Terms and Conditions of Use
Effective as of: 14/01/2019
The website www.kazoart.com (hereinafter: the « Site ») allows art enthusiasts (hereinafter: the « Users ») to discover and acquire works of art (hereinafter: the « Works ») directly from the artists who created them (hereinafter: the « Artists »).
The purpose of these general conditions is to outline the terms and conditions for online sales offered on the Site and define the rights and obligations of parties involved. They also govern the services offered to Users other than online sales (hereinafter referred to as the « Services »)
They are accessible and may be printed at any time using the link at the bottom of every page of the Site.
Specific conditions of use may be applicable to certain Services, in addition to these general conditions and, in the event of contradiction, prevail over them.
2. Site Operator – contact
The Site is operated by KAZoART, a company registered with the Bordeaux Trade and Companies Registry under number 809 608 987, whose registered head office is located at 55 rue du Petit Parc 33200 Bordeaux, France (hereinafter: « KAZoART »).
KAZoART can be contacted at the following address, in particular for claims:
Postal address: La Coursive – 2 Place de la Bourse 33000 Bordeaux – France
Telephone: +44 (0)33 0684 5205
3. Access to the Site and Services – Delivery Areas
3.1 Legal capacity
The Site and Services are accessible:
– To any natural person aged 18 or older having full legal capacity to agree to the present general terms and conditions. Any natural person who does not have full legal capacity can only access the Site and Services with the consent of their legal representative.
– Any legal person acting through the intermediary of a natural person having legal capacity to enter into contracts in the name and on behalf of the legal person.
3.2 Delivery areas
The Works are offered for sale and can be delivered worldwide.
4. Acceptance of the general terms and conditions
Upon confirmation of an order, Users are obliged to accept these general terms and conditions. Acceptance must be full and complete. Any membership that is subject to certain conditions is considered null and void. Users who do not agree to be bound by these terms and conditions may not access the Site or use the Services.
5. Registration on the Site
Registration as a User requires the completion of the form provided for this purpose on the Site. The User must provide all the information marked as mandatory. Any incomplete registration will not be approved.
Registration automatically opens an account in the User’s name (hereinafter: the « Account »), giving him/her access to their personal settings that allows him/her to place orders and manage his/her use of the Services on the Site (hereinafter: the « Personal Settings »)
KAZoART may also ask the User to provide additional documents or information necessary for processing sales and/or Services. The User undertakes to provide these documents and information as soon as possible.
The User guarantees that all the information he/she provides to KAZoART is accurate, up to date and in no way misleading.
The User undertakes to update this information in their Personal Settings in the event of any changes, ensuring that it always corresponds to the above-mentioned criteria.
The User is aware that information entered for the purpose of creating or updating an Account is proof of his/her identity. The information entered by the User is binding as soon as it is validated.
The User can access their Personal Settings at any time after identifying himself/herself using a login ID and password. He/she is solely responsible for maintaining the confidentiality of his/her username and password. Any access to the Site using the latter is deemed to have been made by the User. KAZoART must immediately be contacted using the contact details mentioned in article 2 if the Account has been used by any person other than the User and without his/her permission. The User acknowledges that KAZoART has the right to take all appropriate measures if such is the case.
6. Implementation of online sales
The Site allows Artists and Users to be put in contact with each other for the purpose of direct sale of their Works by the former to the latter, according to the methods described below. The establishment of this relationship, as well as the Services described in Article 8, are provided using the format, features and technical means that KAZoART consider to be most appropriate.
6.1 Identification of sellers and Product features
The Works are offered for sale by the Artists identified on the Site; KAZoART acts solely as an intermediary between Artists and Users (see article 13.3), assisting them with any necessary communication. Before ordering online and in accordance with the provisions of Article L111-1 of the French Consumer Code, the User may consult, on the Site, the characteristics of each Work he/she wishes to order. The reproductions and descriptions of the Works offered for sale online are as precise as possible. They only commit the Artists to what is specifically indicated.
6.2 Orders of Works by the User
The Works are offered for sale by the Artists and are subject to availability.
To place an order, the User must select the Works of his/her choice and place them in his/her shopping cart. Users may select Works from several Artists in the same order. However, customers are expressly informed and accept that each purchase is subject to a separate sales contract with the artist in question.
