The present General Conditions of Sale are up to date as of April 19, 2021


1.1. These General Conditions of Sale (hereinafter ''GCS'') are proposed by the Micro-entreprise Katarzyna Boduch (hereinafter ''The Micro-entreprise''), micro, registered in the Trade and Companies Register of Marseille under number 897880498, whose headquarters is located at 26 Impasse Sainte-Anne, Apartment 100 A, 84200 Carpentras, France.

1.2 Its toll-free telephone number is 06 38 89 26 15, and its e-mail address is

1.3. The Micro-enterprise is the owner and editor of the website (hereinafter ''the Site''). The Site is hosted by Ionos, EURL, domiciled in Montabaur, Germany, reachable at 09 70 80 89 11. The director of the publication is Katarzyna Boduch.

1.4. The Site offers to the Customer (hereinafter ''the Customer'') the possibility to Sell my art creations: Paintings and drawings (hereinafter the ''Products'').

1.4. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any virus.


2.1. The purpose of these General Terms and Conditions is to define all the conditions under which the Microenterprise markets Products as offered for sale on the Site to Clients. They therefore apply to any Order (hereinafter ''Order'') of Products placed on the Site by the Client.

2.2. The Customer declares that he/she has read and accepted these GTC before placing the Order.

2.3. The validation of the Order therefore implies acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site at the time the Order is placed.

2.4. Any contrary condition set by the Client would therefore be, in the absence of express acceptance, unenforceable against the Microenterprise, regardless of when it may have been brought to its attention.

2.5. The fact that the Microenterprise does not take advantage at a given time of any provision of these GTCs can not be interpreted as a waiver to take advantage later of any provision of these GTCs.


La Micro-entreprise reserves the right to correct the content of the Site at any time.

3.1. The Customer can find out on the product page the period during which, or the date until which, spare parts required for the use of the product are available on the market.

3.2. The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a slight variation in the color of the product(s) does not engage the responsibility of the Micro-enterprise and does not affect the validity of the sale

3.3. The Customer selects the Product(s) he/she wishes to purchase and can access the Order summary at any time.

3.4. The Order summary lists the Product(s) selected by the Customer and includes any additional costs, such as the delivery charge, which are added to the price of the Product(s) in the Order. The Customer may modify the Order and correct any errors before proceeding with the acceptance of the Order.

3.5. Once the Customer has accessed the Order summary, he/she shall confirm acceptance of the Order by ticking the box indicating that he/she accepts the General Terms and Conditions of Sale and by clicking on the Order validation icon. The words ''Order with payment obligation'' or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.

3.6. After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Microenterprise and the Client and is irrevocably binding on them.

3.7. Once the Sales Order has been confirmed, the Customer shall enter the details of the address and telephone number of the person to whom he/she wishes to have the product(s) ordered delivered, and the address and telephone number of the person to whom he/she wishes to have the product(s) invoiced, if these are different, in order to proceed with payment. The delivery process for the product(s) ordered is described in article 5 of these GTC.

3.8. The Microenterprise shall then send an Order confirmation by email, including the elements of the summary of the Order and the delivery and billing addresses provided.

3.9. Once the Customer has validated their delivery details and, where applicable, their invoicing details, they shall proceed to pay for their Order in accordance with the terms and conditions set out below.


4.1. The prices are mentioned on the Site in the descriptions of the Products, in euros and exclusive of tax and all taxes included.

4.2. The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.

4.3. The Order of Products on the Site is payable in euros. The totality of the payment must be made on the day of the Order by the Client, by credit card, except in the case of particular conditions of sale expressly accepted by the Client and the Micro-enterprise.

4.4 In case of payment by credit card, the Site uses the security system of paypal, a service provider specialised in the security of online payments. This system guarantees the Customer the total confidentiality of his banking information. The bank card transaction, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. The Client's bank details are not stored electronically by the Micro-enterprise. The general conditions of use of paypal are available at the following address: https: //

4.5. The Client guarantees the Microenterprise that it has the necessary authorizations to use the method of payment, when placing the Order.

