T&C
TERMS AND CONDITIONS OF SALE (T&C) — KALIUM 19
Effective as of May 24, 2026
PREAMBLE
These Terms and Conditions of Sale "T&C" apply as of right and without restriction to all sales concluded by Stéphane Guingat (Micro-entreprise), operating under the brand Kalium 19 (hereinafter "the Seller"), whose registered office is located at 50 bis route de Dourdan, 91470 Angervilliers, France, registered under the SIRET number 999642911 00013, to non-professional buyers (hereinafter "the Buyer" or "the Customer") wishing to acquire the products offered for sale on the website www.kalium19.com.
The Buyer is required to carefully read these T&C prior to any transaction. Validating an order on the Site implies the Buyer's express, full, and unreserved acceptance of these T&C.
ARTICLE 1 - PURPOSE AND SCOPE
The purpose of these T&C is to define the rights and obligations of the parties in connection with the online sale of Kalium 19 branded products, including but not limited to resin collectibles (Art Toys, statues) and derivative or textile products (Apparel).
These T&C apply to all sales, regardless of whether the Buyer is located in France or abroad (Worldwide shipping).
ARTICLE 2 - PRICING AND MANIFEST TYPOGRAPHICAL ERRORS
2.1. Product prices are indicated on the Site in Euros (€) inclusive of all taxes (TTC) for France and the European Union (VAT not applicable, art. 293 B of the French CGI, due to micro-entreprise status), excluding shipping and transit insurance costs. The Seller reserves the right to modify prices at any time. Products will be billed based on the rates in effect at the exact time of the final order validation.
2.2. Manifest pricing errors:
In the event of a computer, technical, or typographical error displaying a clearly derisory, incorrect, or disconnected price (e.g., a statue at €30 instead of €300), the order will be considered null and void. The Seller reserves the right to cancel said order, even if it has been automatically confirmed and paid for. The Customer will be immediately informed and fully refunded, without being entitled to claim any compensation.
ARTICLE 3 - ORDERS AND PRE-ORDER SYSTEM
Certain Kalium 19 products may be offered as limited "Drops" or pre-orders.
3.1. The estimated delivery date for pre-orders is indicated on the product page for informational purposes. Given the complex industrial and artisanal manufacturing processes (polyurethane resin casting, effects application, hand-painting), these timeframes are subject to variations beyond the Seller's control (production constraints, strict quality controls).
3.2. A reasonable manufacturing or delivery delay, equal to or less than ninety (90) days from the initially estimated date, shall not constitute a legitimate ground for order cancellation or refund request by the Buyer.
ARTICLE 4 - PAYMENT METHODS, TRANSACTION SECURITY, AND DISCLAIMER OF BANKING LIABILITY
4.1. Purchases are settled by credit card or via secure third-party payment platforms offered on the Site (e.g., Shopify Payments, PayPal, Stripe).
4.2. Security and Disclaimer of banking liability:
The Kalium 19 online store is fully hosted by the e-commerce platform Shopify Inc. At the time of payment, all of the Buyer's financial data (card numbers, cryptograms, SSL encryption) is processed securely, confidentially, and directly by the secure servers of Shopify and partner banks.
Kalium 19 never has access to the Buyer's banking data and does not store any financial information on its own servers. Consequently, Kalium 19 declines all legal or financial responsibility regarding the management, security, technical flaws, or potential compromise of banking data, as these obligations fall strictly and exclusively on the Shopify hosting platform and the issuing banking institutions.
ARTICLE 5 - RETENTION OF TITLE
The ordered products remain the exclusive, full, and entire property of the Kalium 19 brand until the Seller has fully, effectively, and definitively collected the full purchase price (including shipping costs, insurance options, and taxes).
In the event of payment default or rejection (bank cancellation, unjustified dispute), the Buyer is required to immediately return the delivered product to Kalium 19, at their own exclusive expense.
ARTICLE 6 - ARTWORK CHARACTERISTICS, ARTISANAL TOLERANCE, AND SAFETY WARNING AGAINST ACCIDENTS
6.1. Artisanal finishing tolerance:
Kalium 19 statues and Art Toys are high-end artworks whose finishes (painting, UV varnish, Glow in the dark effects) involve a significant amount of manual human intervention. Consequently, slight color nuances, micro-surface details, or minor assembly variations compared to 3D digital renders or presentation photographs cannot be qualified as manufacturing defects. The Buyer expressly accepts this semi-artisanal nature, which guarantees the authenticity and exclusivity of their collectible.
