SAS with share capital of €788,852
13-15 avenue du Nouveau Conservatoire
75019 Paris FRANCE
810 426 270 RCS PARIS
General terms and conditions of sale B to B
In these terms and conditions:
The term "Kuroneko" refers to the company Kuroneko Media SAS with a share capital of €788,852 registered under number 810 426 270 with the Trade and Companies register from Paris;
“Client” means Kuroneko's client;
“Parties” means Kuroneko and the Customer;
The term "Contract" refers to the sales contract concluded between the Parties and subject to these general conditions of sale.
The term “Service” designates all the services that will be performed by Kuroneko for the Client such as, for example: advice, mastering, pressing, paper/cardboard printing, packaging, logistics;
The term "Product" refers to the Supports and/or their packaging which are delivered to the Customer after performance of the Services.
The term “Recordable Media” designates any Media such as for example: CDs, vinyl, etc., provided by Kuroneko to the Customer as part of the performance of the Services.
Object of the contract
These general conditions of sale described below define the conditions for the supply of Media and the performance of Services. These general conditions form an integral part of any order placed by the Customer or of any contract concluded by Kuroneko with a Customer.
These general conditions are systematically given to the Customer and the Customer declares to have read them and to have accepted them before placing an order or concluding the contract.
Consequently, the fact that the Customer signs the quote or concludes the contract implies unreserved acceptance of these general conditions. Any contrary condition or mentions on the orders or any other contradictory document, in particular the Customer's general conditions of purchase cannot, unless prior written acceptance by Kuroneko, prevail over the application of these general conditions.
Finally, the fact that Kuroneko does not avail itself at any time of the general conditions cannot be interpreted as a waiver of the right to avail itself, subsequently, of any of the said conditions.
The Contract is definitively concluded between the Parties and the sale is complete:
As soon as the acknowledgement of receipt of the order is sent to the Customer, or;
Upon unreserved acceptance of the estimate (Kuroneko proposal), or;
Upon signature of said Contract.
The Customer undertakes to provide Kuroneko, before the start of performance of Services, with all elements necessary for their performance, namely, in particular:
All certificates from collective rights management companies (such as SDRM) justifying the payment and collection of rights corresponding to the works which will be reproduced by Kuroneko on the Media, or, for contracts concluded with foreign Customers, from the organization of the country concerned mandated by the authors;
Evidence of the Client's possession of the rights allowing it to entrust the performance of the Services to Kuroneko, in particular, evidence of copyright and payment of any fees to be paid for the performance of Services, in accordance with applicable legislation in the countries where the Products will be sold;
The information or data to be recorded in perfect working order, in accordance with quality standards of use in the matter on the media and formats required by Kuroneko to perform its Services.
In the event of non-compliant elements and/or data or in a state that does not allow their use under normal conditions, Kuroneko will establish, as far as possible, an estimate and with the Customer's written agreement, will proceed or have the rectification of these elements at the Customer's expense.
In case of impossibility or disagreement on the quote, he will ask the Customer for new compliant data.
In all cases, the cost of keeping the elements entrusted by the Customer to Kuroneko will be invoiced to the Customer according to the tariff in force.
The elements relating to a Service for which no order has been placed for three months will be destroyed unless expressly requested by the Customer. If the Customer so wishes, the retention of the elements may be extended beyond.
The products ordered will be manufactured in accordance with technical standards in force as well as the proof to be printed (“BAT”) sent and validated by the Customer by email and pressing tests sent to the Customer and validated by the latter.
Due to manufacturing constraints, the quantity produced may vary by +/- 10%, within the limit of +/- 1000 products compared to the quantity ordered.
When packaging or printed matter is provided, Kuroneko, if the quantity requested for packaging is equal to the number of products ordered, the number of items provided will be less than the number of products ordered. This discrepancy results from waste during packaging operations. The customer must provide + 10% of elements (packaging or printed matter) in order to obtain the exact minimum order quantity.
Manufacturing times vary depending on the production period and the type of packaging chosen. Under no circumstances can Kuroneko commit to a firm deadline. Deadlines announced by Kuroneko will only be given as an indication.
In the event of damage caused to an engraving provided by the Customer during their transformation into a matrix during the production process, in the event of a request for re-engraving by Kuroneko to the Customer, Kuroneko will reimburse this new engraving up to a maximum of 90 euros per side on the based on a re-engraving invoice.