The User can check the content of his/her shopping cart at any time as long as the order has not been definitively validated and if there are any errors, the Order can be corrected. The shopping cart summary indicates details about delivery costs related to the order, depending on the delivery address. Once this information has been checked the order may be validated.
Once the order is finalised, the User will receive an email containing the acknowledgement of receipt of the order.
KAZoART then informs the Artist of the order and checks that the Work is still available. The Artist must reply to KAZoART within two working days. If the Artist fails to do so, the Work shall be deemed unavailable.
In the event that the Work is unavailable, KAZoART will inform the User and the order is then cancelled. The User will be refunded the price of the order as soon as possible and at the latest within 14 (fourteen) days following cancellation.
The User’s notification period regarding the availability or unavailability of the Work may be temporarily extended in the event that the Artist has informed KAZoART of his/her absence. KAZoART will then inform the User as soon as possible, by any means necessary.
If the Work is available, KAZoART will send the User an order confirmation email which constitutes the final order validation and:
(i) provides a summary of the elements of the order and the expected delivery time,
(ii) includes the general conditions applicable to the order.
The User must ensure that the contact details provided when placing an order or updating his/her Account are correct and that they enable him/her to receive emails acknowledging receipt, cancellation and/or confirmation of the order. If the latter are not received, the User must contact KAZoART at the address mentioned in article 2.
KAZoART would recommend that the User keep the information provided in the order confirmation. The order and its confirmation are deemed to have been received once the parties to whom they are addressed have gained access to them.
6.3 Prices and payment terms relating to the Works for the User
6.3.1 Sale price
The sale prices of the Works are displayed on the Site. They are indicated in either Euros, British pounds or U.S. dollars depending on the currency selected by the User. All taxes are included. The applicable prices are those displayed on the Site at the time of ordering.
The sale prices of the Works do not include any applicable delivery charges, which are invoiced in addition to the price of any purchased Works. The amount of the applicable delivery charges will be indicated before validation of the order by the User. For deliveries made within metropolitan France, the transport costs are free of charge, regardless of the amount of the order.
Warning: for deliveries to countries outside the European Union, customs duties or local taxes may be payable and invoiced upon receipt of the package by the User, in addition to the price paid on the Site. KAZoART cannot determine the exact amount of these duties in advance and therefore cannot inform the User prior to ordering; they are the responsibility of the User, who is solely liable for the proper implementation of any declarations and/or formalities relating thereto.
6.3.2 Payment terms and conditions
Unless otherwise indicated on the Site, the entire price is due at the time of the order. Payment can be made online:
– through the secure online payment services Stripe, Paypal or bank transfer proposed on the KAZoART website.
– or by any other means proposed on the Site at the time of ordering.
The User guarantees that he/she is authorised to use the chosen payment method.
KAZoART reserves the right to suspend or cancel any order and/or delivery, in the event of non-payment of any sum due by the User, in the event of a payment issue, or in the event of fraud or attempted fraud relating to the use of the Site. Penalties equal to one and a half times (1.5 times) the French legal interest rate shall automatically be applied to unpaid amounts as soon as the bank payment is rejected.
6.3.3 Retention of ownership
Each Artist retains full and complete ownership of the Works he or she has sold until their price has been received in full.
Deliveries of the Works are made to the address indicated at the time of the User’s order as « delivery address » (which may be different from the invoicing address) and within the time limit indicated in the order confirmation email.
If delivery is not made within the set deadline, the User may cancel the order, by registered letter with acknowledgement of receipt or in writing by another means addressed to KAZoART, which will then be forwarded to the Artist, if, after having instructed the Artist through a request addressed to KAZoART on the same terms to make the delivery within a reasonable additional period, the Artist has failed to fulfil the deadline.
The contract in this case will be considered terminated upon receipt by KAZoART of the letter or written notice informing them of this termination, unless the Artist has completed the Order in the meantime.
In the event of termination of the contract in accordance with the above terms, the User shall be reimbursed for all sums paid, including delivery costs, at the latest within fourteen (14) days of cancelling the contract.
KAZoART reserves the right to contact the User to propose alternative solutions for the reimbursement of the price of the Works and delivery costs. The User must explicitly confirm his/her choice of an alternative repayment method.
