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CONTACT

EI EL Katialogue
Katia Moogin
Manager Artist Designer
ktia.mr@gmail.com
66000 Perpignan, France
www.katialogue.com

With years of experience in customer service, Katialogue places great importance on availability, attentive listening, support in your procedures on the platform, and a more human exchange. It invites you to familiarize yourself with the following terms of sale, usage, and data protection. For any questions or information, the customer service team remains available and attentive, from 9 AM to 8 PM, Monday to Saturday.

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Customer Service

GDPR&GCS/U©  Date of last update  October 9, 2024, published by Katialogue, written by its Manager.

Article 1 - Contractual object

Katialogue is a French Sole Proprietorship, founded in December 2021 and managed by Katia Moogin, trilingual, graphic designer graduated from DNMADE and artist. Registered SIRET N°90849744900011, APE code 7410Z Specialized design activities, artist-author regime, VAT FR36908497449. Headquarters located in Perpignan in the Pyrénées-Orientales department, southern France, northern Catalunya.

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Katialogue, is a workshop invested in the visual experience. Art and Design activity sector, offering a provision of services in graphic design, advice and creation in visual communication. A pattern transfer partnership for textiles, decoration and stationery. The sale of works printed on wall paper and a gallery of works. On a local, European and international level.


The present conditions govern online sales and services, by the company EI EL Katialogue, on the website and domain name katialogue.com, hosted on Wix.com ; as well as access, navigation and use of this same website, owned and governed by Katia Moogin, administrator and web designer of this website.

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By browsing, using and placing an order on the site you indicate that you have read and accepted these general conditions of use and online sales and confidentiality policy, and that you agree to respect them at all times.

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useful documents to download

GDPR

Data Privacy

Policy

GDPR

Data Privacy

Policy

Article 2 - Intellectual property ©

All elements of the Katialogue.com site are and remain the intellectual and exclusive property of the Katialogue company.
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the website, whether software, visual, textual or audio.

Any simple or hypertext link is strictly prohibited without the express written consent of Katialogue.
In accordance with the Intellectual Property Code (IPC) of July 1, 1992, intellectual works categories, (IPC, art. L112-1 and L112-2) all goods are protected by copyright.

Certain orders, such as visual communication projects, have a right to transfer paid operating rights defined by a contract.
In its decision No. 2006-540 DC of July 27, 2006, the Constitutional Council considered that intellectual property rights, and in particular copyright and related rights, fall under the property right which appears among the rights of man enshrined in article 2 of the Declaration of the Rights of Man and of the Citizen of 1789.
This property is intangible in nature. Thus, it is appropriate to dissociate the fate of copyright relating to an intellectual work from that of the material medium in which the work is incorporated.

As such, the sale of the material support of the work (for example, a painting) does not entail the transfer of the copyright relating to this work (IPC, art. L131-3).
The purchaser undertakes to respect the law of March 11, 1957 on the protection by the law of Literary and Artistic Property, as well as the law of July 14, 1909 on the protection by the law of Industrial Property, to which are added neighboring and software rights extended by the law of July 3, 1985, included in the Intellectual Property Code (IPC) of July 1, 1992.
The purchaser undertakes to respect the perpetual, inalienable and non-transferable copyrights, established by article L.111-1 of the IPC concerning the respect of moral rights (IPC, article 121-1), including the right to name, the right to respect for the work, the right of disclosure and the right of repentance specific to the author.
The sponsor, client or purchaser, undertakes to remunerate the provision of a service rendered or a transferred exploitation right,
the remuneration of which has been specified in the contract for the transfer of property rights, in accordance with article L112-3, L112-2 of the IPC and article 21 of the law of 1957, as well as to pay in full for an order in accordance with these general conditions of sale and article L221-5 of the Consumer Code.

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GCS/U

General

conditions

of sale and use

GCS/U

General

conditions of

sale and use

Article 3 - User rights, personal data, accounts and subscriptions

The minimum age for browsing the katialogue.com site is 10 years old. Users agree that by browsing the site they are over 10 years old. The age for using the site and creating an account to make payments must reach legal majority in your territory. Katialogue assumes no legal responsibility for false statements about age.

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The katialogue.com website is created on Wix.com, a highly secure, Cloud-based web development platform that brings together millions of users around the world.

Wix makes it easy for anyone to create a professional-looking website. Data collection is carried out through and for the website katialogue.com but also on wix.com.
Please review the wix.com privacy policy at https://fr.wix.com/about/privacy

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The Katialogue company reserves the right to collect nominative information and personal data concerning you.
They are necessary to manage your order, as well as to improve the services and information that we send to you.