6.2. SAFETY WARNING AND DISCLAIMER OF LIABILITY:
The products sold by Kalium 19 (particularly the 34 cm resin statues) are exclusively adult collectibles intended for individuals over fourteen (14) years of age. These products are in no way toys and are not intended for children.
These collectibles contain small delicate and detachable parts, as well as sharp areas (tension edges). Kalium 19 formally declines all legal responsibility in the event of an accident, bodily injury, or material damage resulting from inappropriate use or manipulation of the object by minors. The Buyer is solely responsible for keeping these artworks out of reach of children under 36 months (choking hazard from ingested parts) and unauthorized persons.
ARTICLE 7 - DELIVERY, TRANSFER OF RISK, AND STOLEN PACKAGE PROTOCOL:
7.1. Liability and transfer of risk: In accordance with Article L216-4 of the French Consumer Code, the Seller assumes the risk of loss or damage to the products during transport. The transfer of risk to the Buyer occurs at the exact moment the Buyer (or a third party designated by them) takes physical possession of the package.
7.2. Delivery requiring signature: To secure the delivery of high-value artworks, statues are systematically shipped using a secure delivery method requiring a signature upon receipt. If the Buyer expressly requests or authorizes the carrier to leave the package in a "safe place" in their absence (mailbox, doorstep, neighbor, concierge), the transfer of risk occurs at the time of the physical drop-off by the carrier at the requested location. Kalium 19 declines all responsibility in the event of subsequent theft.
7.3. Strict protocol for disputed or stolen packages: If the official carrier tracking (GPS proof, signed slip) indicates the package was "Delivered", but the Buyer disputes this delivery (allegation of mailbox theft or forged signature), the Buyer must imperatively provide Kalium 19 customer service, within three (3) business days, with:
- A handwritten and signed sworn statement certifying non-receipt of the package.
- A front/back copy of a valid ID.
- The official receipt of the police report for theft filed with the competent local police or authorities.
Upon receipt of these mandatory supporting documents, Kalium 19 will open an official investigation with the carrier. No refund, compensation, or replacement will be issued before the definitive closure of this investigation by the carrier. If the investigation confirms the validity of the delivery (exact GPS delivery coordinates, matching signature), no compensation will be granted.
ARTICLE 8 - RECEIPT OF ORDERS AND TRANSIT DAMAGE:
As the Seller is legally bound to guarantee product conformity until delivery, the Buyer has a strict obligation to inspect the condition of their package upon arrival.
8.1. Verification obligation: Upon physical delivery, the Buyer (or the receiving third party) must inspect the apparent condition of the packaging and the product in the presence of the delivery person. In the event of obvious anomalies (crushed, punctured, or opened box, or the distinct sound of broken pieces inside), the Buyer must imperatively:
Refuse the package, notifying the carrier of the reason for refusal.
OR write clear, precise, and specific handwritten reserves on the delivery slip (e.g., "Box dented on the right side, statue inside broken at the arm"). The generic mention "subject to unpacking" has no legal value and will be systematically rejected.
8.2. Reporting timeframe: Any transit damage or breakage discovered after opening must be photographed (packaging box and damaged product from multiple angles) and reported in writing to Kalium 19 customer service within a maximum of forty-eight (48) hours after delivery. Failure to strictly comply with this protocol and these deadlines will result in the rejection of any claim for transit damage, and no exchange or refund may be demanded by the Buyer.
ARTICLE 9 - RIGHT OF WITHDRAWAL AND STRICT RETURN CONDITIONS (ART TOYS AND APPAREL):
9.1. Legal timeframe: In accordance with Article L221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) calendar days from the receipt of their order to exercise their right of withdrawal, without having to provide any justification.
9.2. Conditions for accepting returns: As Kalium 19 offers high-end collectible goods, returns must meet absolute integrity criteria to allow for resale as new:
For Art Toys and statues (Resin): The product must be returned in strict clinical and original condition (statue intact, accessories included, certificate of authenticity present). The original packaging (graphic box, internal foam/styrofoam protective inserts, seals) must be returned perfectly intact. Damaged or destroyed original packaging permanently depreciates the collectible value of the object. Any product returned damaged, incomplete, or with deteriorated original packaging will be subject to a deduction proportional to the loss in value, up to the total cancellation of the refund (100% of the price).
For textile products (Apparel): Textile items must be returned brand new, unworn (except for a simple size fitting), unwashed, free of odors or stains, and with all original tags intact and attached. Any garment returned washed, soiled, or damaged will be refused.
