Article 1: PRELIMINARY MEASURES

1.1. Object

The present General Terms of Use (hereinafter The General Terms of Use) are intended to define the modalities and conditions under which The Company KESI’ART (hereinafter The Company), listed in the Register of Trade and Companies of Rennes under the No. 751 125 790, the head office of which is at 28 rue Saint-Louis at RENNES (35000) offers its Users products, applications, services (hereinafter collectively The Services) via its Site: http://www.kesi-art.com/ (hereinafter The Website) and the other hand, the way The User access to The Website and use its Services.

1.2. Acceptance of general terms of use

Any access to The Website or the use of its Services is subject to the acceptance of the General Terms of Use without restrictions or reservations. These General Terms of Use establish a contract between The Website and The User. In the event that The User does not want to accept whole or part of these General Terms of Use, he is asked to refrain from using the Service. The Company reserves the right to modify at any time the present General Terms of Use.

1.3. Definitions

  • User: means the customer visiting The Website.

  • Member: means a User identified on The Website.

  • Services: means an order and delivery department with products of scrapbooking, haberdashery, paper stationery, card shop, home decoration, creative leisures, it means an access to a collection of resources (tutorials), different communication tools, forums, research services and personalized content pages.

  • Login: means the information needed for the identification of The User on The Website in order to access to areas reserved for the members.

  • Password: means a confidential information kept secret by The User, allowing him when used in parallel to the log in to prove his identity.

Article 2: THE SELLER'S CONTACT DETAILS

Head office: 28 rue Saint-Louis à RENNES (35000) FRANCE
Mailing address: 28 rue Saint-Louis à RENNES (35000) FRANCE
Phone number: +33 02 99 22 60 72
E-mail: contact@kesi-art.com
Publication manager: Ms 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

In order to use any Services, The User must complete a registration form online. The registration is free and is a mandatory requirement. All fields are mandatory fields and must be completed. All incomplete registrations will be not considered..

Once registered, The User has a personal page that he can manage. Thus, he becomes a member of The Website (hereinafter The Member).

The User warrants that all of the data provided by himself for the registration is accurate and complete. The User shall report any changes in the registration data to The Website.

The User assumes full responsibility for direct or indirect damages that may result from a lack of update of his information.

The account management page can be reached using a Username and a Password (which can be modified at any moment).

The User is fully responsible for keeping the confidentiality of his Username and Password.

He should contact The Company using the contact details above in case of theft, loss, misapprobation or unauthorized use of login credentials or if he notices that his account was used without his knowledge in order that The Company takes all appropriate measures.

The User agrees to use himself the Services offered by The Company and not to allow anyone else to use it in its place, excepted in its sole discretion. The User is not allowed to create multiple accounts.

Article 4: TERMINATION OF ACCOUNT

The Company mays in some cases and without notice, immediately terminate The User's account and access to Services indefinitely or for a period of time.

Causes for termination may be due to offenses or violations of the General Terms of Use, the compliance of The Website with the law, to a request from The User to delete his account, interruption or modification, technical problems or unexpected safety, with periods of inactivity of more than 3 years of illegal activities by The User, non-payment of fees in connection with The Services.

The User accepts the termination by The Company in its sole discretion. The Company will not be liable to User or any third parties for any termination of account.

The User may also request by a registered mail with return receipt to cancel his account and delete his data at any time for any reason by accessing the Account Management page.

The Company undertakes to comply with the request to terminate The User within 30 days of receipt of the request.

Article 5: ACCESS TO THE WEBSITE

The Website is available free to any User with access to the internet. Any costs associated with accessing The Website, whether hardware costs, software and Internet access are the exclusive responsibility of The User. He is responsible for the proper functioning of its computer equipment as well as its internet access.

Some sections of The Website are reserved for Members after logging in using their username and their password.

The Company reserves the right to refuse access to the Service, unilaterally and without prior notice to any User not complying with the General Terms of Use.

Article 6: Maintenance

The Company strives to provide access to The Website round the clock, 7 days 7, except in cases of force majeure or after an event beyond its control and subject to any breakdowns and maintenance necessary for the good operating Site and Services.

Accordingly, The Company cannot guarantee availability of The Website and Services, a transmission reliability and performance in terms of response time or quality. There is no provision of technical assistance with respect to The User either by electronic means or telephone.