They may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

The collection of your personal data is essential for the conclusion of a contract as well as the execution of contractual obligations and services.

If you do not provide us with the requested information, neither the conclusion of a contract nor other contractual services will be possible.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

 
The purposes of data processing on the katialogue.com website are as follows:


1. Customer file/Contact form: Personal information, personal details and bank details under your authorization. Conservation of private and secure data until the customer account is closed on the katialogue.com website. Secure archiving and proof of data relating to executed contractual obligations and purchase orders.


2. Specification sheet: Data collected when requesting a quote by email. Nominative information and personal contact details relating to the customer file and the company and the characteristics of the project or order concerned. Private, secure information essential to the execution of a contract and subject to the bilateral confidentiality contract.

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3. Analytical data and reports, use of cookies: In order to improve customer service, discover who the new visitors are to the katialogue.com website and study your behavior in order to make your browsing and use of this website more pleasant, we collect through analytical reports a certain amount of data and information about the device you use to access our website. This includes the following data: IP address, Operating system, Browser type and version, Date and time and country of access.

 

The reports carried out are as follows:

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a. Traffic reports to discover how visitors navigate on and around the website.

b. Behavior reports explore how visitors interact with the website, dwell time.

c. People reports enable to discover who the visitors, contacts, members and customers of the site are. Are they new to the site? Have they already placed an order?

d. Possible partial reporting enabled by Wix cookie banners that do not report visitor data until visitors have actually given consent to place analytics cookies on their device. A cookie is an IT tool that makes it possible to trace and analyze the behavior of a user on the internet (their navigation on the internet, on a website, in an application, etc.). Cookies are subject to the consent of internet users having the purpose of personalizing advertisements, others are linked to social networks. The consent given by the customer is recorded for a maximum of 13 months.

e. Other personalized data collection reports by the company Katialogue: data collected by filling out online MCQ forms and by consent of users and visitors. Personal information intended to know your tastes and preferences, your vision and your culture, your needs and objectives, in order to improve the quality of customer services, the company’s advertising communication, the ergonomics of the website and to advance research in design and semiology, to better meet your communication objectives while advancing the latter and creativity in common sense.

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Your rights regarding the protection of your personal data:

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1. In accordance with the law of January 6, 1978, and within the framework of the GDPR, you have:

a. The data subject’s right of access (article 15 of the GDPR),
b. The right of rectification (article 16 of the GDPR),
c. The right to erasure (article 17 of the GDPR),
d. The right to limitation of processing (article 18 of the GDPR),
e. The right to object (article 21 of the GDPR),
f. The right to lodge a complaint with a supervisory authority (article 77 of the GDPR),
g. From the right to data portability (article 20 of the GDPR)
In the event of disputes or requests concerning the rights mentioned above, you can lodge an appeal directly on the website with the data controller Katia Moogin, administrator of the website and manager of the company Katialogue, or by email. at ktia.mr@gmail.com, or submit a complaint to a supervisory authority, or file a complaint with the CNIL.

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2. In accordance with Article 6 of the GDPR:

a. To the extent that we obtained the consent of the data subject to the processing of personal data, Article 6(1)(1)(1A) GDPR applies as the legal basis.
b. If the processing of personal data is necessary for the performance of a contract with the data subject or for pre-contractual measures taken by the data subject, Article 6(1)(1b) of the GDPR applies as the legal basis.
c. If the processing of data is the result of a legal obligation to which we are subject, then we refer to Article 6, paragraph 1, subparagraph 1c of the GDPR as the legal basis.
d. When personal data are processed in order to protect the vital interests of the data subject or another natural person, the legal basis is Article 6(1), first subparagraph (GDPR).
e. If the processing of data serves a task of public interest or is carried out in the exercise of public authority, we refer to Article 6 (1) first subparagraph of the GDPR.
f. To the extent that the processing of personal data is necessary to safeguard the legitimate interests of the controller or a third party, without prejudice to the interests, fundamental rights or freedoms of the data subject, Article 6, paragraph 1, first paragraph of the GDPR applies as the legal basis.

