General terms and conditions of use

Date: October 2024

Welcome to www.kikifornell.art (“Site”).

The Site is owned and operated by Mrs Ekaterina Fornell, Entrepreneur Induviduel under French law, registered in Chamonix-Mont-Blanc, France under SIREN number 890138860 and whose registered office is located at 10 Route des Nants, 74400 - Chamonix-Mont-Blanc, France , (“Kiki Fornell”, “we” or “us”).

The Site's Publishing Director is MADAME EKATERINA FORNELL. It is hosted by Adobe portfolio and Prestashop Shopping Cart Software.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE (the “GTCU”) CAREFULLY BEFORE USING THE SITE.

These GTCU govern your access to and use of the Site and the services available on the Site (“Services”). If you do not accept the revised GTCU, please do not use the Site.

We reserve the right to modify or update all or part of the GTCU at our discretion. We invite you to consult these GTCU in order to remain informed of any changes to the extent that they are binding on you. If you do not accept the revised GTCU, please do not use the Site.

Access to the Site, registration and subscription to Services
1. You must take all necessary steps to access the Site. You may create an account or subscribe to Services on the Site using an e-mail address and password (“Login Information”). You are responsible for maintaining the confidentiality and security of your Credentials and accept all risks associated with activities related thereto (including activities of persons accessing the Site using your Credentials). If you become aware of or suspect any unauthorized use of your Identifiers, you must notify us. All information and identifiers you provide to us must be accurate, truthful and up-to-date at all times.
2. The Services are generally not intended for persons under the age of majority in your country or for persons under guardianship. If you are under the age of majority, please do not use the Site, register or subscribe to the Services. If we learn that you are under the age of majority (or that you have fraudulently misstated your age during the registration or subscription process), we will cancel your registration or subscription and cease to provide you with the Services. We inform parents or guardians of minors or guardians of persons under guardianship using the Site that it is important that they communicate with minors about their online safety and the potential risks to which they expose themselves in this context.
Privacy and cookie policies
1. Our privacy policy governs the use and processing of personal data that we collect from you or that you provide to us via the Site. Before uploading or providing any personal data to the Site, please read our privacy policy https://kikifornell.art/société/politique-de-confidentialité carefully.
2. The Site uses cookies to track your browsing preferences. If you have authorised the use of cookies, please consult our cookie policy to find out what type of personal data we may process in this context.
Use of the Site
1. By using the Site, you agree not to:
  1. provide false or misleading information or impersonate another person;
  2. use the account of a third party without the authorization of the account holder;
  3. use the Site in any manner that interferes with, or is likely to interfere with, the operation of the Site, adversely affect the availability or accessibility of the Site, or render the Site less effective;
  4. circumvent or attempt to circumvent the Site's security measures or tamper with the technology on the Site;
  5. obtain or attempt to obtain any information, materials or documents not intentionally made available through the Site by any means whatsoever (such as personal, financial or other confidential or sensitive information);
  6. violate any applicable law;
  7. use the Site for illegal purposes or in a way that infringes the rights of third parties;
  8. upload, post or transmit via the Site any content that:
    1. is deceptive, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise inappropriate;
    2. constitutes an unauthorised disclosure of personal data or confidential information;
    3. infringes the intellectual property rights of any third party;
    4. contains viruses or any other form of malware.
2. We reserve the right to cancel your registration or subscription, and/or block your account and/or refuse, restrict, suspend or terminate your access to the Site and the Services at any time, without notice and without liability to us, if your use of the Site violates any of your obligations under these GTCU or any other provision of the GTCU, without prejudice to any other remedies available to us under applicable law and the GTCU.
Electronic services
1. Certain parts of the Services may be provided via electronic communication channels (e.g. e-mail, SMS, telephone). You agree that we may contact you in relation to the Services - and any queries relating to the Services - by SMS, e-mail or other electronic technology and acknowledge that, in some countries, the use of mobile services may incur charges imposed by your mobile network provider and that, where applicable, you will be responsible for bearing such charges.
Intellectual property rights
1. Our Site and all information and materials contained therein, including the design, layout, look, graphics, organization of Site content, photographs, images, illustrations, text, fonts, videos, music, sounds, audio clips, logos, trademarks - registered or not, figurative or not - all other marks, service marks, brand names, trade names, domain names and URLs, and software (“Content”) are our exclusive property or that of our licensors and are protected by applicable copyright, trademark, patent or other intellectual property laws throughout the world. We reserve all such rights.
2. You are authorized to download and print the Content of the Site for your personal use, but you are not authorized to use this Content for commercial or professional purposes. You may not copy or reproduce (except when copied or reproduced for personal, non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, delete, add to or create derivative works from any Site Content for any purpose, except as authorized in writing by us .
3. Any use not expressly authorized by these GTCU is prohibited. Unauthorized use of the Site or the Content may violate applicable intellectual property or other laws.
Items posted on the Site by you
1. We value your opinions. You acknowledge and agree that any suggestions, proposals, ideas, concepts, photographs, text or other content and materials (excluding personal data) uploaded or submitted by you to our Site or otherwise (“Uploaded Materials”) will be considered non-confidential and non-proprietary. You retain all proprietary rights to the Uploaded Materials but, by downloading the Uploaded Materials, you grant us a worldwide, irrevocable, royalty-free, non-exclusive license to use, exploit, store, copy, reproduce, modify, publish, distribution and making available to third parties of all or part of the Uploaded Materials, in any form or medium whatsoever, whether now known or unknown, and for any purpose whatsoever, including advertising, product promotion or development and other commercial purposes, for the duration of the protection of the Uploaded Materials.