5.1. The price of Recordable Media and Services are those stipulated in Kuroneko's proposal or, failing that, are those in force on the day the order is placed.
Kuroneko reserves the right to modify its prices at any time.
The price of the Supports and the Services are available to Customers and will be communicated on request.
The price of the Products and Recordable Media does not include any tax, duty or fiscal charge in force in the country where the Products or Recordable Media will transit and/or be marketed. All of these taxes, duties or fiscal charges will be borne by the Customer. However, if these taxes, levies or charges were imposed on Kuroneko, the Customer would be required to reimburse them to Kuroneko upon receipt of the corresponding invoice.
5.2. In the event of cancellation of the order by the Customer after its acceptance by Kuroneko, for any reason whatsoever except force majeure, the deposit possibly paid to the order will be automatically acquired by Kuroneko and cannot give rise to any reimbursement. The customer must reimburse all the costs incurred and if the proofs have been validated then the cost of the prints will remain at his expense and if the Test pressings have been carried out, the related costs, in particular of cutting, Galvano, pressing, sending will be invoiced in full on the basis of the price lists in force on the day of acceptance of the order.
6.1. Payment of orders is made:
By bank transfer to the account indicated on the invoice
▪ Cash payment at the premises of Kuroneko Media SAS within the limit of a legal threshold of 1,000 euros set by decree (decree n°2018-284 of April 18, 2018, article 1)
6.2. Payment period
The Customer will pay according to the deadline stated on the quotation or contract sent by Kuroneko. Otherwise, the full price is payable in cash at the head office on the date of the invoice in accordance with the provisions of Article L.441-10 of the Commercial Code.
6.3. Late penalties
Any delay in payment will give rise automatically and without any formal notice being necessary to the payment of late payment penalties on the basis of a rate of 12% and to the payment of a lump sum indemnity for recovery costs of an amount of €40 per invoice.
6.4. Other Penalties
Without prejudice to any damages and interest:
Any amount not paid by the Customer on the due date appearing on the invoice will result in the reimbursement to Kuroneko of any collection costs incurred, and in the immediate suspension of deliveries.
In the event of late payment of more than 30 days, Kuroneko may suspend the execution of any order and/or terminate the orders and contracts in progress.
Kuroneko is not obligated to place or deliver an order so long as the Customer is in arrears with payment of a previous invoice from Kuroneko. All Products possibly retained for the Customer if they have been manufactured, are the responsibility of the Customer. Kuroneko may charge a storage fee for each day of late delivery beginning on the day the production end date occurs when the order is ready to ship. These costs will be determined on the basis of 2% of the price excluding tax of the order. Kuroneko may also terminate the order
The sums that would be due for other orders or contracts, whether delivered or not, will become immediately payable.
6.5. Invoice disputes
The Customer undertakes to check the invoices upon receipt and to formulate his observations within one month from the date of the invoice. Failing to contest it within this period, the invoice will be deemed to be in conformity.
In the event of partial dispute of the amount of the invoice, the undisputed part of the invoice must imperatively be paid by the Customer within the time limits defined above.
7.1. Place of delivery
Delivery is made to the place indicated by the buyer on the order form.
7.2. Delivery time
Kuroneko will use its best efforts to produce and deliver the Products to the Customer in accordance with any delivery date agreed in writing with Customer.
The delivery period begins on the day of the order and ends on the date the order tracking number is sent.
Unless otherwise stipulated, the delivery time indicated when registering the order is given for information only and is in no way guaranteed. No refund or compensation can be claimed in this respect.
Any delay in the delivery of the products will not engage the responsibility of Kuroneko and cannot give rise to the benefit of the buyer to the allocation of damages and/or the cancellation of the order.
Without prejudice to the foregoing, Kuroneko shall not be liable for late delivery or non-delivery for any cause beyond its control. Kuroneko shall in no event be liable to Customer, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, whether or not how it occurs, including but not limited to loss of profit, loss of revenue, economic loss, depletion of goodwill and pecuniary loss of any kind, in to the fullest extent permitted by law. All rights and remedies of the customer other than those provided herein and based on delay, in particular the right of the customer to claim damages, are excluded.
7.3. Transfer of risk
Products and Recordable Media will be delivered ex-factory or ex-warehouse.
For Products and Recordable Media for which Kuroneko does not provide transport, the EXW rule, Boleslaw, Poland (Incoterms® 2020) applies to the delivery of the Product. The transfer of risk therefore takes place at Kuroneko's factory or warehouse on the date the Products or Recordable Media are made available to the Customer.
