General Terms and Conditions for sale for Olka Schok's Art-boutique

Site Editor and Host Information (Legal Notice)

Site Editor : The Artist
This Art-boutique is published by:
Name: Olka Schok / Aleksandra Kubuschok (EI)
Registration Number 492 883 640 00038
Address : 12 rue Henri Frenay, 67200 STRASBOURG
Director of Publication: Olka Schok
Contact: olka.schok@gmail.com

Website Host
The website https://olkaschok.com/ is hosted by:
Host Name/Company Name : HOSTINGER

Web design

The graphics and animations remain the property of Olka Schok and are subject to copyright and intellectual property rights.
The website was created and produce for Olka Schok by BBCG Communication digitale

Welcome to Olka Schok's Art-Boutique!

1. Application and Acceptance of the T&CS

These General Terms and Conditions of Sale ("T&CS") govern all sales transactions concluded between Olka Schok ("The Artist," "We," "Us") and any non-professional individual or entity ("The Client," "You") making a purchase on the website https://olkaschok.com/ (the "Website").

Acceptance: Placing an order on the Website implies the Client's unreserved and full acceptance of these T&CS.

Modification: The Artist reserves the right to modify these T&CS at any time. The applicable T&CS are those in force on the date of the order.

2. Products (Artworks)
The products offered for sale are original artworks (embroidered paper drawings) in limited editions, created by the Artist.

Description: Each Artwork is presented on the Website with an accurate description of its essential characteristics (dimensions, medium, technique, weight, year of creation).

Photography/Representation: Photographs and descriptions are provided for informational purposes only. Given the unique nature of original artworks, slight variations in colour or appearance between the photo and the actual work may occur. The Artist cannot be held liable for these variations.

Availability: Artworks are offered within the limits of available stock. If an Artwork is already unavailable, after the order is placed, the Client will be immediately informed, and a refund will be issued.

3. Prices and Payment

3.1 Prices

Currency: Prices are displayed in Euros (€). The prices indicated on the website, in emails or during various Olka Schok advertising campaigns are non-binding and are subject to change in the event of a product update.

If, for any reason, an incorrect price is indicated to the customer when placing their order, only the price in force shall prevail; in this case, the customer shall have the option to cancel their order.

Taxes: Prices are indicated inclusive of all taxes (TTC - including VAT) if the Artist is not subject is not subject to VAT, so the prices are listed as exempt from VAT, with the legal notice: "VAT not applicable," Art. 293 B of the French General Tax Code.
The prices indicated include packaging costs and postage for delivery in France or abroad.

3.2 Payment

Methods: Payment is due in full on the day the order is placed. if the Client pay by credit card; but if the Client has a Pay Pal account the payments may be splited.

Security: Payments are secured by a service provider by PayPal.
The Artist does not have access to the Client's payment data.

4. Order and Contract Formation

Orders placed via the website are only valid for billing and delivery addresses located in the countries listed on the order form.
The purchase contract is considered concluded when the Client validates the payment, and the Artist sends an email confirming the order.
The Artist reserves the right to refuse any order from a Client with whom there is a dispute regarding a previous order.

5. Shipping and Delivery

5.1 Shipping Costs

Shipping costs for Europ are already included in the price.

5.2 Delivery Time

Olka Schok undertakes, in the event of acceptance of an order, to sell and dispatch to the address specified by the Customer the products selected by the Customer when placing the order.

Delivery Period: The delivery period is from 2 to 7 days for France, and from 4 to 20 days for international from the date of shipment, depending on the carrier and destination.
Packages are shipped by our carriers La Poste or other carriers such as Fedex/TNT, UPS, DHL, etc. Delivery times are those indicated by our carriers.

Olka Schok cannot be held responsible for delays in delivery times under any circumstances. Any delays in delivery do not entitle the buyer to claim damages. Olka Schok delivers to the delivery address provided by the Customer when placing their order on the Olka Schok website. The information provided by the Customer when placing the order is binding: in the event of an error in the recipient's contact details, Olka Schok cannot be held responsible for any inability to deliver the product.

Late Delivery: In the event of a delay attributable to the Artist or the carrier, the Client may contact the Artist to resolve the issue. If the delay is significant and not due to force majeure, *** the Client may request the cancellation of the sale under the conditions provided for by French law (L. 216-2 and following of the Consumer Code).
*** The following are considered cases of force majeure that release Olka Schok from any obligation to fulfil a Customer's order: strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises or other property, transport disruptions, supply difficulties, customs measures of any nature or origin, or any other fortuitous event that prevents or delays, in whole or in part, the performance of Olka Schok's obligations.

In the event of non-delivery of an order or part of an order, the Customer has a maximum of three months from the date of dispatch to contact Olka Schok.

Beyond this period, Olka Schok will not accept any claims.

5.3 Risk Transfer

The risks of loss or damage to the Artwork pass to the Client upon physical possession of the Artwork.

The customer must check that the goods delivered comply with the order at the time of delivery and before signing the carrier's delivery note.

In case of damaged package: The Client must refuse the delivery or clearly note the damage on the delivery slip (e.g., "Package damaged, corner crushed") and immediately inform the Artist.

In the event of a dispute at the time of delivery of the parcel, the recipient shall make reservations to the carrier on the delivery note.

This dispute must be reported by registered letter with acknowledgement of receipt addressed to Aleksandra Kubuschok (Olka Schok) within 48 hours (working days).

Without this express reservation, the Artist will not be able to process a claim against the carrier.