When the User’s order involves the Works of several Artists, given that each purchase from a given Artist constitutes a separate sales contract, termination in the event of non-delivery within the announced deadline shall be carried out according to the same procedures detailed above, Artist by Artist.
6.5 Right of withdrawal
The User has a period of 30 (thirty) calendar days from the date of reception of the Order to withdraw from the Order without having to provide justification or pay any penalties. KAZoART will cover the return shipping costs for orders shipped from France.
If the User wishes to exercise this right of withdrawal, KAZoART must be sent, to the address mentioned in Article 2 of these conditions, before the end of the above deadline, the duly completed withdrawal form attached to these general terms and conditions, or a declaration clearly expressing his/her willingness to withdraw, which indicates the Work and the Artist in question. KAZoART will forward the form or declaration as soon as possible to the Artist in question and the User will be emailed the Artist’s contact details, as well as a pre-paid shipping note, to return the Work.
The Work must be returned directly to the Artist, in its original packaging, without undue delay and within 14 (fourteen) calendar days after the User expresses his or her intention to withdraw. A copy of the corresponding purchase invoice must be sent with the Work. The User is deemed responsible if the Work is in any way damaged once returned to the Artist.
KAZoART must be informed of the receipt or non-receipt of the Work by the Artist. If KAZoART does not receive this information within 30 (thirty) calendar days of notification of the User’s intention to withdraw, the Work shall be deemed to have been returned to the Artist.
The User will be reimbursed as soon as possible for all sums relating to the order. However, KAZoART reserves the right to defer this refund until the Works have been returned to the Artist.
When the User’s order involves the Works of several Artists, given that each purchase from a given Artist constitutes a separate sales contract, right of withdrawal is applicable according to the same procedures detailed above, Artist by Artist.
In the event that a work of art is commissioned by the Client, the Client’s signature upon delivery constitutes a waiver of the right to withdrawal.
6.6 Legal guarantees
The Artists undertake to respect and implement the legal guarantees all the Users benefit from, namely the guarantee of non-conformity, as well as for hidden defects of items sold, including defects resulting from the packaging of the Works.
If the User notices that the Work delivered has a defect, is non-conforming to its description or damaged, KAZoART must be informed using the address mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage and any useful proof, in particular, photograph(s). KAZoART will inform the Artist in question as soon as possible and will email the User the Artist’s contact details in order to return the Work.
KAZoART will organise with a carrier the terms of the return, and will inform the User and the Artist of the applicable terms by any necessary means. The Artist must bear the cost of any delivery charges incurred.
The Work must be returned to the Artist in its original packaging. A copy of the corresponding purchase invoice must be sent with the Work.
If the return process does not comply with the terms described above, the returned Works cannot be accepted.
The Artist shall carry out the necessary checks and offer to restore or replace the Work when possible. If it is impossible to restore or replace the Work, the User will be refunded the full price paid for the Work and any corresponding delivery costs, by any appropriate means, as soon as possible and at the latest within 14 (fourteen) calendar days, following the date the Artist informed the User and KAZoART of the impossibility of restoring or replacing the Work.
It is to be noted that, when acting as a legal guarantee of conformity, any consumer:
– may act within a two-year period after the goods have been delivered;
– may choose between repairing or replacing the goods, subject to the conditions stipulated in Article L217-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the goods’ lack of conformity during the 24 months following delivery.
It is also reiterated that the legal guarantee of conformity applies regardless of any commercial guarantee that may have been issued.
All consumers are free to implement the legal guarantee on latent defects of items sold in accordance with Article 1641 of the French Civil Code. In this case, the consumer may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
When the User’s order involves the Works of several Artists, given that each purchase from a given Artist constitutes a separate sales contract, the legal guarantees are applicable according to the same procedures detailed above, Artist by Artist.
7. Services for the benefit of Users
Regardless of the possibility of purchasing Works according to the terms described in this document, Users can benefit from the following Services:
– They can subscribe to the KAZoART newsletter,
– They can follow Artists and select Works from their « wishlist »,
– They may use the live chat service to contact KAZoART customer services.
KAZoART reserves the right to offer any other Service it deems useful, in any format and according to the technical features and resources the company considers most appropriate.