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When you become a client at Katialogue you agree to the following:


1. That you accept the collection of your personal data necessary for the management of your orders and the execution of contractual obligations, as well as to improve your use of the katialogue.com website, and
2. That you accept that your personal information and information necessary for processing an order is transmitted to the companies responsible for contributing to contractual obligations and the execution, management, processing and collection procedures of orders, and
3. That all the personal information you provide to us is up-to-date, accurate, and truthful, and that you will notify us if any updates are needed when your personal information changes, and
4. That you are obligated to respect all fundamental rights, the right to image, the right to privacy, and the freedoms of the company Katialogue. Any defamation, slander, or insult is prohibited and punishable under the Penal Code, and
5. That you have the ability to terminate any partnership at any time, without justification or mandatory notice periods, and
6. That you have read these general conditions and confidentiality policy, and
7. That you have read and accepted the conditions of use, collection and purpose of data processing.

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Only the customer file containing your collected data necessary for the management of your order is visible to the administration and is used solely for commercial purposes related to meeting your needs and orders restricted to the company Katialogue. You have the option to oppose it at any time.

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Article 4 - Archiving Evidence

The Katialogue company will archive purchase orders, quotes, projects and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

Article 5 - Responsibility

The products offered comply with current French legislation.
The Katialogue company cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered.

It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.

Furthermore, the Katialogue company cannot be held responsible for damage resulting from improper use of the product purchased or from any problem resulting from any irregular use of the katialogue.com website.

Finally, the Katialogue company cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

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Article 7 - Rates and fees

In accordance with article L221-5 of the Consumer Code, the seller undertakes to provide the goods and services described below in the conditions of said contract General Conditions of Sale, in return the buyer undertakes to pay the price in its entirety.

 

The service fees, are charged at €40 per hour excluding taxes, with applicable VAT at 5.5% or 10% if followed by a transfer of exploitation rights, and excluding processing, shipping, and travel expenses.
The total amount of a graphic design project or the transfer of one or more patterns from the «pattern» page catalog will be established by a quote in euros, including all taxes, remunerated transfer rights, and travel expenses billed based on the distance traveled, sent by email or in person.


The price of wallpapers is estimated per square meter in euros, including all taxes, with a VAT of 20% indicated on the «wallpapers» page. Unless otherwise specified, shipping costs and other taxes applicable on the order date, such as processing fees and customs duties for shipments outside the European Union, are included in the indicated VAT-inclusive price.


The price of a work created or made at the request of the client is provided in euros, including all taxes with a VAT of 5.5%, after placing an order on the «gallery» page. Unless otherwise specified, shipping costs and other taxes applicable on the order date, such as processing fees and customs duties for shipments outside the European Union, are included in the VAT-inclusive invoice.

 

In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be payable.

These rights and sums do not fall within the responsibility of the Katialogue company.
They will be at your expense and are your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country.

It is advisable to obtain information on these aspects from your local authorities.

 

All orders regardless of their origin are payable in euros.

The Katialogue company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.

The products remain the property of Katialogue until full payment of the price subject to non-transferable copyright.

Attention: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

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Article 6 - Compensation

As a user, you indemnify by these general conditions of online sales and use of the website katialogue.com from any liability, any cost, any cause of action, any damage or any expense arising your use of this website or your violation of any of the provisions set out herein.

Article 9 - Delivery

For pattern licensing and graphic design projects, the final result and digital files will be sent via email through WeTransfer.


Physical communication materials, wallpapers, and artworks will be delivered either in person or to the delivery address specified during the ordering process.


Deliveries are carried out by carriers, and therefore the company Katialogue cannot be held responsible for delivery delays solely due to the client’s unavailability after several appointment proposals.

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In the event of a shipping delay, an email will be sent to you to inform you of a possible impact on the delivery time indicated to you.

In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the conditions and procedures defined in article L 138-2 of the Consumer Code.
If in the meantime you receive the product we will reimburse it and the delivery costs under the conditions of article L 138-3 of the Consumer Code.

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Article 8 - Order conditions

For any order, whether it is – a graphic design project, a pattern licensing partnership, the creation or purchase of a work of art, or wallpaper purchase – a quote and invoice will be prepared.

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To place an order, click the button on the relevant service page and fill out the form to be sent.
This will be sent to the email address ktia.mr@gmail.com, from which the order will be processed, initiated, billed, and tracked.

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You can make an appointment via the email address mentioned above, indicating your name or company, telephone number to contact, email address, please indicate the subject of your request and choose a time slot of availability in order to be called back, Monday to Saturday from 9 a.m. to 12 p.m. and from 2 p.m. to 7 p.m., at the MER (Connection) rate of €0.12 including tax/min.

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The consumer, as purchaser of an original creation, undertakes to respect the perpetual, inalienable and non-transferable copyrights, established by article L.111-1 of the IPC concerning respect for moral rights, article 121-1 of the IPC, including the right to name, the right to respect for the work, the right of disclosure and the right of repentance specific to the author.

