Kulasap










 
The use of this website and any order to Kulasap implies your agreement with the following provisions.

Table of contents :

I - Jurisdiction and legal mentions
   1 - Property of the site and of its contents
   2 - Royalties on works of art
   3 - Copyright
   4 - Guarantees
   5 - Limitation of liability
   6 - Links to other websites
   7 - Inappropriate use of the website
   8 - Applicable rights and jurisdiction
II - General sales conditions
   1 - Orders and payment
   2 - Publication of photos and private elements
   3 - Estimates and invoices
   4 - Deadlines
   5 - Post and packaging
   6 - Private data

I - Jurisdiction and legal mentions

1 - Property of the site and of its contents

This site is the exclusive property of Kulasap. All the contents which are there presented or posted, including, without it being an exhaustive list, texts, graphics, images, illustrations and animations belong to them. All elements of the site, including, without it being an exhaustive list, design, the general structure as well as the contents, are protected by laws on presentation, copyright, moral rights, and by other laws concerning intellectual property rights. Apart from as part of explicit provisions of a contract with Kulasap, no part, no element of the website or of its contents can be copied or be retransmitted by any means and the website as well as its contents and all the pertaining rights remain the exclusive property of Kulasap.

2 - Royalties on works of art

Any form of use of works of Kulasap without her explicit assent is prohibited, and remains prohibited after their acquisition. The holder of royalties is the creator of the work, not its owner. In particular, the owner of work does not have any right of exploitation, of total or partial reproduction of works by Kulasap without her preliminary and explicit assent in any form, private as well as public. Any illegal or fraudulent use of works by Kulasap or of their reproductions on this site will give rise to legal proceedings. You can for information refer to the FAQ of the French "Maison des artistes" on its web site if you wish to know about the legislation in force in France.

3 - Copyright

The copyright of the full contents of this website is and remains the exclusive property of Kulasap. None of the documents can be modified and you should nor copy, neither distribute, transmit, post, carry out, reproduce, publish, concede a licence, create derived works starting from the contents, transfer nor sell these contents. Except as part of what is explicitly allowed by laws on the copyright, you do not have the right to re-use any contents without having obtained the prior assent of Kulasap. The use of resources from this website on any other website or on any data-processing environment is prohibited.

4 - Guarantees

This website is provided without any guarantees of any kind, explicit as well as implicit, and this concerns all fields governed by the applicable legislation. In particular, exactitude, exhaustiveness and topicality of information and of contents from this website is not guaranteed. Likewise, it is not guaranteed that all defects of this web site will be suppressed, nor that the hosting server is not infected by a virus or another potentially dangerous element. Kulasap has the right to suspend, modify and/or to remove the access to the contents of the whole website as well as of any part of it, including these rules, without preliminary notice and whithout incurring any liability.

5 - Limitation of liability

You are using this website at your own risks and dangers. Kulasap cannot be held for liable for any direct as well as indirect damages or others which would result from the use of this website, in particular impossibility to use the displayed documents, damages related to the potential presence of virus or others on the hosting server or of any inaccuracy or insufficiency of the information displayed on this website.

6 - Links to other websites

Links allowing you to visit other websites are not under the liability of Kulasap. You visit them at your own risks and dangers and Kulasap cannot be held for liable for any damages related to them.

7 - Inappropriate use of the website

This site cannot be used to post or transmit any document which constitutes or might constitute a counterfeit or a threat, which is outrageous, defamatory or undermines private life, which is obscene, pornographic, abusive, discriminatory or illegal or any likely document to constitute or encourage an offence or to violate the rights of anyone or which can give place to a civil liability or be in violation of a law. It is also prohibited to use this site with advertising aims without it being previously explicitely authorized to you by Kulasap. Consequently, any content contravening those conditions will be destroyed without advance notice.

8 - Applicable rights and jurisdiction

Those rules will be governed by the rights and laws in force in France and both parts are subjected by the present document to the not-exclusive competence of the French courts. If part of these rules becomes unjustified and worthless, it will neither affect the validity nor the executory character of the remaining provisions. The unjustified and worthless part will be replaced by valid and legally effective provisions .

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II - General sales conditions

1 - Orders and payment

The provider, Kulasap, sells his works for remuneration. Any order of any kind whatsoever, may the work preexist or not, unpaid within two weeks after the mutual agreement of the supplier and customer on its modalities will be considered canceled. All orders fully paid will be handled and can not be cancelled. You can deliberately choose not to receive the work, but your payment remains committed to Kulasap and will fiscally be considered as a donation. Reservation of a pre-existing work is possible for a period of one month on condition of the payment of 25 percent of the total due amount. In the case in which the order is cancelled after a seven days period following the reservation, that amount would remain permanently Kulasap's without possible recourse. In the case in which the order is cancelled within the seven days period following the reservation, this amount would be given back minus all costs due to banking systems and delivery.

2 - Publication of photos and private elements

As regards orders not pre-existing, in particular portraits, Kulasap will request permission to publish the components that were used to create them, especially the pictures, on the Internet, that is to say on her website and on any other site where she could promote her works. If no reply were to be received from you within three days after receipt of the order, your permission will be considered as implied. You can always give a negative answer later, in which case your request will be regarded within the limits Kulasap's and I. Serbis' power . It is also reminded that the copyright is inalienable, which means that the owner of the work has no right of exploitation, of total or partial reproduction of works by Kulasap without her preliminary assent and this under any case, private as well as public, even after acquiring the work. In particular, if the publication of photos that were used to make a portrait depends on your permission, the publication of the portrait does not depend on it and the latter can be used to create various publications and advertising items without your necessary permission. Kulasap however, in most cases, will accompany your desire not to publish photos by the the non-publication of the portrait. She is in no way obliged to do so and she may at any time, without any payable reason, decide to the publish her works.

3 - Estimates and invoices

Estimates and printings of an invoice on demand are free whenever they are sent by email. On the other hand, their P&P fees are at your own cost if you wish to receive them through the post office.

4 - Deadlines

Except as part of a contract signed by the customer and the provider with provisions which read the contrary, deadlines indicated by Kulasap are given for information. If because of, without it being an exhaustive list, an illness, an appointment, any unexpected or exceptional event or a flood of orders, the concerned deadlines were to be exceeded, you could not under any circumstances require repair. However, you will usually be informed of any considerable delay. The date of order to be considered is the date of receipt of the payment of all the necessary informations and of the necessary elements to make the order.

5 - Post and packaging

Orders will be sent by colissimo so that the provider has a valid proof of deposit and can ensure that the delivery of the package happens. Kulasap will provide you with the number of your package for its trace on the website of the French post office. Kulasap can not be held as liable for any delays, losses and deprivations from the post office, which is not under her jurisdiction. However, in cases where a considerable delay, a loss or a destruction is to be noted by both the provider and the customer, Kulasap may take to arbitrarily extraordinary measures without her being obliged to do so.

6 - Private data

In order to make orders easier, Kulasap keeps information that you provided her, namely your private postal and email adresses. In accordance with the legislation, you have a right to access and correct data which concern you. Kulasap will never provide anyone with those data. She is the only one to have access to them.


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