4.6. The Microenterprise reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in case of non-payment or partial payment of any sum that would be due by the Client to the Microenterprise, in case of payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an Order


5.1. The product(s) offered on the Site can be delivered to France and to any country

5.2. The Microenterprise undertakes to deliver the product(s) within a period not exceeding 5 to 7 working days from the date of the Order.

5.3. The Customer shall be informed by e-mail, when his/her Order is ready, of its dispatch. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of placing the Order, in accordance with the conditions set out in article 8 of these GTC.

5.4. The Client must ensure that the information provided in Article 3.7 of these GTC are correct, and that they remain so until complete delivery of the product(s) ordered. The Client therefore undertakes to inform La Micro-entreprise of any change in billing and / or delivery details that could occur between the Order and delivery, by sending, without delay, an email to the email address of the customer service. Otherwise, in case of delay and/or error in delivery, the Client may not in any way hold the Micro-entreprise responsible for a failure to deliver, and the customer service of the Micro-entreprise will contact the Client for a second delivery at the Client's expense.

5.5. The Microenterprise will not be responsible either if the non-receipt of the Products is due to a third party outside its intervention or in case of theft.

5.6. In case of return of the Order due to the absence of the Client, the customer service of the Microenterprise will contact the Client for a second delivery at the Client's expense.

5.7. The Customer may track the delivery of his/her Order by contacting the customer service number indicated in article 6.2 of these GTC.


6.1. For any request for information, clarification or complaint,

the Client must contact, in priority, the customer service of the Microenterprise, in order to allow the latter to try to find a solution to the problem.

6.2. The customer service of the Micro-enterprise is accessible from 9am to 6pm using the following coordinates


All products offered by the Micro-enterprise are subject to the legal guarantee of conformity provided by the law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:

The non-conforming product will be replaced or repaired in accordance with the costs stipulated by the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Thus the Client :

(i) has a period of two (2) years from the date of delivery of the Product to claim for lack of conformity of the Product

(ii) is exempted from proving the existence of the lack of conformity of the goods during the ten (6) months following the delivery of the product,

(iii) may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

In addition, the Customer may also invoke the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its purpose.

The guarantee of hidden defects allows the Customer to be protected against hidden defects of the purchased product which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: to keep the product and ask for a reduction of the price, or to return the product and ask for a refund of the price paid, in accordance with article 1644 of the Civil Code.

The following legal provisions are recalled:

Art. L217-4 of the French Consumer Code : ''The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.''

Art. L217-5 of the Consumer Code : '' The goods are in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;(b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by him. ’’

Art. L217-7 of the French Consumer Code : '' Conformity defects that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed. ’’

Art. L217-8 of the Consumer Code : '' The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies where the defect originates in materials which he himself supplied. ’’

Art. L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then bound to proceed, unless it is impossible, according to the method not chosen by the buyer. ’’

Art. L217-10 of the Consumer Code : '' If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale can not be pronounced if the lack of conformity is minor. ’’

Art. L217-11 of the French Consumer Code : '' The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the allocation of damages. ’’

Art. L217-12 of the Consumer Code : ''The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. ’’

Art. L217-13 of the Consumer Code : ''The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by the law. ’’

Art. 1641 of the Civil Code : '' The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them . ’’

Art.1642 of the Civil Code : '' The seller is not bound by apparent defects of which the buyer could convince himself. ’’

Art. 1643 of the Civil Code : '' He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee''.

Art. 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. ’’

Art. 1646 of the Civil Code : '' If the seller was unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the buyer for the expenses incurred by the sale. ’’

Art. 1648 of the Civil Code: '' The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. (…) ’’

If a Client considers that he/she has received a product which he/she considers to be defective or non-conforming, he/she must contact the Micro-enterprise, as soon as possible after receipt of the Order, at the following e-mail address contact@kateartgalerie.comor by registered mail with acknowledgement of receipt to the following address: 26 Impasse Sainte-Anne, Appartement 100 A, 84200 Carpentras, France, specifying the defect or non-conformity in question.

