General conditions of sale

I – Introduction

The website kristinem-art.com is published by the company Multinuance SAS with a capital of 30,000 euros, whose head office is located at 9 Rue de Belfort, 25200 Montbéliard

Our customer service can be reached:
by mail to the above postal address
by phone at 08 84 29 60 28
by email : contact@kristinem-art.fr

All sales made on the kristinem-art.com website are subject to these general terms and conditions of sale (GTC). Multinuance reserves the right to modify these terms and conditions at any time. The version of the general terms and conditions of sale applicable to all transactions is the one appearing online on the kristinem-art.com website at the time of the order.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the website kristinem-art.com and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website kristinem-art.com

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulation or by a court decision, this partial nullity shall in no way affect the validity and compliance with these general conditions of sale.

II – The Client

The Customer declares to be a natural person, aged at least 18 years and to have the legal capacity or to hold parental authorization allowing him to place an order on the site. When registering the Customer's personal data in the "my account" section, the latter must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's contact details, the company Multinuance cannot be held responsible for the impossibility of delivering the product.

III – The Products

The products offered for sale are those described on the site. Multinuance takes the greatest care in the presentation and description of its products sold under the Kristine M brand to best satisfy the customer's information. It is possible that non-substantial errors may appear on the site, which the customer acknowledges and accepts. The photos are not contractual. In any case, in the event of non-conformity of the delivered product compared to its description on the site, the customer may either exercise his right of withdrawal or implement the guarantee of conformity of Multinuance, which will proceed, where appropriate, either to the exchange or to the reimbursement of the price (in whole or in part) possibly invoiced.

Use and maintenance

Place the work in an environment suitable for its use, avoiding sources of heat, strong doses of natural light, unusual levels of humidity, or other aggressions which could harm it over time.

The works can be cleaned with a dry cloth. The use of abrasive powders or cleaners, scouring pads, steel wool, sandpaper, etc., will damage the finish. Alkaline or acid-based cleaners, compounds, solvents, etc. will damage, scratch, corrode, and permanently discolor the products. Never use these products on the works. Avoid placing objects or any type of product on them that could mark them.

Use other than that for which each product was designed may cause defects or deterioration.

Please note that a surface treatment will tend, under the effect of natural light (UV rays), to develop a patina (change in color) over the years.

IV – Commands

Ordering on the site is subject to compliance with the procedure set up by the company Multinuance, which is embodied by a series of different steps that the customer must follow to validate their order. The customer will have the opportunity, before definitively validating their order, to check the details of the order and its total price, and to correct any errors, before confirming it to express their acceptance. Any order confirmed by the customer constitutes a sales contract and acceptance of all the provisions herein.

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email and after the Seller has received payment in full of the price and after the Seller has received payment in full of the deposit due.

For orders placed exclusively online, the registration of an order on the Service Provider's website is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.

It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the website kristinem-art.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Multinuance will refuse any order from a customer with whom there is a dispute or incident relating to the payment of a previous order or who contravenes the provisions hereof.

In this case, Multinuance will inform the customer by email. If the customer fails to correct any erroneous information or information that is contrary to these general terms and conditions of sale with Multinuance, Multinuance reserves the right not to process the order.

A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by Multinuance. To this end, the customer formally accepts the use of email for confirmation by Multinuance of the contents of his order. In any case, invoices are provided upon delivery.

V – Price

The prices of our products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

For deliveries outside French territory, the provisions of the General Tax Code relating to VAT will apply.

Products sold outside the European Union and to the French Overseas Territories are not subject to VAT and will be invoiced excluding taxes. Customs duties or other state taxes may be payable in the destination country and cannot under any circumstances be claimed from Multinuance.

These will be the responsibility of the customer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.

All orders, regardless of their origin, are payable in euros.

The shipping costs displayed on the site are given for information purposes only and are only valid for standard delivery in mainland France and depending on the delivery department. This amount may therefore change when the customer provides the address and delivery method and only the shipping costs indicated on the order summary will be taken into account for invoicing and therefore the total amount of the order including shipping costs.

