Terms of Sales
1.1 These general conditions of sale (hereinafter the "GTC") apply to any order of products offered for sale (hereinafter the "Products") on the website www.cyrilkongo.art (hereinafter the “Website”), received by the company DAWAMI, a simplified joint-stock company with a capital of 1,000 Euros registered in the Paris Trade and Companies Register under number 822 709 846 and whose registered office is located at 10, rue Greneta 75003 Paris (France), whose VAT identification number is FR 52 822709846 (hereinafter the "Seller") and issued by any buyer who is a consumer within the meaning of the introductory article of the Consumer Code ( namely any person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity) (hereinafter the "Buyer").
1.2 The fact of placing an order on the latter makes these T&Cs applicable and implies the user's full and unreserved acceptance of the T&Cs.
1.3 Any substantial modification of these GCS by the Seller will be notified to the Buyer. The applicable GCS will be those in force at the time of the conclusion of the sales contract as indicated below.
1.4 No particular condition can, except formal and written acceptance of the Seller, prevail over the GCS. Any contrary condition opposed by the Buyer will be, in the absence of the express and prior acceptance of the Seller, unenforceable against the Seller, regardless of when it may have been brought to its attention.
1.5 The fact that the Seller does not take advantage of one of the clauses of the GCS can in no way be interpreted as a waiver on the part of the Seller to take advantage of it later.
2.1 The essential characteristics and description of the Products offered for sale on the Website are listed on the page dedicated to each Product and are visible when the Buyer clicks on the Product, in accordance with Article L. 111-1 of the Code consumption.
2.2 To place an order, the Buyer must identify himself with his email address and password. In the case of a first order, the Buyer must create a customer account on the Website.
2.3 The Buyer can order the Products he wishes on the Website by following the following steps:
- The Buyer selects on the Website the Products he wishes to buy and the desired quantity then places the Products in his shopping cart by clicking on the "Buy" tab;
- The Buyer accesses his basket which summarizes the selected Product(s), as well as their quantity and the total amount of the order;
- The Buyer then chooses whether he wishes to validate his order and clicks, if necessary, on the "Validate the order" tab;
- He must then choose the desired delivery and billing address and tick the box "I accept the general conditions of sale" and click on the "Payment" tab;
- The Buyer must choose his method of payment, follow the process indicated and click on the "Pay" tab. This step formalizes the sales contract between the Buyer and the Seller.
2.4 Any order implies acceptance of the prices and descriptions of the Products available for sale. The Seller will acknowledge receipt of the Buyer's order as soon as it is validated by sending him an email to the email address he has provided. These T&Cs in PDF format will also be sent to the Buyer in the same confirmation email.
2.5 The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil Code.
- By credit card (Visa, Mastercard) via the secure payment platform of our payment provider (to be completed with the name of the chosen payment provider);
- Wire Transfer ;
- Through their PayPal account (only available for delivery in France). By choosing payment via PayPal, the Buyer will be automatically directed to his PayPal account. Once the PayPal payment has been validated, the Buyer can complete his order on the Website.
3.2 Only payments in Euros are accepted for payment of an order on the Website. All costs related to your payment are your responsibility.
3.3 All prices displayed on the Website include value added tax (VAT) applicable in France. The Seller reserves the right to modify the price of the Products at any time (except on current orders) and cannot be held liable to the Buyer or to a third party in this regard.
3.4 The Products will be invoiced on the basis of the sale price in force at the time of registration and payment of the order placed by the Buyer, subject to the availability of the Product. Delivery costs are not included in the price of the Product but are indicated to the Buyer and subsequently added to his shopping cart.
3.5 Customs fees and other taxes must be paid by the Buyer directly to the carrier.
4.1 Delivery costs are free for any order exceeding an amount of one hundred (100) Euros when the delivery takes place in metropolitan France and Europe as well as for any order exceeding an amount of one thousand (1,000) Euros when the delivery takes place on any other territory.
4.2 Deliveries are exclusively made at home and according to the following terms:
Delivery in metropolitan France:
- By Colissimo (delivery within X to X days from the validation of your order) for orders below an amount of five thousand (5,000) Euros. Delivery is made by La Poste.
- Via UPS or DHL (delivery within X to X days from the validation of your order) for orders greater than or equal to an amount of five thousand (5,000) Euros.
Delivery outside metropolitan France:
- By Colissimo (delivery within X to X days from the validation of your order) for orders of less than five thousand (5,000) Euros. Delivery is made by La Poste.
- Via UPS or DHL (delivery within X to X days from the validation of your order) for orders greater than or equal to five thousand (5,000) Euros.
In all cases, the delivery time of the Product cannot exceed thirty (30) days from the confirmation of the order by the Seller.
4.3 If the delivery time is exceeded, the Buyer cannot cancel the sale before having granted the Seller, by registered letter with acknowledgment of receipt or in writing on a durable medium, a reasonable and appropriate additional period to deliver the Products. In accordance with the provisions of article L.216-2 of the Consumer Code, if the Seller does not deliver the Products within the additional period granted, the Buyer may cancel the sale by registered letter with acknowledgment of receipt or in writing on a durable medium.
4.4 In the event of resolution of the sale in accordance with the aforementioned provisions, the Seller will reimburse the full amount paid by the Buyer no later than fourteen (14) days following the date on which it was informed of the resolution of the contract. by the Buyer.
4.5 The Buyer must make himself available at the time of the arrival of the carrier delivering the ordered Product. Failing this, the carrier will issue a transit advice note indicating to the Buyer the procedure to follow for a new delivery of the Product. The Buyer will assume the possible financial burden as well as the responsibility related to the non-delivery or the delay in delivery of the Product when these are his fault. The Seller will not be responsible for a delay in delivery caused by the Buyer or by a case of force majeure as indicated in article 9 of these GCS.
