GENERAL INFORMATION
Definition
Kolkhoze is a collectible design gallery based in Paris, France. Kolkhoze references only original pieces, certified by the artists and the designers, The pieces are one-of-a-kind, in limited serie or in numbered edition – see below “Pieces”. Kolkhoze allows their purchase by direct order or by online order through its website kolkhoze.fr – see below “Service”.
Implementation and acceptance of the general terms
The present general terms of sale apply to all sales of Pieces enacted by direct ordering or through the website Kolkhoze.fr.
By ordering, the Client is aware and agrees with the applicable terms and conditions.
“Kolkhoze.fr” Site operator, see below “Website”
The website is ran by the company Kolkhoze, a SAS (French simplified limited liability company) with a capital of 100,000 euros, registered at the RCS of Paris under the number 819 665 068. The head office is located at 72 rue des Archives 75003 Paris, France. For more information, contact us via our contact form.
CHARACTERISTICS AND IMAGES OF THE PIECES
The Pieces referenced by Kolkhoze are contemporary collectables – available in unique, limited or numbered edition – and are considered singular and unique creations.
Therefore, depending on the nature of the materials used, the finishing touches can vary from one item to the other. For this reason, no exchange will be accepted.
Photographs and high-resolution images of the Pieces are available on the website. Small differences may exist between the photographic representation of the piece and the Piece itself. These small differences will not be considered a flaw and no order can be contested or returned on this ground.
ONLINE ORDERS
Clients wanting to use our Service and order a Piece on the website can order directly or register and create a personal account.
Opening a personal account
To create an account, select “My Account”. The user must provide the requested information, i.e. choose a username, a password, and tick the box agreeing to the terms and conditions of sale. The Client guarantees that the information provided in the application form is true and genuine.
Once the Client has registered, an account is created in their name. They can access it at any given time with their username and password. This account allows them to manage Service and track their order(s) on the website.
Following the current regulations, Kolkhoze is committed to the protection of its clients’ personal data. However, if the Client’s information were to be erased – due to unfortunate circumstances, power failure, or other unforeseen events – when agreeing to the terms and conditions, the Client acknowledges that Kolkhoze would not be held responsible.
Online ordering
To order an Item, the Client has to select a Piece – of any quantity – and add it to their basket.
Each order placed in the basket gives the client a chance to review the description of the Piece, and the price before and after taxes.
When ordering, the Client can collect the item himself, or ask for a quote for a delivery – please see terms in the article “COLLECTION AND DELIVERY”.
If the client requests a delivery quote, he is required to fill in the form with the desired delivery address and instructions if needed.
In order to confirm the order, the client is requested to confirm his billing details, pay – in accordance with the terms of the article “PRICE AND PAYMENT”. An email accepting the payment is sent automatically.
If payment is not received within 5 working days from the date and time of the order placement – the sale will be cancelled.
Confirmation of the online order
The client will receive a confirmation email of the order within 3 working days after the payment has been received and the availability of the Piece(s) have been checked.
If an item is temporarily unavailable at the time of order, Kolkhoze will suspend the order and will inform the client of the new delivery period, depending on the time needed to make a new Piece. If the client does not agree to the new terms within the next 3 working days, Kolkhoze will send an email confirming the cancellation of the order and the payment will be cancelled.
If the item is indefinitely unavailable when the order is placed, Kolkhoze will send an email confirming the immediate cancellation of the purchase and of the payment.
Availability
Kolkhoze emails the Client as soon as the Pieces are available for collection at the pick-up address, or when the delivery starts for the Client’s address – in accordance with the terms of the article “COLLECTION AND DELIVERY”.
PRICE AND PAYMENT
Prices
The prices are in euros, VAT excluded. They do not include the delivery costs, which will be subjected to quotation – see the terms in the article “COLLECTION AND DELIVERY”.
The entire cost of the Piece, except for delivery fees, is due at the confirmation of the order, unless otherwise discussed in the case of specific agreement for particular situations.
When ordering, the French VAT will apply on the summary statement for orders placed inside the European Community. Only the price pre-tax will appear on the summary statement for orders placed outside of the European Community. The possible customs fees, local taxes, import duties and State taxes are the responsibility of the Client – so is the declaration and payment to the local authorities and organisations.
Some Pieces – for example the Pieces in limited edition for which the price may vary depending on the number of items – are displayed without any indication of price or may contain a price range.
