General Terms and Conditions of Sale (GTCS) Kobalann

1. PURPOSE

The present general conditions of sale apply to the contractual relationship established between the Customer and KOBALANN. They govern the terms and conditions of sale and the placing of an Order by the Customer with the KOBALANN company in relation to the products offered for sale from its online boutique, accessible from its merchant website www.vincentmunier.com.

Before placing an Order, the Customer is invited to read these General Terms and Conditions of Sale. Placing an Order for Products automatically implies unconditional acceptance of these GTS. These GTS may be modified from time to time, and the version applicable to the purchase made by the Customer is that in force on the date the order is placed.

The Customer declares to have been informed and to have read the present GTC and to have accepted them by ticking the appropriate box. The GTC are supplemented by KOBALANN's Privacy Policy and General Conditions of Use, which form an integral part of the stipulations governing the relationship between the Customer and KOBALANN.

2. DEFINITIONS

Terms beginning with a capital letter have the following meaning:

"GTC": refers to the general terms and conditions of sale of Products sold by KOBALANN and any documents that may supplement them;
"Customer": refers to the person who places an Order on the merchant website www.vincentmunier.com published by KOBALANN ;
"Sales Order": shall designate all Sales Orders placed by the Client to purchase Products offered for sale on the KOBALANN web site;
"Party(ies)": refers to KOBALANN and/or the Customer;
"Product" means any literary, phonographic or audiovisual product (DVD, Blu-ray), any derivative product (books, diaries, calendars, luxury limited editions, merchandising products), any digital content of any kind, whether tangible or intangible (audio downloads) offered by KOBALANN from its website, including a detailed description of its quantity, content and price;
"Vendor": refers to KOBALANN, a limited liability company with capital of €48,000, registered with the Épinal Trade and Companies Register under no. 521 477 299, whose head office is located at 1 route de Dramont, 88120, Sapois, represented by its manager, Vincent Munier.

3. PRODUCT DESCRIPTION &AMP; SPECIFICATIONS

KOBALANN attaches the utmost importance to providing authentic information online concerning the essential characteristics of the Products offered for sale on its website, in particular precise descriptions and, as far as possible, photographic illustrations.

This information is not exhaustive and is intended to inform the Customer as fully as possible about the essential characteristics of the Products (description, title, size, content, ISBN, etc.). The photographs reproducing the Products are only indicative and non-contractual.

KOBALANN cannot guarantee that the Products sold will be available again. Product offers are valid as long as they are visible on the website and within the limits of available stocks or the manufacturer's capacity. Should any of the Products ordered by the Customer prove to be unavailable after the Order has been validated, KOBALANN undertakes to contact the Customer in order to inform him/her of this fact and to indicate how soon the Product ordered can be delivered.

KOBALANN also offers photographs for sale on its website as limited, numbered art prints, accompanied by a certificate of authenticity and signed by Vincent Munier. For any order of a photographic print, the Customer is invited to contact KOBALANN, which will draw up a personalized quotation proposal describing the essential characteristics of the Products offered for sale, in terms of quality, quantity and price.

The photographs displayed on the Website do not include exhaustive information about the Products and are for guidance only and are not contractually binding.

4. ORDER PLACEMENT &AMP; DELIVERY

The Customer declares that he/she is qualified to place an Order via the www.vincentmunier.com website. In order to place an Order, the Customer must follow an order placement and validation process comprising various stages.

Once a Product has been selected, the Customer must: (i) create an account or identify him/herself by providing identification information and a valid e-mail address; (ii) proceed with payment of the Order by providing valid banking information via the secure payment service provider and interface chosen by KOBALANN, in accordance with article 5 of these GTC; (iii) check the box indicating acceptance of these GTC.

The sale will only be definitive once the Customer has received confirmation of the Order by e-mail at the registered e-mail address. The Customer is obliged to provide accurate information when placing the Order. KOBALANN shall not be held liable for any information errors attributable to the Customer and for any prejudicial consequences that may result therefrom.