8. Services provided free of charge
KAZoART Services are provided to Users free of charge for the benefit of the Artists, since Users only have to pay the price of the Works and the delivery costs.
9. User obligations
Without prejudice to the other obligations stipulated in the present terms and conditions, Users undertake to comply with the following obligations.
When the User is a business, he/she is solely responsible for the implementation of the resale right if he/she decides to resell the Work at a later date.
The User is solely responsible for the accuracy, completeness and relevance of the information he/she provides to KAZoART for the purpose of carrying out the Services, in particular his/her contact details.
When the User has the possibility to publish content of any kind (editorial, graphic, audio, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the Site, hereinafter referred to together as the « Content ») as part of the Services, the User is solely liable for the Content.
The User must ensure KAZoART that he/she has all the rights and authorisations necessary to publish this Content.
The User undertakes to ensure that such Content is lawful, does not infringe upon public order, morality or the rights of third parties, does not infringe on any legislative or regulatory provision and, more generally, will in no way bring KAZoART into civil or criminal liability.
The User agrees not to distribute, in particular and but not exclusively, the following:
– Content that is pornographic, obscene, indecent, offensive, unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– Content that infringes or constitutes a plagiarism of already existing Works,
– Content that may be harmful to the image of a third party,
– Content that is false, misleading or that provides or promotes illegal, fraudulent or deceptive activities,
– Content harmful to third parties’ computer systems (such as viruses, worms, Trojan horses, etc.),
– and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.
The User undertakes to make strictly personal use of the Site and Services and therefore refrains from assigning, conceding or transferring all or part of his/her rights or obligations under the present contract to a third party, in any manner whatsoever.
The User must take the necessary measures to safeguard, by his/her own means, any information in his/her Personal Settings that he/she deems to be necessary. The Site will not provide a copy of such information at a later date.
10. Prohibited behaviour
It is strictly prohibited to use the Services for the following purposes:
– any illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
– any breach of public order or violation of laws and regulations in force,
– any intrusion into a third party’s computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violating its integrity or security.
– sending unsolicited emails and/or commercial prospecting or solicitation,
– any operations intended to improve the referencing of a third party site,
– any use of the Site to disseminate information or links redirecting to a third-party site, assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
and on a broader level, any other practice that may misuse the Services for any purposes other than those for which they were intended.
Users are strictly prohibited from copying and/or misusing the concept, technologies or any other element of the KAZoART Website for their own purposes or those of third parties.
The following is also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into KAZoART’s systems, (iii) any diversion of the Site’s system resources, (iv) any actions likely to impose a disproportionate burden on the Site’s infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to affect the financial, commercial or moral rights and interests of KAZoART or users of its Site, and lastly, more generally (vii) any breach of these general terms and conditions.
It is strictly forbidden to exchange, sell or grant full or partial access to the Services or the Site, as well as the information hosted and/or shared on the Site.
11. Penalties for non-compliance
If a User fails to comply with any of the provisions of these general terms and conditions or any laws and regulations in force, KAZoART reserves the right to take the appropriate actions and in particular:
(i) suspend access to the Site and Services of the User, who committed or participated in the breach or infringement,
(ii) delete his/her Account,
(iii) delete any Content posted on the Site,
(iv) publish on the Site any information that KAZoART deems useful,
(v) notify any relevant authority,
(vi) pursue any legal action.
12. Liability and warranty on behalf of KAZoART
KAZoART undertakes to provide the Services diligently and in accordance with the most recent, best practices. It is specified that KAZoART is under an obligation of means, with the exception of any performance obligations and the Users expressly acknowledge and accept this.
Other than the Works and presentations of the Artist published on his/her Profile, KAZoART is not aware of any Content that may be posted online by Artists or Users as part of the Services, and therefore, KAZoART does not exercise any moderation, selection, verification or control of any kind and only acts as a hosting provider.
Consequently, KAZoART cannot be held liable for the Content, the authors of which are third parties, and any possible claim shall be directed in the first instance to the author of the Content in question. Content harmful to a third party may be reported to KAZoART in accordance with the procedures provided for in article 6 I 5 of French law n° 2004-575 of 21 June 2004 on Confidence in the Digital Economy. KAZoART reserves the right to take the measures described in article 12.