The total price of the order (including all taxes and shipping costs) is shown in the shopping cart.

Multinuance reserves the right to modify its prices at any time, but products will be invoiced based on the prices in effect at the time the order is placed, subject to availability.

VI – Payment

Validating the order implies for the customer the obligation to pay the indicated price.

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

• by bank card using the secure Monetico System.

The card is debited at the time of ordering.

As indicated on the site and in the order form, the goods are subject to a retention of title until full payment.

VII – Delivery

Delivery is made to the delivery address indicated by the customer during the ordering process. Delivery costs depend on the delivery area (France, Corsica, Belgium, or Luxembourg), the total weight of your order, and the delivery method.

Delivery times will be indicated when the order is confirmed.

In order to meet these deadlines, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given for information purposes only. However, if the ordered Products have not been delivered within a period of “Time” after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of damaged packages or missing products, the customer undertakes to notify the carrier and the company Multinuance, by any means, of any reservations within 2 days of receipt of the product.

VIII – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

IX – Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the website www.veneracreation.com in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous declaration expressing the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days (at most 14 days) from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

Items personalized at the customer's request cannot benefit from the right of withdrawal, and will not be returned or exchanged: in accordance with the provisions of article L.221-28 of the Consumer Code.

X – Seller’s liability – Guarantees

The Products sold on the website kristinem-art.com comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,

• of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
• the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 8 days from delivery of the Products or the existence of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

XI – Personal data

By accepting these T&Cs, the customer expressly accepts that the personal data strictly necessary for the proper completion of the order will be collected.

The information collected by Multinuance during a customer order is necessary for the management of the transaction and for this purpose may be communicated in whole or in part to Multinuance service providers involved in the execution of the order. The customer is informed that this same personal data may also be collected by an organization responsible for analyzing orders and combating bank card fraud. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has the right to access, rectify, oppose and delete data concerning him/her.

In addition, Multinuance already complies with the principles set out in the General Data Protection Regulation (GDPR). The customer therefore has, in addition to the rights listed above, the right to data portability.

The exercise of his rights will be done by writing, by mail and providing proof of identity, to:

SAS MULTINUANCE

9 Rue de Belfort

25200 MONTBELIARD

Multinuance Company then undertakes to respond to customer requests as quickly as possible and in any event within a maximum period of one month.

This period may be extended in the event of technical requirements after written notification to the customer.

Multinuance will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.

This personal data will only be kept for the time strictly necessary for the purposes of the processing.

The computerized records of the company Multinuance will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

XII – Intellectual Property

Multinuance informs users of this site that most of the information and data contained herein are protected by legal provisions relating to intellectual property rights. Multinuance informs users that the Kristine M® brand is a registered trademark and that the photographs appearing on this site are protected by copyright. The information and data thus protected appearing on this site are the property of Multinuance.

Any representation, reproduction, use, adaptation or modification in whole or in part as well as any exploitation, even partial, of this information and data is prohibited without the authorization of the company Multinuance.

In addition, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may make it conditional on financial compensation.

Failure to comply with this prohibition may incur the civil and criminal liability of the user of this site, in particular under the provisions of Article L335-2 of the Intellectual Property Code.

XIII – Unforeseen circumstances

These General Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all operations of Sale of Products from the Seller to the Customer.

The Seller and the Customer therefore each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.

XIV – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

During this suspension, the parties agree that the costs incurred by the situation will be shared equally.

XV – Applicable law – Language

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

XVI- Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Client is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the website kristinem-art.com (MEDICYS, 73 boulevard de Clichy – 75009 PARIS – contact@medicys.fr) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

XVII – Pre-contractual information – Customer acceptance

The fact for a natural person (or legal entity) to order on the website kristinem-art.com implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX I – Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

• Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
• Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

ANNEX II – Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “Indicate the website” except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of “Seller’s Number and Street”

“Seller’s postal code”

“Seller’s City”

Order of the “Date”

Order number: …………………………………………………..

Customer Name: …………………………………………………………………

Customer Address: ……………………………………………………………..

Client's signature (only if this form is notified on paper)