The Products ordered by the Customer will be delivered to the delivery address indicated by the Customer when placing and validating his/her Order on the KOBALANN website, within the timeframe indicated in the confirmation email.

The company KOBALANN makes its best efforts to ensure compliance with the indicative delivery time likely to be communicated to the Customer, according to the standards of average routing usually practised for simple sendings by postal way. Delivery of Products may be carried out by a service provider selected by KOBALANN. KOBALANN cannot be held responsible for delays attributable to the selected service provider.

For information purposes only and without constituting a contractual commitment, available Products are dispatched within 4 to 8 days of receipt of the Order. In the event of additional delays, KOBALANN undertakes to inform the Customer of the expected date of availability.

Nevertheless, in the event of late delivery, the Customer is invited to contact KOBALANN to inform it of the situation so that KOBALANN can check the status of the Product.

Upon receipt of the Order, the Customer is invited to check the condition of the Product and its conformity with the Order.

KOBALANN must be notified immediately of any reservations. The Customer acknowledges that the transfer of ownership of the Products to him/her occurs upon full payment of the price and the transfer of the risks of loss and deterioration associated with the effective delivery and handover of the Product to the Customer.

5. FINANCIAL TERMS AND CONDITIONS

The sale price is expressed in euros (€) including all taxes, but excluding delivery costs (packaging, shipping), which are mentioned later when the Order is placed. The total amount paid by the Customer, including delivery charges, is indicated on the Order validation page.

KOBALANN reserves the right to modify prices at any time, guaranteeing the customer the application of the price in effect on the day of the Order. KOBALANN will not apply any discount other than that unambiguously shown on the website on the day of the Order.

Book prices are established in compliance with the French law Lang 81-766 of August 10, 1981. The publisher may modify these prices without notice. For products distributed by KOBALANN, prices may be modified by the publishers concerned without prior notice.

If a Product is ordered from a country outside the European Union, the Customer is the importer of the Product. Customs duties or other taxes may be required by the country concerned. These duties are not the responsibility of KOBALANN and are payable by the Customer.

The customer acknowledges that only the means of payment proposed by KOBALANN via its website is accepted (credit card, Visa, Master Card). Under no circumstances may the customer use a method of payment other than that offered by KOBALANN.

Once the Order has been placed and validated, the Customer pays via the payment service provider selected by KOBALANN, i.e. the secure interface of Crédit Agricole, which alone guarantees the confidentiality and security of the personal data and banking information provided by the Customer for the purposes of the Order.

The Customer warrants that he/she has read and accepted the terms and conditions of the service provider selected by KOBALANN. The Customer provides accurate information and guarantees that he/she is authorized to use the means of payment to which he/she has recourse and that this means of payment gives access to sufficient funds to cover the total amount of the Order.

Once payment has been confirmed, the Customer receives an email summarizing the Order and the price paid.

6. RIGHT OF WITHDRAWAL

6.1. Legal cooling-off period granted to the Customer

As a consumer, the Customer has the right to exercise the right of withdrawal provided for in the French Consumer Code.

In application of article L. 221-18 of the French Consumer Code, the consumer Customer has a legal period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal, without having to justify any reason or pay any penalty to KOBALANN.

In order for the withdrawal period to be respected, the customer must notify KOBALANN unambiguously of his decision to exercise the right of withdrawal before the period expires.

Without this being imperative, the Customer may use the withdrawal form in Appendix 1. Any refund will be made by the same means of payment as that used for the Order, in application of article L. 211-24 of the French Consumer Code. If expressly accepted, the Customer may also opt for a credit note on future purchases rather than a refund.

Customers who have duly notified KOBALANN of their right of withdrawal are invited to return the Product concerned to the following address:

L'imprimeur Simon, ZI Noirichaud, 25290 Ornans - France. The Product must be returned in perfect condition, unsealed and with the corresponding invoice.

6.2. Exception to the exercise of the right of withdrawal by the Customer

By way of exception, pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in the following manner:

(i) "The right of withdrawal may not be exercised for contracts [...] 13° for the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal [...]".

Consequently, when KOBALANN offers for sale digital content that is not provided on a physical medium via its website, such as Sound Products intended for digital download, the Customer who orders such Products acknowledges that he expressly waives his right of withdrawal as soon as (i) performance has begun before the end of the withdrawal period and (ii) the Order has been paid for.

(ii) for contracts for the supply of Products made to the consumer's specifications or clearly personalized, such as a print of art photographs numbered and signed by Vincent Munier.

7. APPLICATION OF LEGAL WARRANTIES

7.1 Legal warranty against hidden defects

Pursuant to Articles 1641 et seq. of the French Civil Code, KOBALANN provides the legal warranty against hidden defects resulting from a defect affecting the Products marketed through its website, rendering them unfit for their intended use.

In the context of the legal warranty for latent defects: (i) the Customer has a period of two months from the discovery of the defect to take action; (ii) this warranty entitles the buyer to return the item and have the price refunded (or keep the item and have part of the price refunded). The seller is not liable for apparent defects of which the customer has been able to convince himself.

The Customer acknowledges that he has been informed that the legal warranty against hidden defects also applies to all digital content in accordance with the terms and conditions set out in article D. 211-3 of the French Consumer Code, the Annex to which is reproduced in appendix no. 2 to these GCS.

7.2 Legal warranty of conformity

Pursuant to Articles L. 217-1 et seq. of the French Consumer Code and Article D. 211-3 of the same Code, KOBALANN provides a legal guarantee of conformity for Products and digital content marketed through its website.

Within the framework of the implementation of the legal guarantee of conformity :

(i) The Product must correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility or any other characteristics provided for in the GTCS; (ii) the criteria for Product conformity are provided for in article L. 217-4 of the French Consumer Code; (iii) the Customer has a period of two (2) years from delivery of the Product to take action; (iv) the Customer may not invoke the legal warranty of conformity: when he was aware of the defect at the time of contracting and when he could not have been unaware of the defect at the time of contracting; (v) the Customer may choose between repair, replacement of the Product, reduction of the price or rescission of the contract, subject to the cost conditions defined in article L. 217-12 of the French Consumer Code; (vi) the Customer is exempted from proving the existence of the Product's lack of conformity for a period of twenty-four months following delivery.

The Customer acknowledges that he has been informed that the legal warranty of conformity also applies to all digital content in accordance with the terms and conditions set out in article D. 211-3 of the French Consumer Code, the Annex to which is reproduced in appendix 2 to these GCS.

7.3 Commercial warranty

The Customer acknowledges that KOBALANN will not apply any commercial guarantee other than that unambiguously stated on the website or in these GTC.

8. SUBSCRIPTION TO AN ANTI-SOLICITATION LIST

The customer acknowledges that he has been duly informed that if his telephone details have been collected by KOBALANN in the course of executing the present GTC, he has the right to register on the telephone canvassing opposition list (BLOCTEL) in application of article L. 223-3 of the French Consumer Code.

9. PROTECTION OF PERSONAL DATA

KOBALANN is likely to process personal data relating to the Customer in compliance with applicable regulations pursuant to Regulation (EU) 2016-679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms.

The customer is informed that he is free to exercise his rights of access, rectification, deletion and opposition concerning all nominative information concerning him, for legitimate reasons, directly with the KOBALANN company, as well as his right to lodge a complaint with the competent authority, the Commission Nationale de l'Informatique et des Libertés (CNIL).

For more information, the Customer is invited to consult the KOBALANN Privacy Policy.

10. INTELLECTUAL PROPERTY

10.1 Ownership of rights

KOBALANN, Vincent Munier and/or their partners are the exclusive owners of the intellectual property rights relating to the content of the www.vincentmunier.com website and pertaining to the Products supplied to the Customer, as well as to any associated tangible or intangible support, including, but not limited to:

website, domain name, brand, logo, graphic charter, text, icon, illustration, photograph, snapshot, visual elements, audio elements, images and videos, databases as well as their formatting and, more generally, any medium protectable under intellectual property law.