The prices can change at any given point at the discretion of Kolkhoze.
Secure payment
The payment of the Pieces or the delivery fees are done through an online bank transfer or credit/debit card. Kolkhoze uses the cyber commerce payment platform Systempay, – designed by Natixis – which complies to the safety standards of long distance sales (PCI-DSS).
Payment by credit/debit card is done through a secure transaction 3DSecure – Visa and MasterCard protocol – which creates an encrypted connection between the Client and the Bank. Kolkhoze does not have any access to the confidential payment information of the client.
The Client guarantees that they have the necessary authorization to use the means of payment selected.
In the case of non-payment, default in payment, fraud, or attempt of fraud regarding Service usage, Kolkhoze retains the right to suspend or cancel the order.
Late payment penalties
Under the articles L441-3 et L441-6 of the French Code of Commerce, late payment penalties corresponding at a rate equal to three times the statutory rate of interest, and a flat-rate allowances of 40 €, will be applied to the Client without prior formal notice.
RETENTION OF TITLE
According to the present clause of retention of title, the sold Piece remains the property of Kolkhoze until the full amount has been paid – including delivery fees if applicable.
COLLECTION AND DELIVERY
The Client can choose between collecting their order themselves or have their order delivered to their final destination.
In the case of collection, the client will receive an email from Kolkhoze informing them when it is available and the address and the conditions of pick-up. The Client has 30 days to collect their order. Beyond this time, Kolkhoze could bill storage fees to the client.
If the Client asks for a delivery, Kolkhoze will send the quote including the packing, the insurance, the freight and if any, the custom clearance fees.
When asking for the delivery quotation, it is the responsibility of the Client to make sure that dimensions of the Piece are compatible with its destination. The Client – or another appointed contact – must be present for the delivery and make sure that the Piece has been received. The Client has to make sure that their personal details – phone number, delivery address, email – are up to date. In case of a mistake in the delivery process, such as delivery address or lack of access, the Client will be the only party responsible and will incur further delivery fees for a new delivery of the Piece.
RETURN AND EXCHANGE
In case of collection, the Client or his carrier have to check the good state and the conformity of the Piece. After pick-up, no reclaim could be accepted.
In case of delivery by Kolkhoze and their shipping partners, any claim regarding insured goods needs to be sent to Kolkhoze under 48 hours after shipment reception (with goods pictures and delivery note with remark). Any over-delayed claim will be rejected. If the dispute leads to a refund, Kolkhoze will refund the price of the sale, as well as the delivery and return costs if applicable.
Cancellation and right of retraction
Kolkhoze cannot accept any cancellation or return for the Pieces that are built on demand. After the confirmation of the order, no refund can be accepted and the full payment of the order is due.
For the Pieces in stock with an online order through Kolkhoze.fr, the Client has 14 days after receiving the item to send it back. The Client can use their retraction right with Kolkhoze after sending an email to info@kolkhoze.fr.
Kolkhoze will refund the order, with the delivery costs included. The return costs remain the customer’s responsibility. The Piece must be sent back intact, in its original packaging, and returned in the exact condition it was received.
The right of retraction does not apply if: the piece has been built on demand, or if the Client is not part of the European Economic Area (member states of the European Union as well as Iceland, Norway and Liechtenstein), in accordance to the current regulation.
PERSONAL DETAILS
Kolkhoze collects its Clients’ personal data for its Service: this includes the opening of a personal account, the processing of the order and the registration to the newsletter. The personal details are computerized. The details collected are used and shared by Kolkhoze only for managing the orders, to send the occasional newsletter and the completion of the service.
The right of access, correction, removal, and opposition for legitimate ground of these nominative and personal details – as stated in the Law n°78-17 of the 6th of January 1978 modified related to computing, files and freedom – may be exercised by the Client through a letter addressed to Kolkhoze, 72 rue des Archives 75003 Paris. Declarant Number CNIL: 1987752
INTELLECTUAL PROPERTY
All the elements of the current website belong to Kolkhoze and/or their partners, and are protected by intellectual property legislation. Any reproduction of elements from the website is forbidden, unless otherwise agreed with Kolkhoze.
APPLICABLE RIGHT – JURIDICTIONS
The present terms and conditions are subject to French law being applied.
In case of disputes related to the interpretation or execution of the present terms and conditions, French tribunals will be the only arbitrator.
COMMENCEMENT DATE
The present terms and conditions are applicable from the 1st of October 2016