General condition of sale

KAMONN E-COMMERCE WEBSITE
Last updated: January 22, 2025

ARTICLE 1 - SCOPE AND PURPOSE

These general terms and conditions of sale ("Terms and Conditions") govern the contractual relationship between:

JPKM Gestion, a company registered with the Trade and Companies Register (RCS) under number 934 569 534 R.C.S. Lyon, with its registered office located at 36 rue Racine, 69100 Villeurbanne, France, represented by Mr. Jérémie PIALOUX, hereinafter referred to as "the Company."

The Client, any natural or legal person visiting the Company’s e-commerce website, accessible at kamonn.fr, and/or purchasing products via the website.

The website is operated under the artist's pseudonym "KAMONN." This artistic pseudonym is used solely for promotional and commercial purposes to represent the creative and artistic activities of the Company. It does not constitute an independent legal entity and has no legal status of its own.

By confirming an order on the website, the Client acknowledges having read and accepted these Terms and Conditions without reservation.

ARTICLE 2 - LEGAL INFORMATION ANOUT THE COMPANY

The Company JPKM Gestion is fully responsible for all commercial and legal activities associated with the e-commerce website kamonn.fr. Its legal details are as follows:

Corporate name: JPKM Gestion
Legal form: SASU
SIRET number: 93456953400019
Registered office: Rue Racine, 69100 Villeurbanne, France
Email address: art@kamonn.fr

The Company acts as a professional seller and assumes full responsibility for transactions made on the website, in accordance with applicable French and international regulations.

ARTICLE 3 - PRODUCTS

3.1. Original Artwork

Each painting sold is a unique creation by KAMONN, under the exclusive control of JPKM Gestion. These artworks:

Come with a certificate of authenticity, guaranteeing their exclusivity.
Cannot be reproduced in any form, at any time, even subsequently.
Are protected under the provisions of the French Intellectual Property Code (see Article 9).

3.2. Limited Edition Prints

Limited edition reproductions are strictly regulated:

Each print is numbered and comes with a certificate guaranteeing the exclusivity of the edition.
No additional prints will be made once the edition is sold out.

3.3. Merchandise

Merchandise products are designed using exclusive artwork inspired by KAMONN's creations. These products are subject to variable availability and are not accompanied by certificates of authenticity.

ARTICLE 4 - ORDERS

4.1. Ordering Process

Adding a product or artwork to the shopping cart does not constitute a reservation.
The availability of an original artwork or product is guaranteed only after payment is validated and the order is confirmed by KAMONN.

4.2. Order Confirmation

Once the Client confirms their order and payment is processed, the order becomes final and binding. A confirmation email summarizing the order details will be sent to the Client.

4.3. Irrevocability of Original Artwork Orders

Orders for original artwork cannot be canceled due to their unique nature.

ARTICLE 5 - PAYMENT

Payment is required at the time of ordering, via credit card, PayPal, or any other method offered on the website.
Payment data is never stored by KAMONN, in compliance with PCI DSS security standards and French regulations.
Any attempt at fraud or non-payment will result in the immediate suspension of the order and may lead to legal action.

ARTICLE 6 - DELIVERY

6.1. Delivering Methods

Original artworks are shipped using specialized carriers to ensure optimal protection.
Limited edition prints and merchandise are shipped by third-party providers, such as Creative Hub.

6.2. Shipping Insurance

All original artworks are shipped with insurance covering the risks of loss or damage during transportation.

6.3. Delays or Losses

In the event of delays or losses, KAMONN's liability is limited to taking the necessary steps with the carrier to obtain compensation. Claims will not be accepted if the issue is due to the Client (e.g., incorrect address, absence during delivery).

ARTICLE 7 - RIGHT OF WITHDRAWAL

7.1. Exclusion of Withdrawal Rights

Pursuant to Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to unique or personalized items, including original artworks and limited edition prints.

7.2. Eligible Products

The right of withdrawal applies only to merchandise, provided it is unused, in its original packaging, and returned within 14 days of receipt.

ARTICLE 8 - WARRANTY AND COMPLIANCE

If a product is defective or non-compliant, the Client has 7 days to file a claim via email at art@kamonn.fr.
If the defect is confirmed, the product will be refunded or exchanged within 10 business days.

Conditions for refunds or exchanges:

The product must be returned in its original condition, with intact packaging.
Transport-related defects or damages are covered only if photographic evidence is provided, and a claim is filed within the specified timeframe.

ARTICLE 9 - INTELLECTUAL PROPERTY

9.1. Protected Artwork and Content

All artworks, images, texts, logos, graphic elements, videos, and designs on the website are the exclusive property of KAMONN and are protected by copyright and intellectual property laws.

9.2 Prohibited Use

Any reproduction, representation, distribution, or exploitation, even partial, of the content or artworks on the website without prior written authorization from KAMONN is strictly prohibited and may result in legal action.

9.3. Ownership of Original Artwork

Purchasing an original artwork does not grant the Client the right to reproduce, distribute, or commercially exploit the work. Copyrights remain exclusively with KAMONN.

ARTICLE 10 - DATA PROTECTION (GDPR)

10.1 Data Collection and Use

Personal data collected on the website (name, address, email, phone number) is used solely for processing orders and sending information related to KAMONN’s activities (newsletters, exhibitions, promotions).

10.2 Data Security

KAMONN implements all necessary measures to ensure the security of personal data, in compliance with the General Data Protection Regulation (GDPR).

10.3. Client Rights

The Client has the right to access, rectify, delete, and oppose the processing of their personal data. To exercise these rights, they can contact art@kamonn.fr.

ARTICLE 11 - FORCE MAJEURE

KAMONN cannot be held liable for delays or failure to fulfill its obligations in the event of force majeure as defined in Article 1218 of the French Civil Code (natural disasters, strikes, pandemics, etc.).

ARTICLE 12 - MEDIATION AND DISPUTE RESOLUTION

In the event of a dispute, the Company and the Client will seek an amicable resolution as a priority.

Mediation: Pursuant to Article L612-1 of the French Consumer Code, the Client may use a mediator free of charge to resolve the dispute. The mediator’s contact details will be provided upon request.

Failing an amicable resolution, any dispute will be subject to the exclusive jurisdiction of the courts in the jurisdiction of the Company’s registered office.

ARTICLE 13 - APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by French law. In the event of a dispute, and failing an amicable resolution or mediation, the competent courts will be those located in the jurisdiction of the registered office of JPKM Gestion.

ARTICLE 14 - CONTACT

For any questions regarding these Terms and Conditions or to exercise their rights, the Client may contact:

Email: art@kamonn.fr
Postal address: 36 rue Racine, 69100 Villeurbanne, France