4.6 The Products are sold subject to retention of title and remain the property of the Seller until full payment by the Buyer. The transfer of risks related to the Products will take place following the delivery of the Product to the Buyer or to a third party designated by the latter.
4.7 All deliveries must be verified by the Buyer upon receipt of the Products.
5.1 If the Buyer is a consumer, he has the legal right of cancellation, without reasons, and may cancel his order within fourteen (14) days from the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, receives the Product. In the event that a single order contains several Products which are delivered separately, the cancellation period runs from the day on which the Buyer receives the last Product.
5.2 To exercise his right of cancellation, the Buyer must notify his request to the Seller by means of a clear declaration by e-mail to email@example.com or by post to the company DAWAMI (10, rue Greneta 75003 Paris (France )). For this purpose, the Buyer can for example use the cancellation form below. The Seller will acknowledge receipt of the Buyer's cancellation request and will inform him of the steps to follow.
5.3 The right of cancellation can only be exercised if the Products have not been opened or used by the Buyer. If the Product has been opened or used, it cannot be returned.
5.4 The right of cancellation does not apply to Products made to the Buyer's specifications or clearly personalized.
6.1 The Buyer must return the Products no later than fourteen (14) days after the communication of the decision to withdraw to the Seller.
6.2 The costs of returning the Products are the responsibility of the Buyer, except in the event that the Seller has made an error in the Buyer's order.
6.3 In the event of withdrawal by the Buyer under the conditions mentioned in Articles 5 and 6 of these GCS, the Seller shall reimburse all sums received under the order no later than fourteen (14) days following receipt of the Products by the Seller or the provision by the Buyer of proof of shipment of the Products, the date retained being that of the first of these events.
6.4 The refund is made by the Seller via the same means of payment as that which was used by the Buyer for the payment of his order, unless the Buyer wishes to be reimbursed by a different means.
6.5 If the Product returned by the Buyer is damaged, worn or in poor condition, no refund can be made by the Seller. All Products are checked by the Seller upon their return. The Products must be intact and unused. All returned items must be sent in their original condition and packaging and must have the tags retained.
7.1 All orders placed by the Buyer are subject to the availability of the Products.
7.2 In the event of a stock shortage of the Product ordered by the Buyer, the latter shall be informed. Except in the case of unique works, the Seller may inform the Buyer of the possibility of ordering replacement products of the same or greater value than that of the out-of-stock Products.
7.3 If the Buyer does not wish to order the replacement products offered by the Seller, the Seller shall reimburse the sums incurred by the Buyer within a maximum period of fourteen (14) days from the day on which the Buyer informed the Seller that he does not wish to order the replacement products.
7.4 No compensation can be claimed by the Buyer in the event of a stock shortage of the Products ordered.
8.1 Legal guarantees
8.1.1 Guarantee of conformity
The Seller is required to ensure the conformity of the Products offered for sale on the Website when the Product is delivered and the Buyer may oppose the non-conformity of the Product delivered in accordance with Article L. 217-5 of the Code of the consumption. In accordance with Article L. 217-12 of the Consumer Code, the Buyer has a period of two (2) years from the delivery of the Product to report its non-compliance to the Seller.
The Buyer can choose between the repair and the replacement of the Product. The Seller may not proceed according to the Buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the Product or the importance of the defect presented by the Product in accordance with the Article L. 211-9 of the Consumer Code.
In accordance with article L. 217-10 of the Consumer Code, if the repair and replacement of the Product is impossible, the Buyer may return the Product to the Seller and be reimbursed its price or keep the Product and be returned part of its price.
The legal guarantee of conformity applies independently of any commercial guarantee, which could possibly be granted by the Seller to the Buyer.
8.1.2 Warranty against hidden defects
The Seller guarantees the Buyer against all hidden defects of the Product within the meaning of article 1641 of the Civil Code which would render the Product unfit for the use for which it is intended.
The Buyer can thus decide to implement this guarantee and choose, in accordance with article 1644 of the Civil Code, between the return of the Product against the return of its price by the Seller and the conservation of the Product in the state against the restitution by the Seller of part of its price.
8.2 Exclusion of warranty
The Seller's warranty is excluded in the event of deterioration of the Product due to use not in accordance with its intended purpose or due to the Buyer.
The Seller's warranty is also excluded if the Product is not returned to it in the condition in which it was delivered to the Buyer.
9.1 The sale of the Products does not transfer to you any intellectual property rights of the Seller and you acknowledge that the intellectual property rights of the Seller, whatever their nature, will remain the sole property of the Seller.
9.2 No provision of these GCS, nor of the orders which will be sent to the Seller, may be interpreted as conferring on you any right whatsoever over the intellectual property rights of the Seller other than that of using the Products.
10.2 Any natural person, proving his identity, can exercise his rights on the personal data concerning him and in particular his right of access, rectification, erasure, portability of the data concerning him and appearing in the files of the Seller, limitation of processing and/or opposition on request sent by email to firstname.lastname@example.org or by mail addressed to the company DAWAMI (10, rue Greneta 75003 Paris (France).
12.2 If a dispute with the Seller could not be resolved by the means indicated above, the Buyer may, in accordance with articles L.612-1 and following of the Consumer Code, have recourse to a consumer mediator. In this case, he may contact (to be completed with the name of the mediator), reachable at (contact details to be inserted) and will inform the Seller without delay.
12.3 For orders made on the Website, the Buyer may also present any complaints on the dispute resolution platform put online by the European Commission: http://ec.europa.eu/consumers/odr/.
12.4 Disputes that have not been resolved amicably between the Buyer and the Seller will be brought before the competent court according to the applicable French civil procedure rules.
Date of last update: April 27, 2022