For Products and Recordable Media for which Kuroneko is responsible for booking the carrier, the cost remaining to be borne by the customer, the rule EXW, Boleslaw, Poland (Incoterms® 2020) applies to the delivery of the Product. The transfer of risk therefore takes place at Kuroneko's factory or warehouse on the date the Products or Recordable Media are made available to the Carrier.
Customer shall reasonably inspect the Products immediately upon delivery thereof. According to international transport law, damage that may have been caused during transport must be reported to Kuroneko in a shipping document drawn up by the Customer and the delivery person or the representative of the transport agent indicating the nature and extent of the damage.
If Customer fails to provide shipping instructions or refuses to accept delivery, Kuroneko shall have the right, in its absolute discretion, to arrange storage on Customer's behalf. In this case, Kuroneko is entitled to charge all storage costs of the relevant warehouse and all other costs incurred. Storage costs for each day will be invoiced on the basis of 2% of the price excluding VAT of the order.
Any resulting storage, insurance or damage or additional costs shall be paid by the Customer within 30 days of the invoice being sent.
7.4. Transfer of ownership
7.4.1. Ownership of Product or Recordable Media
Ownership of the Product or Recordable Media will only be transferred to the Customer once full payment of the price and, in principle, costs and accessories has been made, regardless of the date of delivery of the Products or Recordable Media.
Does not constitute payment within the meaning of this article, the delivery of commercial paper or any title creating an obligation to pay. Payment will be considered complete after final collection of all sums due to Kuroneko for the Products or Media ordered.
The Customer undertakes to inform Kuroneko, within forty-eight hours, of any seizures made by third parties on the Products or on the Recordable Media located in its stores or warehouses, as well as in the event of assignment or pledge of its goodwill as well as in the event of the opening of collective proceedings.
In the absence of payment on the agreed due dates, Kuroneko may take back the Products or the Recordable Media from the Client, and this, at the latter's sole expense, and the Contract may be terminated if Kuroneko sees fit.
The sums due by the Client under this article will be offset against any instalments paid by the latter to Kuroneko. However, these instalments will remain acquired by Kuroneko as lump sum compensation, without prejudice to any other actions that Kuroneko would be entitled to bring against the Customer as a result.
7.4.2. Ownership of the metal parts used in the manufacture of the Products
Since the electroplating process of the metal parts necessary for the manufacture of the Products is invoiced by Kuroneko at the same time as the products, the Customer may request by email to receive the "positive elements" of the nickel, which means the copies of each side of the Product.
Other metal parts (negatives and stamps) are instead of consumable parts and are therefore not available to the Customer.
If the Customer does not request to receive the positive nickel elements and wishes Kuroneko to keep these elements, the cost of storing these elements for a maximum period of SIX MONTHS. In the absence of an express request to keep these elements within THREE MONTHS of the delivery of the order at the latest, Kuroneko may eliminate them at any time and under the conditions of its choice.
Kuroneko organizes an internal quality control process for production parts (lacquers, positive elements and stampers) and for finished products (discs, buttons, sleeves, etc.).
This quality control process aims to verify that the Products delivered to the Customer are correctly pressed, labelled and packaged according to what is specified in the Customer's order as well as on the proof, and that they can be played on a turntable, with a 1g weight in the tonearm, no 'wow' effects (sound distortion) and audible beats, and no stylus skipping grooves, all from start to finish on either side of the registration.
These are the "quality standards" controlled by Kuroneko and the only ones for which Kuroneko can have effective responsibility.
Thus, if a stock of Products delivered presents one or more Products, which, for whatever reason, do not meet these quality standards, then Kuroneko, after having inspected them, will refund their price to the Customer.
Kuroneko does not warrant:
The timbre of the sound of Products, unless the Customer has already requested, paid for and accepted test pressing (test Product), which, in this case, will be the reference to be compared with the Products delivered.
The colours of badges and sleeves and the type of paper used to print them; the varnishing, cutting, folding and gluing of the covers, unless the Customer has previously requested, paid for and accepted one or more Cromalin, which, in this case, will be the reference to be compared to the stock of macaroons and printed pockets.
Hollows, stains or slight imperfections on the surface of the Products, insofar as they do not affect the sound, as guaranteed by Kuroneko.
The weight of the Products.
Cellophane, packaging and Services in general.