The Company cannot be held liable for loss of access to The Website and / or use of Services for these reasons.

In addition, The Company may be required to discontinue The Website or any of the Services at any time without notice without the right to compensation.

User acknowledges and agrees that The Company is not responsible for interruptions and the consequences that may result for The User or any third parties.

Article 7: PRICING

Some Services might require the payment of fees to The Company or to other Users. Payment terms will be specified in the General Sales Conditions governing the department.

Article 8: INTELLECTUAL PROPERTY

The global structure of The Website, softwares, systems, databases, and the contents (texts, graphics, logos, brands, trademarks, pictures, visual aspects, sounds and videos) are the property of The Company. The tutorials of its Members are all protected by the intellectual property laws (French and international laws).

Any representation, reproduction or exploitation, in whole or in part by any process without the written authorization of The Company would constitute counterfeiting and is strictly forbidden and punishable under articles L.335-2 and following the legislation of property rights.

Kesi'Art is a registered trademark by Ms. Laetitia Roulleau. Any representation, reproduction or exploitation, in whole or in part by any process of this trademark is strictly forbidden.

Article 9: THE USER'S APPROPRIATE BEHAVIOUR

The User has to be polite and weight his word when editing any content.

Without prejudice to the other requirements and the General Terms of Use, The User agrees not to download, post, send, transmit, to publicize, or to make available contents on the website:

  • -Likely to prejudice the legitimate interests of third parties whatsoever and dignity of the human person;

  • -Abusive, profane or defamatory;

  • -Pornographic or pedophile;

  • -Glorifying crimes against humanity;

  • -Inciting commission of crimes;

  • -Inciting racial hatred or discrimination;

  • -Violating the privacy and / or image rights of any person;

  • -Infringing intellectual property rights or rights of a third parties;

  • -Incorporation of misleading or comparative advertising;

  • -Which advertises tobacco, alcohol or drugs;

  • -Containing a virus or any other program that could damage, destroy or alter systems, programs, computer files or data of The Company or its Members;

  • -A violation of contractual agreements;

  • -Containing unsolicited advertisements or unauthorized advertising, promotional materials, "spam," "chain letters" or any other form of solicitation;

In general, The User agrees not to upload, post, send, transmit, publicize, or make available any illegal contents of the website for illegal, harmful, threatening, abusive, obscene, immoral and morality, invasive to public policy, illegal character whose content would be wrong and would infringe the Criminal Code.

The User agrees not to use deceptive subject lines:

  • -Negatively affect the quiet enjoyment of other Users of the Services;

  • -Impersonate any person or entity, (including but not limited to), an officer of The Company, forum leader, guide or host;

  • -Manipulate identifiers in order to disguise the origin of any content transmitted through or about the service;

  • -Interfere with or disrupt The Website or servers or networks connected to The Website;

  • -Harass others or collect or store personal data about other Users;

  • -Set up an additional account that can be used for misleading.

Article 10: SITE CONTENT

The Company cannot be held responsible for information, data, texts, messages, opinions, comments, photo, graphics, videos, tags, or any different matérials, (hereinafter collectively The Contents) published by The Users of The Website. Users are solely responsible for all the Contents they update on The Website or by post.

The Company makes no representations regarding the accuracy, integrity or quality of such content, and should in no way be liable for any loss or damage of any kind incurred as a result of using such Contents. The User guarantees The Company against all claims, directly or indirectly based on the Content, may be brought by anyone against The Company. It is in particular to support the payment of sums whatsoever resulting from the use of a third parties against The Company, including attorney fees and court costs.

The User declares to have the right to publish or transmit such content because he owns the copyright and the intellectual property rights needed. Unless a license has been expressly granted by the owner of that Content, in a separate agreement, the latter may not modify, rent, loan, sell, distribute or create derivative works based on this Content.

The User is solely responsible for the protection and enforcement of the intellectual property rights in the Content, The Company has no obligation to do so on its behalf.

The Company reserves the right to remove whole or part of the content posted by The User at any time for any reason without prior notice or justification. The User may have no claim to that title. It’s not a requirement for The Company to remove any content that violates the law or a User deems offensive. Deletion is at the sole discretion of The Company.

The User has the right to request the removal of any Content uploaded by himself on The Website.