It is up to the Client to provide any justification as to the designation of apparent defects and/or anomalies found. The Client shall allow the Microenterprise any facility to proceed to the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Microenterprise, it will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to the replacement of the product of which the Microenterprise would have been led to note the lack of conformity, or the defectiveness

In the event that the exchange of the product would be impossible, the Micro-enterprise will be obliged to reimburse the Client within fourteen days of receipt of the product. The refund will be made on the proposal of the Micro-enterprise by crediting the Client's bank account, the Client may opt for another method of refund than the one proposed.


8.1. The Customer agrees to comply with the terms of these GTC.

8.2. The Client undertakes to use the Site in accordance with the instructions of the Microenterprise.

8.3. The Customer agrees that he/she will only use the Site for his/her personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:

    • Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
    • To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
    • Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site.
    • To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner.
    • To infringe the intellectual property rights of the Microenterprise and/or to resell or attempt to resell the products to third parties.
    • To denigrate the Site and/or the products as well as the Micro-enterprise on social networks and any other means of communication.

8.4. If, for any reason, the Microenterprise considers that the Client does not comply with these GTC, the Microenterprise may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action against it.


9.1. In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from the receipt of the last product ordered on the Site to exercise his right of withdrawal from the Micro-enterprise, without having to give reasons or pay penalties.

9.2 All Products/Services can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts :

1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;

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 at a public auction ;

(12) the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;

13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

9.3. To exercise its right of withdrawal from the Order, the Client must notify its decision to withdraw by means of the withdrawal form proposed in the appendix of this document or by means of an unambiguous statement, without giving reasons. The Client may communicate its decision to withdraw to the Micro-enterprise by any means, including sending it by mail to the Micro-enterprise at the following address: 26 Impasse Sainte-Anne, Appartement 100 A, 84200 Carpentras, France

or by email to

9.4. In case of notification to the Microenterprise by the Client of his decision to withdraw, whatever the means used, the Microenterprise shall send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (including by email).

9.5. The Customer must return the product(s) in the same condition in which he/she received it/them, and with all packaging, accessories and instructions (even if the product(s) has/have been unpacked), as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the following address: 26 Impasse Sainte-Anne, Appartement 100 A, 84200 Carpentras, France. In accordance with the law, the Customer shall bear the cost of returning the product(s).

9.6. In case of withdrawal of the Client, the refund of the Product(s) which has (have) been the object of the right of withdrawal is made by the Microenterprise by the same means of payment as the one used for the initial transaction, unless the Client expressly agrees on a different means. In any case, this refund will not cause any costs for the Client. The refund shall be made as soon as possible, and no later than 14 days from the day the Micro-enterprise is informed of the Client's decision to withdraw from the Order.

9.7. In accordance with Article L.221-23 of the Consumer Code, the Client is informed that its responsibility is engaged towards the Micro-enterprise only for a depreciation of the product(s), returned following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.


10.1. The Microenterprise implements all measures to ensure the Client the supply, in optimal conditions, of quality product(s). However, the Microenterprise shall in no case be held liable for any non-performance or poor execution of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the responsibility of the Micro-enterprise was engaged, it could not in any case agree to compensate the Client for indirect damages or whose existence and / or quantum would not be established by evidence.

10.2. The Microenterprise will not be held responsible for damage caused by misuse of one of its products or by failure to observe the precautions for use and conditions of hygiene, storage and safety during the use of one of its Products/Services.

10.3. The Site may contain links to other sites not edited or controlled by the Microenterprise, which can not be held responsible for the operation, content or any element present or obtained through these sites.

10.4. The establishment of such links or reference to any information, articles or services provided by a third party, can not and shall not be construed as an express or implied endorsement by the Microenterprise of such sites and elements or their contents.