The Customer undertakes to carry out the conformity check of the Products or Recordable Media upon delivery of the Products or Recordable Media.
In the event of missing Products or Recordable Media, the Customer undertakes to make the necessary reservations with the carrier in accordance with the procedures described in Article 11 hereof.
For any lack of conformity of Products or Recordable Media delivered with respect to the order or the Contract, the Customer is entitled to refuse delivery of the non-compliant Products or Recordable Media.
In the event of acceptance of the delivery of non-compliant Products or Recordable Media, the Customer undertakes to inform Kuroneko in the manner described in Article 11 hereof.
It is up to the Customer to provide any justification as to the reality of the defects or anomalies observed.
Warranty and Liability for Product Errors or Defects
Kuroneko guarantees the proper manufacture of the Products and Recordable Media, in accordance with the rules of the art and Kuroneko's specifications, provided for in Article 8.
During a warranty period of 3 months after the date of delivery of the Products or Recordable Media, Kuroneko undertakes to replace the Product or Recordable Media recognized as defective for a material or manufacturing defect, subject to a claim made according to the methods described in article 11 hereof.
Kuroneko is not responsible for:
Defects which only negligibly impair the use of the products;
Non-substantial deviations between products and specifications;
Natural wear or wear considered normal;
Damage occurring after the transfer of risk;
Incidents arising from use, storage not in accordance with normal conditions of use, in particular faulty or negligent handling, excessive deformation, use of inappropriate accessories, or particular external influences which are not explicitly supposed to have an impact on products.
Kuroneko's liability is limited under clause 10.2 to the exclusion of any other liability to the Customer whether in contract or tort for defects in the goods or for any loss or damage caused by or to the merchandise.
All other conditions, warranties, stipulations or other representations, whether express or implied, by statute or otherwise, are hereby excluded to the fullest extent permitted by law; in particular (but without limiting the foregoing), Kuroneko makes no warranty as to the fitness for purpose, use, nature or quality of the goods, whether express or implied, by law or otherwise.
Kuroneko will not be responsible if a third party makes modifications or repairs to the Products.
In all cases, Kuroneko's liability is limited to the price of the Product or Recordable Media in question and does not cover any immaterial and/or indirect damage.
Whatever the cause of the latter, Kuroneko cannot under any circumstances be held liable: for loss of profit, turnover, production, contracts, income, use, systems of food, information, or anticipated savings, or replacement cost, or payment of interest and loss of property, or special damage, or damage of any nature whatsoever.
Expiration of the warranty period terminates all of Kuroneko's contractual obligations.
Procedures for complaints
It is the Customer's responsibility to carry out, upon arrival of the Products or Recordable Media, in the presence of the carrier, the checks and reservations with the carrier under the conditions required by law.
In the absence of reservations expressly issued by the Customer upon delivery, the Products delivered by the Supplier shall be deemed to comply in quantity and quality with the order. No complaint can be validly accepted in the event of non-compliance with these formalities by the Customer.
With respect to volume failures, Customer must notify Kuroneko within 72 hours providing reasonable documentation to substantiate such claims.
With regard to non-compliant Products or Recordable Media, the Customer must notify Kuroneko within 48 hours of delivery, if he has previously accepted it.
With regard to hidden defects, the Customer must notify Kuroneko within 48 hours as soon as they become apparent or at the latest within 30 days following the date of delivery if the order is less than or equal to 1000 pieces and at later within 3 months from the delivery date if the order is more than 1000 pieces.
Unless the Customer complies with the above provisions, any liability of the supplier in the event of defects or failures shall be excluded.
There are binding conditions in the technical conditions applicable to complaints after receipt of the Product. In the interest of prompt processing of complaints:
Full particulars of the claimed title must be provided, along with the alleged defect (tracks and specific time(s) must be given for audio claims), along with the extent of the claimed defect .
A sample of the alleged defect must be provided.
Any damage or missing units must be noted on the shipping company's delivery note in the event of damaged delivery (damaged boxes and/or inner/outer packaging) or loss of quantity.
If the complaint proves to be unjustified, Kuroneko is entitled to reimbursement of the costs or damage incurred during the examination of the Customer's complaint (for example, travel or shipping costs).
11.2. Replacement and repair
If notice is given in accordance with the above clauses, Kuroneko will promptly and free of charge repair or, at its absolute option, replace the defective products and correct the deficiencies, provided that:
These defects result solely from Kuroneko's faulty design, workmanship or materials, and that;
Defective Products are returned to Kuroneko's factory for inspection by Kuroneko itself, at Kuroneko's expense and according to the procedure determined by Kuroneko and forwarded to the Customer, if Kuroneko so requests (in particular if the samples of the Products which have been kept by Kuroneko are not defective), and that;
The claimed defect was not part of the test Product, artwork, data, materials, or source documentation approved by Customer or provided by Customer, and that;
The percentage of Products subject to the complaint is greater than 3% of the total number of units delivered.
Alternatively to the replacement and repair terms set out above, Kuroneko shall be entitled, at its absolute discretion, to refund the reasonable part of the price of the defective goods in the event that such price has already been paid by the Customer to Kuroneko or, if such price has not been paid, to release the Customer from the obligation to pay the same part by issuing a credit note in favour of the Customer in the amount of this part of the price.
Legislation and regulations
The Client is responsible for:
To verify that each of the Products or each of the Recordable Media meets the standards, and complies with the regulations in force in the country where the Products or the Recordable Media will be marketed, and in particular complies with the guide available "technical specifications guide" on the Kuroneko website.
To inform Kuroneko, prior to the order, of any possible modification of a Product or a Printed Material necessary for its adaptation to the said standards and regulations applicable in the said countries.
The contractual conditions will be adapted according to the required modifications.
In the event that changes to standards or regulations occur during the Contract, the contractual conditions will be adapted accordingly. In addition, if these modifications make the execution of the Contract too onerous with regard to the economics of the contract or technically impossible, Kuroneko may terminate the Contract by sending a simple registered letter with acknowledgment of receipt and request an indemnity to compensate for the costs incurred and/or borne by Kuroneko before and on the occasion of the termination of the Contract.
Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. It is therefore recalled, under article 6.4, that in the event of late payment of more than 30 days, Kuroneko may suspend the execution of any order.
The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.
This non-performance exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it on the due date and that the consequences of this non-performance are sufficiently serious for the Party victim of the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the allegedly defaulting Party of the notification of the intention to apply the preventive non-performance exception until the allegedly defaulting Party performs the obligation for which a future failure is manifest, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of sending.
However, if the impediment was definitive or continued, these presents would be purely and simply resolved according to the methods defined in article 18 for failure of a party to fulfil its obligations.
Force majeure which releases Kuroneko from its obligations or excuses the delay in the performance of its obligations means any event that cannot be overcome, despite Kuroneko's reasonable diligence, such as and without this list being exhaustive:
Weather, fires, explosions, floods, epidemics, accidents affecting production, interruption of electricity and the forces of nature, shortages of materials (fuel, energy, raw materials, etc.) or transport, insufficient electrical current or energy;
Strikes, lockouts, riots, demonstrations, civil insurrection, terrorism, piracy, sabotage,
Wars, blockades, strikes, embargoes;
Restrictions, requirements or prohibitions enacted by government authorities or by any other authority constituting a "fait du prince", in this respect, any administrative measures having the effect of totally or partially preventing people from working under normal conditions (confinement, mandatory telework, curfew, etc.); failure to grant the required export authorizations, abnormal certification delays;
Force majeure of suppliers and/or subcontractors, delays or accidents affecting carriers and transport, inability or delays in obtaining sufficient supplies.
In the event of a delay caused by a case of force majeure, the deadlines will be extended by the duration of the delay caused by this event. Kuroneko will provide Customer with a new delivery date on a best efforts basis.
If, following a case of force majeure as defined above, it is impossible for Kuroneko to perform the Contract in whole or in part, or if the event of force majeure continues beyond 6 months, Kuroneko may terminate the order and shall in no event be liable to the Customer for any direct, indirect or consequential loss or damage.
In this case, each of the Parties is entitled to renounce to continue the execution of the Contract in whole or in part without damages, penalties or any other compensation or participation in the prejudice suffered by it because of the force majeure, the part of the Contract already executed that cannot be resolved.
Resolution / Termination
15.1. Reasons for resolution / termination
This contract may be resolved or terminated for the following reasons:
- a change in standards or regulations leads to modifications to the current Contract which make performance of the Contract too onerous or technically impossible under the conditions provided for in Article12 .
- a case of force majeure, the parties may automatically terminate this contract, without warning or formality, in the manner established in Article14.
- a default or late payment, as provided for in Article 6.4 hereof.
15.2. Common provisions
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their usefulness as and when the reciprocal execution of the latter, they will not give rise to restitution for the period prior to the last service not having received its consideration.
In any event, the Injured Party to seek the award of damages in court.
Intellectual property and use contrary to morality and/or legal provisions
16.1. Intellectual property
The CD-Rs, DVD-Rs, Exabytes, hard disks, files sent by the Customer to Kuroneko, booklets, jackets and in general all the documents or media necessary for the performance of the Services remain the property of the Customer. Subject to full payment for the Products, these items will be returned to the Customer if he expressly requests it within 3 months from the date of delivery. Kuroneko will exercise a right of retention on these elements until full payment for the Products.
In the absence of a request for the return of the elements transmitted and of all the immaterial data, the elements provided by the Customer will be destroyed one year after completion of the Services without reprinting.
The Customer guarantees that it will respect the intellectual property rights held by Kuroneko on its trademarks, patents, models concerning the Products or the Recordable Media and therefore undertakes not to use them without the express consent of Kuroneko.
The Customer certifies that he holds the intellectual property rights or has the authorizations of the rights holders for all the content and containing the Products or Recordable Media necessary for the performance of the Kuroneko services.
Consequently, the Customer guarantees Kuroneko against any complaint or claim, whoever the author, relating to intellectual property rights and in particular the rights due to collective rights management companies. In the event of a lawsuit brought against Kuroneko on the occasion of the use, in the context of the performance of the Services, of the data and information transmitted by the Customer, Kuroneko will immediately inform the Customer.
In any event, in the event that Kuroneko's liability should be sought or engaged for illicit use of the data and information transmitted by the Customer and/or acts of infringement, the Customer undertakes to compensate Kuroneko for all costs, damages or for any indemnities resulting from such proceedings.
16.2. Use contrary to morality and/or legal provisions
The Customer guarantees Kuroneko that all the data and information it provides to Kuroneko comply with morality and the legal provisions applicable to the Products in France and/or in the country where the Products will be marketed.
In any event, in the event that Kuroneko's liability should be sought or incurred for the use of data and information contrary to morality or contrary to the legal provisions applicable to the Products in France and/or in the countries where the Products, the Customer agrees to indemnify Kuroneko for any costs, damages or for any indemnities resulting from such proceedings.
Protection of personal data
Personal data relating to natural persons collected by Kuroneko from Customers (mainly surname, first name, postal address, telephone number, email address, bank details, etc.) is recorded in its customer file. All the information and personal data collected are necessary for the conclusion and execution of the contract and will be mainly used for the proper management of relations with the Customer and the processing of orders. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the performance of the contract, the fulfilment by Kuroneko of its legal and regulatory obligations or the exercise of the prerogatives recognized by law and case law.
The controller is Kuroneko. Access to personal data is strictly limited to Kuroneko employees authorized to process them by reason of their duties. The information collected may possibly be communicated to third parties linked to Kuroneko by contract for the performance of subcontracted tasks necessary for the management of orders, without the Customer's authorization being necessary.
It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases set out above, Kuroneko undertakes not to sell, rent, assign or give access to third parties to the data without the Customer's prior consent, unless forced to do so for a legitimate reason.
The recipients of the data are entirely located within the European Union. If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken in order to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.
In accordance with the applicable regulations, the Customer has the right to access, rectify, delete and port data concerning him or to limit their processing. He may also, for legitimate reasons, object to the processing of this data by contacting the data controller at the following address: kpm@kuroneko- media.com
In the event of difficulty in connection with the management of his personal data, the Customer may submit a complaint to the Commission Nationale de l'Informatique et des Libertés or any other competent authority.
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
These general conditions of sale are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
18.1. Mediation clause
The parties undertake to resolve all disputes arising from the interpretation, total or partial execution, or non-execution of this protocol by means of mediation, before any referral to the courts.
Prior to the referral to the Courts, the party concerned must refer to the CMAP - Centre for Mediation and Arbitration of Paris near the Paris Ile-de-France Chamber of Commerce and Industry, for the purpose of designating an approved mediator and the mediation will take place in accordance with the CMAP mediation rules.
If mediation does not allow an amicable solution to be found to the dispute between the parties within three months of the first plenary meeting between the parties and the mediator, the latter may then submit their disputes to the Judicial Court of PARIS, under common law conditions.
On the other hand, under article 1531 of the Code of Civil Procedure, the Mediator is subject to an obligation of confidentiality.
The costs and fees of this Mediator will be divided equally between the Parties.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Paris.