6. Right of Withdrawal (French Consumer Code)

In accordance with French law (Article L. 221-18 of the Consumer Code), the Client has a right of withdrawal:

Period: The Client has fourteen (14) calendar days from the day the Client or a third party designated by the Client (other than the carrier) takes physical possession of the Artwork to exercise their right of withdrawal, without having to provide any reason.

Procedure: The Client must notify the Artist of their decision to withdraw by email to olka.schok@gmail.com or by using the model withdrawal form provided at the end of
these T&CS.

Return: The Artwork must be returned to the Artist at the Client's expense, in its original condition, packaging, and accompanied by the invoice, no later than fourteen (14) days following the notification of withdrawal.

Refund: The Artist will refund the total amount of the order (price of the Artwork and initial standard delivery costs) within fourteen (14) days from the date the Artist is informed of the Client's decision to withdraw, subject to having received the Artwork back or proof of its shipment.

7. Transfer of ownership.

The seller retains full ownership of the products sold until full payment of the order amount. However, upon delivery, the risks of loss or damage are transferred to the buyer.

8. Legal Guarantees (France)

All Artworks benefit from the legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the Civil Code), allowing the Client to return defective or non-conforming Artworks.

8.1 Legal Guarantee of Conformity

The Client has a period of two (2) years from the delivery of the Artwork to act. The Client may choose between the repair or replacement of the Artwork, subject to the conditions of cost provided for in Article L. 217-9 of the Consumer Code.

The Client is exempted from proving the existence of the lack of conformity of the Artwork during the twenty-four (24) months following the delivery of the Artwork.

8.2 Guarantee Against Hidden Defects

The Client can implement the guarantee against hidden defects of the sold Artwork within two (2) years from the discovery of the defect.

In this case, the Client can choose between the resolution of the sale or a reduction of the sale price (Article 1644 of the Civil Code).

9. Intellectual Property

All elements appearing on the website are protected by copyright, trademark law and any other intellectual property rights. No reproduction and/or adaptation may be made without the authorisation of Olka Schok - Aleksandra Kubuschok.

The photographs of artworks, texts, videos, graphics and logos contained on this website are the exclusive property of visual artist Olka Schok and constitute intellectual works protected by Articles L.111-1 et seq. of the Intellectual Property Code.

You may view the items via your web browser for personal and private purposes only (as defined in Article L 122-5, paragraph 2 of the Intellectual and Artistic Property Code).

Any use or public dissemination other than those specified above is strictly prohibited, except with the prior written consent of Olka Schok (address above). This prohibition applies in particular to the reproduction, in whole or in part, of tables or the extraction of elements from the databases used and presented by the Olka Schok website.

Without prior written request, the public distribution of a reproduction or copy of artworks (via blogs, Facebook, Instagram or other community web platforms) is liable to legal proceedings. Simply citing the name of Olka Schok is not sufficient to grant authorisation for distribution or publication.

The user agrees to use this information for personal purposes only. Any other use is strictly prohibited. This information is provided for informational purposes only. Olka Schok cannot be held liable for any errors, omissions, misuse or damage, whether direct or indirect, resulting from the use of information contained on this website. The user is solely responsible for the use of any information.

The olkaschok.com website is merely an intermediary between you and the works presented on the site. Consequently, we cannot guarantee the availability of each artwork. Please contact us to request a catalogue of artworks available for sale.

The Artist, Olka Schok, retains all moral and property rights concerning the creation of the artwork.

The sale of the physical artwork does not transfer the intellectual property rights associated with it (right of reproduction, right of public presentation, etc.).

The Client may not reproduce, represent, or publicly use the artwork without the express prior written authorization of the Artist.

Penalties
The use of all or part of the website, in particular by downloading, reproduction, transmission, screen capture, representation, or distribution for purposes other than the personal and private use of the internet user is strictly prohibited.

Violation of these provisions subjects the perpetrator to the penalties provided for by the Intellectual Property Code, in particular for copyright infringement (Article L.335-3) and trademark infringement (Article L.716-9), as well as by the Civil Code in matters of civil liability (Article 9, Articles 1382 et seq.).

By using this site, you implicitly accept the terms of use described on this page, without prejudice to any contractual and/or tortious remedies that may be exercised by www.olkaschok.com Any dispute concerning the interpretation or execution of a contractual commitment provided for in the texts on this site shall fall within the exclusive jurisdiction of the French courts applying French law.

The links provided on this website are for information purposes only, and Olka Schok cannot be held responsible for their content. The website was created and developed by BBCG Communication Digitale.

10. Personal Data

The Artist processes the Client's personal data for order management purposes.

This processing is carried out in compliance with the General Data Protection Regulation (GDPR). Please refer to the Privacy Policy section of the Website for detailed information10.

11. Disputes and Applicable Law.

Applicable Law: These T&CS are governed by French law.

Mediation: In the event of a dispute, the Client must first contact the Artist by email to attempt an amicable resolution. If no amicable solution is reached, and in accordance with Article L. 612-1 of the Consumer Code, the Client has the right to use, free of charge, a consumer mediator for disputes that may arise during the execution of the sale contract. The Artist's mediator is: [Indicate the full contact details of the Mediator the Artist is legally affiliated with, e.g., the CNPM Médiation Consommation, which is mandatory for French sellers].

Jurisdiction: In the absence of an amicable agreement or mediation, all disputes related
to the interpretation or execution of these T&CS shall be subject to the exclusive
jurisdiction of the competent French courts.

Appendix: Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)
To Olka Schok: olka.schok@gmail.com
I hereby notify you of my withdrawal from the contract concerning the sale of the Artwork described below:
Artwork Reference or Name:
Order Date:
Order Number:
Date of Receipt of the Artwork:
Client Name:
Client Address:
Client Signature (only if the form is submitted on paper):
Date: