General terms of linking related on tutorials

Article 1: prEliminaRY MEASURES

1.1. Object

These present General Terms (hereinafter General terms of linking related on tutorials) apply without restriction or reservation to the service of linking between the author of tutorials and Licensee to use of these Tutorials (hereinafter the Service), by Kesi'Art the company (hereinafter the Company or the Service Provider) listed in the Register of Trade and Companies of Rennes under the N° 751 125 790 the head office of which is at 28 rue Saint-Louis à RENNES (35000) via its Site: http://www.kesi-art.com/ (hereinafter the Website) and define the rules of providing the Service.

These present General Terms are available at any time on the website and will apply as soon as they come online. They may not apply to transactions concluded.

These present Terms prevail, if any, on any other version or any other contradictory document. They may be subject to specific conditions of use which that complement and, in case of conflict, prevail over the latter. The Company reserves the right to modify its Terms punctually.

The Service is offered in all countries of the European Union and also outside the countries of the European Union.
The General Conditions apply to non-professional license buyers (hereinafter the Buyers) and the authors of Tutorials wich are professional or non-professional (hereinafter the Sellers) (hereinafter collectively the Consumers).

1.2. Acceptance of general terms of use

The fact that the customer purchase a license on one hand and / or upload a tutorial on the other hand entails acceptance full of these Conditions as expressly recognized by the Client. Each accession subject is void.

The acceptance of these Conditions by Customers is indicated by a check box during registration and at each tutorial order validation.

1.3. Definitions

  • - User: means any person using the website or any services offered by the Website.
  • - Member: means a User identified on the Website.
  • - Tutorials: educational tool: technical data (how-to notice) and presenting the products of the Website.
  • - Buyer: Unprofessional consumer member who after logging on the Website buys one or more licenses Tutorials or consult one or more extracts of online tutorials made by a Tutorial creator.
  • - Seller: Professional or unprofessional creator of Tutorial(s) registered on the Website for the purpose of selling non-exclusive licenses of Tutorials he created.

The website draws the attention of vendors lay in the fact that if they indulge habitually in acts of sale (including when it comes to user license) providing their real income, they may be treated as professional sellers and as such, it will be subject to the same social and tax obligations as a professional (liable to pay commercial taxes and VAT) and retroactively.

  • - Licence: Agreement defining the non-exclusive use rights granted to a tutorial.
  • - Products: means Tutorials available on the Website by the Sellers in relation to scrapbooking, haberdashery, stationery, card making, home decor and / or creative hobbies sold on the Website.
  • - Service: All measures implemented by the Company and the services provided by it to link the Sellers and Buyers Tutorials licenses.

Article 2: CHARACTERISTICS OF THE COMPANY

2.1. Company activities

The Company has an activity:

  • - retail, wholesale (professional), retail sales of all products and accessories in the field of arts and crafts, including scrapbooking, haberdashery, card making;
  • - design of creative leisure, scrapbooking (photo album creation), clear stamps, stickers and all products and accessories that can be attached to it;
  • - online sales of equipment and accessories for crafts, fine arts, arts and crafts, scrapbooking;
  • - all activities related to crafts.

2.2. Information seller

The Head Office: 28 rue Saint-Louis à RENNES (35000) FRANCE

Postal adress: 28 rue Saint-Louis à RENNES (35000) FRANCE

Phone numer: 02 90 22 36 78

Fax: 02 99 22 60 72

E-mail: contact@kesi-art.com

Publication manager: Mme Laetitia Roulleau

Kesi'Art is a limited liability company with a capital of 150 000 euros registered in the Commercial Register under No. 751 125 790, its VAT number is: FR 64751125790, its managers are M. Ulrich Ernouf and Ms Laetitia Roulleau.

Article 3: concurrence by the user

Any user is required to provide information concerning (name, e-mail address etc), that information of a personal nature it is specified that this site respects the processing of personal data of its users according to law No. 78 -17 of 6 January 1978 on computers, files and liberties, as amended by Act No. 2004-801 of 6 August 2004 on the protection of individuals with regard to data processing staff.

The processing of information provided through the website has been declared to CNIL.

The website is committed to not transfer in any way (sale, exchange, lease, give, lend) to third parties the information about a customer, unless expressly agreed to share formalized by a checkbox during registration.