2. Whenever you upload content or Materials to the Site, or make contact with other users of our Site, you must comply with the provisions relating to the use of the Site set forth in Section “Use of the Site”.
3. You are entirely responsible for the content or accuracy of any Material posted or published by you.
4. We reserve the right to reject or remove any Material posted or publication made by you on the Site, for any reason whatsoever, in particular if such Material is in breach of these GTCU and in particular does not comply with the terms of use set out in Article.
Hyperlinks
1. Links to third-party sites
  1. The Site may contain hypertext links to sites belonging to third parties (“Third-Party Sites”). We have no control over the content of Third-Party Sites and cannot be held liable in any way for their content.
  2. These links are provided solely to provide you with additional information and their availability does not constitute and should not be construed as an endorsement of such Third Party Sites or their content, products or services, privacy and security practices or the manner in which they operate. If you choose to access Third Party Sites, you do so at your own risk. Your use of Third Party Sites is subject to the terms and conditions of use of the third parties who operate and provide them. Any questions or comments relating to these Third Party Sites should be addressed to the relevant operators.
2. Link to our Site
  1. You are prohibited from publishing all or part of the Site or its Content on any other third-party site, or from publishing a hypertext link to the Site, any of its pages and/or the Content, without our prior written consent.
Exclusion of liability
1. The Site, its Content and the Services are accessible free of charge on an “as is” basis. Whilst we use all reasonable endeavours to ensure that the Site is accessible at all times (except during maintenance periods) and secure, we exclude all warranties in respect of the Site, its Content or the Services to the fullest extent permitted by law. For example, we do not warrant that the Site will always be available, uninterrupted or error-free, free of malicious code (such as viruses, bugs, malware or the like), or suitable for any particular purpose, and expressly disclaim all warranties in this regard.
2. We make every effort to ensure that the information made available to you on the Site is accurate and up-to-date. However, we do not warrant the accuracy of such information (including the Content) or that such information is free from errors or omissions, and disclaim all warranties and liability in this regard. We reserve the right to update and/or correct the information, the Content or the Site at any time, without notice and without liability on our part.
Limitation of liability
1. We may be held liable for direct loss or damage caused by our failure to comply with our obligations under these GTCU. Subject to the provisions of article 9.3 below, our liability under these GTCU shall not exceed, in any event, the price of the product(s) you have purchased on the Site.
2. Subject to the mandatory provisions of applicable law, you also agree not to claim any indemnification from us, our licensors, service providers, distributors, officers or directors in any form whatsoever, including but not limited to:
  1. losses and damages not caused by a default on the part of our company;
  2. indirect losses and damages;
  3. losses and damages arising out of or in connection with the use of or inability to use the Site, the Services, the Content, any links to third-party Sites, or in connection with any failure of performance, delay in operation or transmission, interruption, error, omission, virus or defect in the Site;
  4. any loss or damage you may suffer, including, without limitation, as a result of:
    1. your inability to protect your Identifiers;
    2. your reliance on the accuracy and completeness of the Site, the Content and the Materials submitted;
    3. any changes we may make to the Site, the Services and the Content;
    4. any temporary interruption or permanent cessation of the provision of the Services and the Content;
    5. any breach by us of any of our obligations under these GTCU if such breach is due to force majeure.
3. These GTCU do not limit or exclude our liability for (i) death and personal injury caused by our negligence; (ii) fraud, fraudulent misrepresentation and gross negligence or (iii) any other liability which cannot be limited or excluded under applicable law.
4. As the Services are provided free of charge, you are responsible for the credit you give to the information and Content available on the Site. By using the Site, you assume the risks associated with its use and bear the sole risk of any failure that may occur with respect to use, loss of data and costs associated with the Services and the necessary maintenance of any hardware and/or software.
Disclaimer
1. Subject to the mandatory provisions of applicable law, you shall indemnify us, our subsidiaries and affiliates, and their directors, non-executive directors and employees against any loss, liability, claim or action, including reasonable attorneys' fees, (even if initiated by a third party), caused by your breach of these GTCU in connection with the use of the Site and the Services, and/or by any breach of these GTCU and/or by any breach of any warranty or representation made by you pursuant to the GTCU and/or in the event of any damage caused to a third party by the Submitted Materials in the transmission of the Services.
Applicable law and jurisdiction
1. These GTCU and your access to or use of the Site shall be governed by and construed in accordance with the laws of France (without regard to its conflict of law provisions).
2. You agree and we agree to submit any dispute relating to these GTCU, including their validity, interpretation, breach or termination, to the exclusive jurisdiction of the competent French courts.
How to contact us
1. If you have any questions about these GTCU, the Site or the Services, you can contact us in the following ways:
  1. by post at Ekaterina Fornell, 10 Route des Nants, 74400, Chamonix-Mont-Blanc, France
  2. by e-mail to info@kikifornell.art
  3. You can also use the Contact Us page on the Site to send us a message, which we will reply to by e-mail.

General terms and conditions of use

1 What are cookies?

2 How we use cookies

3 Controlling Cookies

4 Information We Collect