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Article 12 - Payment terms

Katialogue is no longer an online store but a workshop that will take orders in a more human way. That is to say, from creator-service provider to client, by appointment, either in person or by phone and primarily via email. Utilizing payment by link through the secure SumUp platform.

 

All payments are made digitally through the highly secure payment system via link from the bank SumUp. A unique link with the amount of your order will be sent directly to you by email for online payment by credit card. Following this, you will receive a confirmation email with the corresponding invoice.


The card will be charged at the time of the transaction.


The validation of your order will serve as your signature and acceptance of the operations performed, implying your obligation to pay the indicated amount.


Before the execution of a visual communication service or a commissioned artistic creation, signing the estimate implies your obligation to pay a 25% compensation deposit before the start of the project, and the remainder of the total amount including VAT, if the project is completed, upon finalization.

Whatever the nature of the order:

 

The purchaser undertakes to respect the copyrights established by article L.111-1 of the IPC and the property rights assigned to him, defining his exploitation rights.

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He undertakes to only use the reproduction rights set out in article L122-3 of the IPC and the representation rights set out in article L122-2 of the IPC, prescribed in the transfer contract.

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Article 10 - Pre-order, Validation and Order Confirmation

Katialogue is no longer an online store but a workshop that will take orders in a more human way. That is to say, from creator-service provider to client, by appointment, either in person or by phone and primarily via email. Utilizing payment by link through the secure SumUp platform.


Before sending your order form,
please check that all the entered information is correct, as well as the requested product or service.


Once the order is received
via email at ktia.mr@gmail.com a response will be sent to your email to discuss your request and validate the order's acknowledgment, provide the quote or order form, the payment method, and the corresponding invoice.


It is advisable to consult your services in case of a major IT problem
not related to the management of the katialogue.com website and to verify your transactions with your bank or relevant organizations.


The contractual information is initially presented in French and translated into English.
Any confirmation of the order entails your full and unconditional acceptance of these general terms and conditions of sale, without exception or reservation.


All the provided data and the recorded confirmation will serve as proof of the transaction.
The order confirmation will be considered as a signature and acceptance of the operations carried out.


An invoice summarizing the information of your order and these General Conditions will be communicated to you in PDF format via the email address used for your order confirmation.

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Validating your order implies your obligation to pay the indicated price.


The company Katialogue reserves the right
not to record a payment and not to confirm an order for any reason, particularly in case of supply issues or difficulties concerning the received order.


For any visual communication service or commissioned plastic creation,
the execution process is established in three stages, following which the VAT-inclusive amount of the quote will be divided into two payments. That is,
– Before the start :
a deposit as compensation of 25% of the total amount including VAT
– Validation or not
of the research phase, the deposit is retained
– Completion :
the remaining 75% after project finalization


The signature and the first transaction mentioned above imply and entail the validation of the quote as well as full and unconditional adherence to these general terms and conditions of sale without exception or reservation.


A second validation phase
concerning the selected research proposal, confirms the execution phase. Validating the execution phase implies your obligation to pay the indicated price.


In case of non-validation by the client, the project will stop.

The deposit as compensation will be retained by the service provider.

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Article 11 - Availablity

Graphic design projects are custom-made and transferred, in digital and/or physical format once completed, to a single client who will hold exclusive exploitation rights.


Patterns are available to multiple partners digitally. Once transferred, several buyers hold the exploitation rights, either for representation and reproduction of the pattern(s) in unlimited quantities, but they do not hold any resale rights.


Wallpapers are printed on demand, based on the number of copies in your order, to avoid overproduction, which harms the environment.


Certain artworks are not for sale; therefore, it is necessary to check their availability by submitting your order as mentioned in articles 8 and 10.

 

If a product is unavailable after placing your order, you will be notified by email.

Your order will be automatically canceled and no bank debit will be made.

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Article 14 - After-sales service Legal and commercial guarantees

In the event of non-compliance or damage to a product:


All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and seq. of the Civil Code.


In the event of non-conformity of a product sold, or in the event of damage to a product due to packaging or shipping, it may be returned, exchanged or refunded.


All complaints, requests for exchange or refund must be made in writing with a visual of the product received justifying the condition mentioned and sent by email to ktia.mr@gmail.com within 30 days from the delivery.