In accordance with the above Act, the Client has a permanent right of access, modification, rectification and opposition with regard to information about it.

Article 4: PREREQUISITES

The service for Sellers and Buyers of Tutorials licenses is accessible only to those with sufficient computer system enabling them to download and / or view files containing Tutorials.

Article 5: CONDITIONS of availability of the tutorials

The seller who wants to provide his tutorial on the Website must first identify himself as further specified in the Terms of uses.

The seller undertakes to respect the conditions defined on the Website, he acknowledges having prior knowledge, namely:

  • - proceed to send each tutorial in the format, the minimum resolution and maximum size specified by the Website;
  • - providing a title and description for each Tutorial;
  • - provision of the designation of the computer program and version which carries the Tutorial;
  • - provision of keywords associated with the Tutorial;
  • - provision of an image file and / or extract tutorial to introduce in the format, the minimum and maximum size resolution specified by the Website;
  • - providing a description with products sold on the Website.

Failure to supply a file containing images and / or extract of Tutorial, the Seller is informed that the Company will generate automatically and put online on the Website to present the seller's Tutorial, that he authorizes expressly. This file and / or extract can be accessed for free by Members.

The Seller shall have the opportunity to offer licenses Tutorials for free. He is informed that by choosing free licenses of one or more of its Tutorials, it expressly authorizes the Company to exploit the free way of tutorials and media that are possibly associated with the purpose of ensuring the promotion of the Website and its Service, this promotion can be placed on the Website but also in any other medium. This authorization is granted for the whole time during which the Seller shall be registered with the site.

During that period, the Seller permits the Company to report its ID or alias of the list and the characteristics of its Tutorials, the hyperlink leading to his profile for communication and promotion of the Website and its Service.

The Website reserves the right not to offer online Tutorials.

Article 6: WARRANTIES RELATED TO TUTORIALS

The Sellers guarantee being personally the author of Tutorial they put online and will be introduced in the Tutorials no reminiscence or likeness may adversely affect the rights of third parties. They guarantee the Buyers against any use of this fact.

In general, the Sellers say they have only qualified to make the rights contained in the licenses and guaranteeing the Buyers against any claims or actions that could form all natural or legal persons claiming to have any right to enforce all or part of or tutorials on the operation of the licensed rights.

It is strictly forbidden for the Sellers to use the Website in order to conclude transactions outside of the Website and, by getting in direct contact with a Buyer.

The Sellers are also required for conformity defects Tutorials and their latent defects as provided below:

On the legal guarantee against hidden defects in accordance with Article 1641 of the Civil Code.

The Seller is required to guarantee against hidden defects of the thing sold which make it unfit for the use for which it was intended, or that decrease this use that the Customer would not have acquired, or would in paid a lower price if he had known. However, the Seller is not obliged to apparent defects which the Customer was able to convince himself.

It is bound for latent defects, even if he would not have known, unless, in this case, it is stipulated that he will be obliged to any warranty.

The Customer has the option to return the thing and to be reimbursed for the price, or keep the thing and to be reimbursed for part of the price, as it will be refereed by experts.

If the seller knew the defects of the thing, he is bound only to restore the price he received, all damages to the Customer. If the seller knew the defects of the thing, it will be required to restore the price, and repay to the purchaser the costs of the sale.

If the thing had perished vices due to its poor quality, the loss for the Seller, which will be liable to the Client for the return of the price and other damages. But the loss came by accident will be on behalf of the Client.

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

The code of the consumer is to apply in the case of non-professional Purchasers:

On the legal guarantee of conformity in accordance with Articles L. 211-4 and following of the Consumer Code:

The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
To comply with the contract, the product must:
  •    -Being fit for purpose usually associated with such a product and, if any match the description given by the seller and possess the qualities that he has presented to the Customer as a sample or model, presenting qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
  •    -Or have the characteristics defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and the latter accepted.

The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise. The Seller may rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance.

The Customer is entitled to demand compliance with the contract. It can not however challenge compliance by invoking a defect he knew or could not ignore when contracted. This applies even when the defect originated in the materials he has provided himself.

In case of lack of conformity, the Customer choose between repair and replacement of the goods. However, the Seller may not proceed according to the Customer's choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the Buyer.