Article 11: DATA PROTECTION

In a sense of respect for the privacy of its Users, The Company agrees that the collection and processing of personal information carried within this site are made in accordance with the Law No. 78-17 of January 6, 1978 in accordance with the French Data Protection and Freedom of Information Law (Loi informatique et Libertés). As such, The Website is the subject of a declaration to the CNIL under the number 729280.

In accordance with the Article n°34 of the "Data Protection" law, The Company guarantees The User the right to oppose, access and rectify the data concerning him.

Users have the opportunity to exercise this right:

• -On the website, in the Members' section;
• -Using the contact form at his disposal;
• -Writing directly to the following address: contact@kesi-art.com

The Website is committed to not transfer in any way (sell, rent, give, lend) to third parties the information about a User, unless expressly agreed to share formalities by a check box when registering.

Article 12: USE OF cookies

Cookies
A cookie is a small text file saved on your computer or mobile device and then recovered during subsequent visits. Kesi'Art uses cookies to make your visit easier and enjoyable. We do not use cookies to store personal information or to disclose information to third parties.
There are two types of cookies, permanent and temporary (session cookies). Persistent cookies are stored as a file on your computer or mobile device for a period not exceeding 12 months. Session cookies are stored temporarily and disappear when you close your browser session. We use persistent cookies to store your choice of homepage as well as your personal data if you check "Remember me" when you connect. We use session cookies when you use the filter function to check the goods and to check whether you are connected or if you have placed an item in your basket.
You can easily delete cookies from your computer or your mobile device using your browser. For instructions on managing and removing cookies, thank you to refer to the help section of your browser. Depending on your preferences, you can disable cookies or ask to be notified each time a new cookie is sent to your computer or mobile device. Please note that if you disable cookies, you can not take advantage of all the features.

Third-party cookies
We use third-party cookies to gather statistics in aggregate form in analysis tools such as Google Analytics. These cookies can be permanent or temporary (session cookies). Permanent cookies are stored on your computer or mobile device for a period not exceeding 24 months.

Article 13: corrections of errors

The information and documents contained and accessible through this site was obtained from sources believed to be reliable. Nevertheless, these data may contain technical inaccuracies and typographical errors.

The Company reserves the right to correct them as soon as these errors are brought to its attention. Thus, the data available on this Site are subject to change at any time and may be subject to updates, especially between the time of uploading and when The User take cognizance of those.

The use of information and documents available on this Site is the whole and sole responsibility of The User who assumes all the consequences thereof, without The Company may be sought in this respect, and without recourse against The Company.

The Company shall in no way be liable for any damages of any kind arising from the interpretation or use of the data available on this Site.

Article 14: LinKs AND tHIRD-PARTY SITES

The Website may contain links to websites published and / or managed by third parties.

The Company cannot be held responsible for the contents posted on The Websites directly or indirectly linked to The Website. The Company has no control of the nature and characteristics of the data that could be transmitted.

The links to other websites are provided solely as a convenience and do not imply any responsibility for their content. Users are solely responsible for the use of data consulted, request and transfers on the Internet.

The Company reserves the right to request the removal of any link it deems inconsistent with the purpose of The Company.

Article 15: APPLICABLE LAWS - JURISDICTION ATTRIBUTIONS

These General Terms of Use are governed by French law, wherever the Use of The Website. In case the General Terms of Use are translated into a different language than the French language only the French version will prevail in case of dispute.

Parties have the option of using a mutual agreement procedure conventional mediation or other alternative means of dispute resolution in case of dispute.

In the event of any possible dispute, and after the failure of all attempts to reach an amicable solution, all disputes regarding the General Terms of Use may lead, concerning its validity, interpretation, termination, and their consequences will be submitted to the competent courts in the common law conditions.        

OUR ADDRESS IN RENNES: THE WORK + SHOP THAT MAKES CREATIVE PEOPLE!

Located at 28 rue Saint Louis, in the historic center of Rennes, come and discover our pretty shop offering different creative materials, colorful and graphic! The team welcomes you from Tuesday to Friday from 13:00 to 19:00 and Saturday from 10:00 to 19:00. This unique, friendly place, dedicated to creative hobbies also offers Workshops to start or deepen the practice of Scrapbooking, Knitting, DIY, etc. A beautiful experience to try to take pleasure in creating simply.

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