The products must be returned in the condition in which you received them with all the elements (accessories, packaging, instructions, etc.).
Shipping costs will be reimbursed to you on the basis of the price invoiced and return costs will be reimbursed upon presentation of supporting documents.


Attention: All creations are protected by copyright under Article L.111-1 of the Intellectual Property Code (IPC).

 

 

In the event of deterioration of an after-sale product, it cannot be recycled into a diverted or assembled work, under penalty of legal proceedings and subject to other rights, with the exception of the existence of a contract transfer of reproduction rights established by article L122-3 of the IPC, in which case the product will be neither returned nor refunded.

 


For any visual communication service or commissioned artistic creation, if the research phase, which enables the full realization of a project, is not validated, the project will be stopped, and the compensation deposit will be retained by the company Katialogue.


The customer undertakes to respect the copyrights set out in article L.111-1 and the industrial property of the Intellectual Property Code (IPC) of July 1, 1992, taken from the law of March 11, 1957 and the neighboring rights extended by the law of July 3, 1985.

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For any visual communication service:

He also undertakes to respect the clauses of the bilateral confidentiality contract.
On the other hand, no right of transfer will be granted to him at this level of execution and no document concerning the research phase will be transmitted to him or will be likely to be disclosed or exploited by others.

 

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In the event of disputes after the completion of a visual communication service or a commissioned artistic creation:


Once the project has been launched and the research phase has been validated, the project cannot be stopped.
In the event of disagreement or major problem after or during the execution of the production phase, and if, after returns and modifications, the dispute persists, the sponsor is obliged to pay the entire invoice in return, the 25% deposit as compensation will be returned to the sponsor.


The customer undertakes to respect the copyrights set out in article L.111-1 and the industrial property of the Intellectual Property Code (IPC) of July 1, 1992, taken from the law of March 11, 1957 and the neighboring rights extended by the law of July 3, 1985.

 

For any visual communication service:

He also undertakes to respect the clauses of the bilateral confidentiality contract.
On the other hand, the exploitation rights of the initial contract will be canceled, giving rise to the establishment of a new transfer contract
which could allow the sponsor to transmit the proposals from the research phase to another professional in the field for execution of the project only, in compliance with the copyright of the IPC.

 

 

For any purchase and service:


In the event of withdrawal, hit-and-run, or violation of confidentiality clauses, copyrights set out in article L.111-1 and industrial property of the Intellectual Property Code (IPC) of July 1, 1992, resumption of the law of March 11, 1957 and related rights and software extended by the law of July 3, 1985, as well as the transfer rights posed by articles L122-3 and L122-2 of the IPC which are transferred to it, a procedure legal proceedings may be launched.

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The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 10.

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Article 13 - Retraction

In accordance with the provisions of article L.221-18 of the Consumer Code, and Hamon law no. 2014-344 of March 17, 2014 relating to consumption, aimed at strengthening consumer rights, you have a withdrawal period of 15 days from receipt of your products or signing a quote to exercise your right of withdrawal without having to provid reasons or pay a penalty.

 

Concerning the artwork and wallpapers, returns must be made in their original condition and complete (packaging, accessories, instructions).

In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to frustrate the right of withdrawal.
The costs of returning to headquarters by delivery or postage are your responsibility. In the event of exercising the right of withdrawal, the company Katialogue will reimburse the sums paid, within 15 days following notification of your request and via the same means of payment as that used when ordering, or other means necessary put in place.

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Exceptions to the right of withdrawal

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The right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
3° Supply of goods made according to the consumer’s specifications or clearly personalized.
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
11° Concluded during a public auction.
13° Supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

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Article 16 - Applicable laws

This document is subject to the laws applicable in France and is intended to comply with its necessary rules and regulations.
This includes the EU-wide regulations set out in the GDPR.

Article 15 - Applicable law in the event of disputes

The original language of this contract is French. These conditions of sale are subject to French law.
In the event of a dispute, the French courts will have sole jurisdiction.

Article 18 – Modifications

These general conditions may be modified in order to maintain compliance with the law and to reflect any changes to the way in which Katialogue manages its business and the use of its website by users.

You are advised to check these terms and conditions to ensure your awareness of any updates.

In addition, any updates will be communicated to you by a notice on the website and by email.

Article 17 - Severability

If at any time any of the provisions set forth herein are found to be inconsistent or invalid under applicable law, such provisions shall be deemed void and shall be removed from this document.
All other provisions will not be affected by law and the rest of the document will still be considered valid.

Specification sheet

for art orders

Specification sheet

for design projects

Brochure

on transfer rights

GDPR

& GCS/U

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