If repair and replacement, are impossible, the Customer may return the property and be reimbursed the price or keep the property and be reimbursed part of the price. The same option is open to him:

  • -If the requested solution, proposed or agreed under the preceding paragraph shall be implemented within the period of one month after the claim of the Customer,
  • -Or if this solution can not be without great inconvenience to it given the nature of the property and use that research.

The resolution of the sale can not however be imposed if the defect is minor. The application of the above occurs without any cost for the client but not hinder the allocation of damages. The action resulting from lack of conformity lapses two years after delivery of the goods.

The provisions of this section shall not deprive the customer of the right to bring an action resulting from latent defects or other action of contract, tort kind that is recognized by law.

The recourse can be exercised by the Seller final against successive vendors or brokers and producer of TPP, according to the principles of the Civil Code.

Article 7: LICENCE

The Seller retains ownership of his work and as such retains control over the ownership and use rights.

This is for the Buyers to obtain a non-exclusive License to use and download Tutorials and / or consult excerpts Tutorials for private and gratuitous performances carried out exclusively within the family circle and for personal use only. It is also allowed them only for private use and not intended for collective use, make copies or reproductions of the models contained in the Tutorials.

However, these uses are permitted only if they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the Seller.

This License excludes the use of the work for purposes other than those for which it has acquired the rights and especially the use of the work for commercial use, public dissemination of the work, changing the work, reproduction and representation Tutorial for any use other than personal use, the sale of copies of the work and, whether for commercial purposes or for example, to the propaganda of certain ideas.

The License may be granted to an unlimited number of Buyers.


Article 8: PAYMENT AND COMMISSION

To purchase a license, the Buyer shall make the payment online by credit card or paypal.

Registration is free but action to sell one or more tutorials on the Website is subject to subscribe to a paid subscription for six (6) months or a year.

Against part of providing the service, the Website receives a commission on the occasion of each sale made on the Website according to the rates in force.

Payment shall be made directly between the Buyer and the Seller, the Website is not involved in the transaction.

Every end of month, the Website fee commission on sales made by the Seller on the Website on the bank account of the Seller (In this respect, the Seller undertakes to provide his bank details to the Website for payment commissions).


Article 9: SUPPLY OF TUTORIALS

The Tutorials after payment will be provided by download. The file download link will remain available to the account of the Buyer from the first download.

The non-professional Buyer who purchases a good in distance to a professional, has in principle within 14 days to change your mind about the purchase. However, the right of withdrawal can not be exercised for supply contracts of a digital content not supplied on a tangible medium where performance has begun with the consumer's agreement, for which he waived his right of withdrawal.


Article 10: RESPONSABILITY

The Company is not involved in the transaction between the Buyer and the Seller. The agreements of sale and purchase of license of use are concluded directly between the Buyer and the Seller.

Accordingly, the Company has no control over the quality, adequacy or accuracy of the content of Tutorials, the ability of Sellers to sell such holdings licenses or the ability of buyers to pay them.

Indeed, the Company shall in no event be liable for the contents of Tutorials available, including their educational relevance. For, beyond the respect of acceptable behavior imposed by Article 9 of the Terms of Use, each Buyer must view before purchase, extract video tutorial on the Website and to read the description.

It is the responsibility of the customer to provide correct contact information. The liability of the Company may not be accepted if the Purchaser does not receive the Tutorial from whom it acquired the license due to a mistake of his made in entering the coordinates.

The Sellers are in turn responsible for compliance of tax and social obligations they may be subject given the volume of their sales activity on the Website.

The Company shall not be liable for damages suffered or incurred by Tutorials whether material or immaterial damages, after the sale of the Tutorial.

Finally, members say well know internet, its characteristics and its limits (eg saturated networks at certain hours of the day etc).

Article 11: APPLICABLE LAW - JURISDICTION ATTRIBUTIONS

The Present Conditions are governed by French law, whatever the place of use of the Website. In case the General Conditions are translated into a language other than French only the French text would prevail in case of dispute.

Parties have the possibility to use mutual agreement to conventional mediation or other alternative means of dispute resolution in cases of dispute.

In case of any dispute, and after the failure of any attempt to search for an amicable solution, all disputes regarding the terms and conditions may give rise concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent courts in common law conditions and especially for professional customers in the Rennes commercial Court.