Any reproduction, representation, dissemination, distribution, translation, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly forbidden without the express prior written consent of KOBALANN.

Such actions are likely to constitute acts of counterfeiting that may engage the civil and criminal liability of the counterfeiter. KOBALANN reserves the right to take legal action to enforce its rights.

10.2 Fine art photographic prints

The Customer expressly acknowledges that no implicit transfer of intellectual property rights occurs simultaneously with the sale of Products by KOBALANN.

Any transfer of intellectual property rights relating to the Products sold by KOBALANN to the Customer must, where applicable, be the subject of an express transfer contract between the Parties in accordance with the applicable legislation.

11. PRE-CONTRACTUAL INFORMATION TO THE CUSTOMER

By accepting the present General Terms and Conditions, the Customer acknowledges having received from KOBALANN all the information specified in articles L. 111-1, L. 221-18 and L. 224-25-5 et seq. of the French Consumer Code, and in particular: (i) the characteristics of the Products; (ii) the price applied; (iii) information about the seller; (iv) how to exercise the right of withdrawal; (v) the application of legal guarantees; (vi) the option of registering with Bloctel; (vii) the possibility of mediation.

12. MISCELLANEOUS PROVISIONS

12.1 Enforceability

These General Terms and Conditions apply to the Customer until delivery of the Product. Clauses of these GTC which by their nature are intended to survive beyond the expiry or termination of the GTC shall remain applicable.

12.2 Force majeure

KOBALANN will be deemed not to have failed in its contractual obligations if the performance of its obligations under these GTC is directly prevented by a case of force majeure within the meaning of article 1218 of the French Civil Code, including but not limited to: natural disasters, epidemics, pandemics, strikes, failure of a logistics provider, governmental or regulatory decisions.

12.3 Tolerance & Nullity

The failure of either Party at any time to require the strict performance by the other Party of any provision or condition of these GTC shall not be deemed a waiver of such provision or condition.

Should any of the non-essential clauses of the GTC be null and void or inapplicable by virtue of a law or regulation or following an enforceable court decision or decision of a competent authority, the Parties expressly agree that the present GTC shall not be affected by the nullity of the clause concerned.

12.4 Requests

For any specific request relating to these GTC, the Customer is invited to contact KOBALANN at the following address: contact@vincentmunier.com.

12.5 Mediation

In application of article L. 612-1 of the French Consumer Code, the customer may submit any dispute with KOBALANN to a Consumer Mediator, who will seek, independently and impartially, to bring the parties together in order to reach an amicable solution. For all practical purposes, the online dispute resolution platform provided by the European Commission can be accessed at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

[KOBALANN is currently in the process of registering with a mediation center].

The customer remains free to accept or refuse recourse to mediation, as well as to accept or refuse the solution proposed by the Mediator.

12.6 Applicable law & Disputes

These General Terms and Conditions are governed, interpreted and subject to French law. Any dispute relating to these GCS, which cannot be resolved amicably between KOBALANN and the Customer, will be submitted to the competent French courts under the conditions of common law.

Appendix 1: Form - Exercising the right of withdrawal

Please complete and return the form only if you wish to exercise your right of withdrawal.

KOBALANN, 1 route de Dramont, 88210, Sapois
contact@kobalann.com

I hereby notify you that I am exercising my right to cancel the following Order:

Order Reference: .......................................................
Order date: ..............................................................
Order description: ......................................................
Name: ......................................................................................
Delivery address: .................................................................

Date & Place :
Customer's signature :

Appendix 2: Appendix to Article D. 211-3 of the French Consumer Code

Consumers have a period of two years from the date of supply of the digital content or service in which to invoke the legal warranty of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service. The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract by obtaining a full refund in return for relinquishing the digital content or digital service, if: 1° The professional refuses to bring the digital content or digital service into conformity; 2° The digital content or digital service is unjustifiably delayed; 3° The digital content or digital service cannot be brought into conformity without imposing costs on the consumer; 4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer; 5° The digital content or digital service remains non-compliant despite the professional's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand. In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until such time as the digital content or service is once again brought into conformity. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.