KAZoART acts as an intermediary in that it provides Artists and Users with the necessary tools and technical means to enter into a relationship for the purpose of buying and/or selling Works through the Site. KAZoART acts in its own name and shall not take any legal action in the name and on behalf of the Artists or Users, who enter into direct contracts with each other.
KAZoART is not bound by contracts concluded between the Artists and the Users and may under no circumstances be held liable for any difficulties that may arise during the conclusion or execution of these contracts, nor be a party to any disputes whatsoever between an Artist and a User concerning the guarantees, declarations and other obligations that the Artist or the User undertook to comply with.
However, in order to constantly improve the quality of the Services, KAZoART invites Users to send any comments or information they may wish to bring to the company’s attention regarding the quality of transactions carried out using the Services.
KAZoART undertakes to carry out regular checks to verify the proper functioning and accessibility of the Site. As part of these checks, KAZoART reserves the right to temporarily interrupt access to the Site for maintenance purposes.
Similarly, KAZoART cannot be held responsible for any temporary difficulties or inability to access the Site due to circumstances beyond KAZoART’s control, force majeure, or disruptions in the telecommunications networks.
In any event, KAZoART may only be held liable, under the present contract, to direct damages proven to have affected a User.
13. Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc…) that are used by KAZoART on the Site are protected by all intellectual property rights or database producers’ rights in force.
Any dismantling, decompiling, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of KAZoART, or the Artists where applicable, is strictly prohibited and may be subject to prosecution.
14. Personal Data
KAZoART reserves the right to insert on any page of the Site and in any message to Users advertising or promotional messages in a format and under conditions that shall be determined by KAZoART alone.
16. Links and Third Party sites
KAZoART cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) that the User may access via the Site.
KAZoART assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their respective terms and conditions of use.
KAZoART is also not responsible for transactions between the User and any advertiser, business or retailer (including potential partners) to whom the User may be directed through the Site and may not under any circumstances be held liable for any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and other obligations which these third parties are subject to.
17. Duration of Services and subscription cancellation
Subscription to the services is valid for an indefinite period.
The User may unsubscribe from the Site at any time, by sending a request to KAZoART by email, using the contact details outlined in Article 2.
This cancellation is effective within a maximum period of 7 (seven) days following the request. It results in the automatic removal of the User’s Account.
When the User’s subscription cancellation is caused by refusal to accept any modification of these general conditions as provided for in Article 19, the general conditions previously accepted by the User shall remain applicable until the effective date of the subscription cancellation.
KAZoART may terminate the User’s access to the Services, without having to provide any justification, by registered letter with acknowledgement of receipt, subject to a one-week period of notice.
KAZoART reserves the right to modify these general terms and conditions at any time.
Users will be informed of these changes by the appropriate means or by accessing the modified general terms and conditions of sale at the time of any order placement following the implementation of these changes.
Users who do not accept the modified general terms and conditions must unsubscribe from the Site in accordance with the terms and conditions set out in Article 18 and may no longer place any orders.
Any User who orders or uses the Services after the amended terms and conditions come into force must have accepted these modifications.
19. Language of the terms and conditions
In the event of a translation of these general terms and conditions into one or more languages, French will be used for any interpretation in the event of contradiction in terms and dispute on the meaning of any concept and provision.
20. Mediation procedure
The User has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute relating to the execution of the present terms and conditions that may oppose him/her to KAZoART, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
For this purpose, the following consumer mediator may be contacted:
Medicys, Centre de médiation et de règlement amiable des huissiers de justice (Bailiffs’ Center for mediation and amicable settlement) Postal address: 73 Boulevard de Clichy, 75009 Paris
Telephone: +33 (0)01 49 70 15 93
21. Governing law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge them, unless there are mandatory procedural rules indicating the contrary.
Annex – Withdrawal form
(Please complete and return this form only if you wish to withdraw from a contract.)
To the attention of:
KAZoART 55 rue du Petit Parc 33200 Bordeaux, France
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale below:
Seller (artist who is the author of the work):
Received on (*):
Name of the User(s):
Address of the User(s):
Signature of the User(s):
(Only if this form has been printed for a paper version)
(*) Delete as appropriate.