10.5. The Micro-enterprise is not responsible for the availability of these sites and cannot control the content nor validate the advertising, the product(s) and other information published on these websites.

10.6 It is expressly stipulated that the Microenterprise shall in no way be held responsible, in any way whatsoever, in the event that the Client's computer equipment or electronic mailbox rejects, for example due to an anti-spam system, the electronic mails sent by the Microenterprise, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order, or the shipment tracking e-mail.

10.7 The Client is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability mentioned above, essential conditions without which the Microenterprise would never have contracted.


The Client undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed to any fraudulent access and/or maintenance in the information system of the Microenterprise. The Client may not harm or hinder the information system of the Micro-enterprise. Failing this, the Microenterprise may take any measure against it and in particular engage its criminal responsibility under Articles 323-1 and following of the Penal Code.


12.1. All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and / or all other intellectual property rights. These elements are the exclusive property of the Micro-enterprise. All these rights are reserved for the whole world.

12.2. The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Microenterprise.

12.3. No title or right whatsoever in any material or software shall be obtained by downloading or copying material from this Site. The Customer may not reproduce (other than for personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, or sell or participate in any sale of this Site, the materials on this Site or any software related thereto.

12.4. The Microenterprise grants the Client a non-exclusive license to use the Site. This license is strictly personal and can in no case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.

12.5. Any use by the Client of company names, trademarks and distinct signs belonging to the Micro-enterprise is strictly prohibited except in case of express and prior agreement of the Micro-enterprise.

12.6. The Micro-enterprise understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Micro-enterprise is committed, in accordance with the RGPD regulation, to respect your privacy and to protect your personal data, that is to say data that may identify you directly or indirectly as a person.

12.7. Within the framework of the order, La Micro-entreprise has to collect personal data from the Client. The Micro-enterprise undertakes to protect the personal data of customers.

12.8. The files containing personal data necessary for the order are stored on the servers of the Site's host. This service provider ensures that it complies with the requirements of the General Regulation on Data Protection (RGPD). The Micro-enterprise does not communicate and does not trade personal data of customers.

12.9. At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.

12.10. The personal data collected by the Micro-enterprise are intended to allow the realization of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.

12.11. In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as "Informatique et Libertés", and the General Data Protection Regulation (RGPD), subject to proof of identity, all Customers, regardless of their nationality, have the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of personal data concerning him or her.

12.12. For the purposes of the application of this clause and, in particular, to ensure the confidential treatment of the Clients' data, the Microenterprise has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, who can be contacted at the following address

12.13. In any case, any Customer has the right to make any claim to the CNIL.


13.1. By checking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Microenterprise may send him, at a frequency and in a form determined by it, a newsletter that may contain information relating to its activity.

13.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the Microenterprise for Products similar to those ordered.

13.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.


The Customer has the possibility of registering free of charge on a BLOCTEL telephone opposition list ( in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship, in accordance with the law n°2014-344 of 17 March 2014 relating to consumption.

Any consumer can register for this list free of charge at


15.1. These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.

15.2 In case of dispute likely to arise from the interpretation and/or execution of these GTC, or in relation to these GTC, the Client may decide to submit the dispute with the Microenterprise to a conventional mediation procedure or any other alternative dispute resolution method.

15.3. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Micro-enterprise adheres to the Service of the Mediator of e-commerce Mediation E-Commerce FEVAD whose coordinates are as follows: 60 Rue la Boétie, 75008 Paris, France -

You can use the mediation service for consumer disputes related to an order placed on the Internet.

For information on how to contact the Ombudsman: https: //

15.4 Finally, it is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts

15.5. The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France:

15.6. If this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure shall apply.


Annex 1


Katarzyna Boduch


I hereby notify you of my withdrawal from the contract for the sale of the product(s)/service(s) mentioned below:

Ordered on :

Received on :

Order number :

Name of the client :

Customer's address :


Customer's signature :