution of an order will not give right to any compensation. In such a case, no payment shall be collected by Alexandre KUBASIK.
Article 7: Terms of payment
- Payment shall be made in full when the order is placed, in cash, without discount and at the net price in euros only.
Payment for orders is made by :
- by credit card via Stripe
The transaction is then managed on the server of our banking partner. You will have to indicate your card number, as well as its validity date and the last three digits of the visual cryptogram on the back of the card.
The data is encrypted and transmitted via a secure SSL protocol. Payment is instant and secure via the Stripe website, Stripe’s terms and conditions apply.
Article 8: Collection of payments
- The Customer’s bank card will be debited in euros at the time of the order.
- In the event of any payment incident whatsoever, Alexandre KUBASIK reserves the possibility of suspending current orders and refusing to honour any new order until full payment of the sums due.
Article 9: Rights to the work and intellectual property
- All elements appearing on the site are protected by copyright, trademark law and all other intellectual property rights. No reproduction and/or adaptation may be made without the authorisation of Alexandre KUBASIK.
- The photos of paintings, texts, videos, graphics, logos contained on this site are the exclusive property of the painter-sculptor Alexandre KUBASIK and constitute intellectual works protected by articles L.111-1 and following of the intellectual property code.
- You may, via your web browser, view the elements for personal and private purposes only (as defined in article L 122-5, 2° paragraph of the French Intellectual and Artistic Property Code).
- Any other use or public distribution than those expressed above is strictly forbidden, except after having obtained the prior written agreement of Alexandre KUBASIK. This prohibition concerns in particular the reproduction of all or part of the tables or the extraction of elements from the databases used and presented by the site
- Without prior written request, the public distribution of a reproduction or copy of paintings (via blogs, Facebook, or other web community platforms) is liable to legal action. The fact of quoting the name of Alexandre KUBASIK is not sufficient to give authorisation for distribution or publication.
- The website www.kubasik-art.com is only an intermediary between you and the works presented on the site. Consequently, we cannot assure you of the availability of each painting. Please contact us to request a catalogue of the paintings available for sale.
Article 10: Sanctions
The use of all or part of the site, in particular by downloading, reproduction, transmission, screen capture, representation or distribution for purposes other than for the personal and private use of the Internet user is strictly prohibited.
The violation of these provisions subjects its author to the sanctions provided for both by the Intellectual Property Code, in particular with regard to copyright infringement (Article L.335-3) and trademark rights (Article L.716-9), and by the Civil Code with regard to civil liability (Article 9, Articles 1382 et seq).
By using this site, you implicitly accept the conditions of use described on this page, without prejudice to any contractual and/or tortious remedies that may be exercised by www. kubasik-art. com. Any dispute concerning the interpretation or execution of a contractual commitment provided for in the texts of this site will be the exclusive competence of the French courts applying French law.
The links indicated on this site are given as an indication, Alexandre KUBASIK cannot therefore be held responsible for their content.
Alexandre Kubasik is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos and icons.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of : Mr Alexandre Kubasik.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
The website www.kubasik-art.com is created and directed by Xavier KAIN.
Article 11: Delivery
- Alexandre KUBASIK undertakes, in the event of acceptance of an order, to sell and send to the address indicated by the Customer, the works of his/her choice during the purchase process within a maximum period of two weeks.
- To this period must be added the delivery period of the carrier.
Packages are sent by carriers such as Fedex/TNT, UPS, DHL… Delivery times are those indicated by our carriers. Alexandre KUBASIK can in no way be held responsible for delays in delivery. Any delays in delivery do not entitle the buyer to claim damages.
11.3 Alexandre KUBASIK delivers to the delivery address indicated by the Customer when entering his/her order on the website www.kubasik-art.com. The information given by the Customer when placing the order is binding: in the event of an error in the wording of the recipient’s address, Alexandre KUBASIK may not be held responsible for the impossibility of delivering the product.
- The goods sold travel at the risk of the Customer, who is responsible for verifying the conformity and number of shipments received and, if necessary, for taking action against the carrier, particularly in the event of damage, substitution or shortage, in accordance with Articles 105 et seq. of the French Commercial Code.
- The customer must check the conformity of the goods delivered at the time of delivery and before signing the carrier’s delivery note. In the event of a dispute at the time of delivery of the package, the recipient shall express reservations to the carrier on the delivery note. This dispute must be declared by means of a letter with acknowledgement of receipt addressed to Alexandre KUBASIK, within 48 hours (working days).
11.6 In the event of non-delivery of an order or part of an order, the Customer has a maximum of three months from the date of shipment to contact Alexandre KUBASIK. Beyond this period, Alexandre KUBASIK will not accept any claim.
Article 12: Transfer of ownership
The seller retains full ownership of the products sold until full payment of the order. However, upon delivery, the risks of loss or deterioration are transferred to the buyer. Article 13: Withdrawal
Buyers, non-professional individuals, have a fourteen-day cooling-off period from the date of delivery of their order to return the product to the seller for exchange or refund without penalty, except for the cost of return.
Article 14: Guarantee
The Customer benefits from the provisions of the legal guarantee of hidden defects provided for in articles 1641 and following of the Civil Code. In the event of non- conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or reimbursement must be made by e-mail to the following address: email@example.com within thirty days of delivery.
The products sold on the www.kubasik-art.com site are not subject to any additional guarantee on the part of Alexandre KUBASIK. They will not be returned or exchanged.
Article 15: Confidentiality
15.1. Alexandre KUBASIK treats all information concerning the Customer with the strictest confidentiality. When making purchases, Alexandre KUBASIK only asks the Customer for essential information (surname, first name, address, e-mail, telephone number), and refrains from using the data communicated by the Customer for any other purpose than for quality processing and careful follow-up of the order.
Article 16: Liability
16.1 In the absence of explicit and written authorisation issued by Alexandre KUBASIK, the latter shall not incur any liability, either towards its customers or towards any third party whatsoever, with regard to the distribution of products appearing in its catalogue.
16.2. Alexandre KUBASIK shall not be held liable to compensate for direct or indirect damage, whatever its nature, resulting from the use of the products.
16.3 In the absence of explicit and written authorisation issued by Alexandre KUBASIK, the customer is forbidden to resell the products sold by Alexandre KUBASIK. Under the same conditions, he/she shall refrain from reproducing in any way whatsoever and on any medium whatsoever, particularly digital, the visuals or images sold on the Alexandre KUBASIK site.
16.4. Any order placed by a customer is for his/her personal use or for the personal use of the person on whose behalf the delivery is to be made. In the latter case, the Customer guarantees the personal acceptance of these General Terms and Conditions of Sale by the recipient of the delivery.
Article 17: Force majeure
Alexandre KUBASIK’s responsibility cannot be called into question if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure.
In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 19: Disputes
19.1. The conditions of sale are governed by French law. In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before any legal action is taken.
19.2 In the event of a dispute, the Tribunal d’instance de Senlis is the only competent court.