9.3. Return costs and risks: Return shipping costs are the exclusive responsibility of the Buyer. The risks associated with the return transport (resin breakage, package loss by the Buyer's chosen carrier) fall entirely on the Buyer. It is expressly recommended that the Buyer purchase Ad Valorem transport insurance from their carrier to cover the value of the returned artwork.
ARTICLE 10 - LEGAL WARRANTIES (CONFORMITY AND HIDDEN DEFECTS):
All products supplied by Kalium 19 benefit from the mandatory legal warranties provided by French law, provided the products are used in accordance with their intended purpose.
10.1. Legal warranty of conformity (Articles L217-4 et seq. of the French Consumer Code): The Seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The Buyer has a period of two (2) years from the delivery of the goods to act. They may choose between repair or replacement of the goods, subject to the cost conditions set out by law.
10.2. Warranty against hidden defects (Articles 1641 et seq. of the French Civil Code): The Seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use. The Buyer may choose between canceling the sale (full refund against return of the product) or a reduction in the sale price. The action must be brought within a period of two (2) years from the discovery of the hidden defect.
10.3. Strict warranty exclusions: The legal warranties do not cover damage resulting from:
An accident caused by the Buyer (statue falling, impact, rough handling).
Inappropriate exposure of the statue (direct sunlight, excessive heat, humidity).
Normal wear and tear of textiles or maintenance not in accordance with the instructions on the label.
ARTICLE 11 - INTELLECTUAL PROPERTY, COPYRIGHT, AND REGISTERED TRADEMARK:
11.1. European trademark registration: The "Kalium 19" brand is officially registered, filed, and protected at the European level with the EUIPO (European Union Intellectual Property Office) across all its classes and derivative product domains, including but not limited to art figures, statues, entertainment, and apparel lines.
11.2. Copyrights: All constituent elements of the Site and products, including but not limited to 3D models and designs, physical sculptures, visual identity, logos, illustrations, texts, and the narrative universe (Lore) associated with the character Raw Mood, are the exclusive and absolute property of Stéphane Guingat / Kalium 19 and are protected by international copyright laws.
11.3. Prohibition of reproduction and copying: The acquisition of a Kalium 19 product solely grants the Customer the material ownership of the physical copy. It is strictly and formally forbidden to copy, mold, reproduce, 3D scan, digitize, or commercially exploit the designs, brand, or universe of Kalium 19 without prior, official written consent from the Seller. Any infringement will result in immediate legal prosecution.
ARTICLE 12 - CUSTOMS DUTIES AND IMPORT TAXES (INTERNATIONAL):
For all orders shipped outside the European Union (notably to the United States, Switzerland, the United Kingdom, or Asia), products are sold exclusive of European customs taxes.
The Buyer is solely and exclusively responsible for paying any customs duties, local import taxes, local VAT, or other applicable administrative fees that may be required by the destination country's authorities. Kalium 19 has no control over these fees and cannot estimate their amount. In the event the Buyer refuses to pay these fees upon arrival, resulting in the return of the package to the sender, the full cost of round-trip shipping, as well as any imposed customs return penalties, will be deducted from the Buyer's refund.
ARTICLE 13 - TECHNICAL LIABILITY LIMITATION AND TRAFFIC SURGES ("DROPS"):
Kalium 19 strives to keep its Site continuously accessible. However, the Seller declines all responsibility in the event of slowdowns, server bugs, technical interruptions, or Site unavailability caused by massive waves of simultaneous user connections, particularly during the launch of ultra-limited collections ("Drops" system). The Seller cannot be held liable for any damages or lost purchasing opportunities related to the use of the Internet.
ARTICLE 14 - FORCE MAJEURE:
The execution of the Seller's obligations under these T&C will be suspended in the event of a force majeure occurrence as defined by Article 1218 of the French Civil Code and French court jurisprudence (e.g., natural disasters, pandemics, transport strikes, etc.). Kalium 19 will inform the Buyer of such an event and the necessary extension periods, without any late penalties being claimable.
ARTICLE 15 - PERSONAL DATA PROTECTION (GDPR):
The nominative information and personal data collected from the Buyer are essential for processing orders and shipping packages. Kalium 19 commits to handling this information in strict compliance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679). The Buyer has the right to access, rectify, object to, and delete their personal data at any time by writing to: contact@kalium19.com.
ARTICLE 16 - MODIFICATION OF THE T&C:
The Seller reserves the right to modify or adapt these T&C at any time and without notice. The T&C applicable to a transaction are exclusively those published online and in effect on the Site at the exact time of the final order validation by the Buyer.
ARTICLE 17 - DISPUTE RESOLUTION, MEDIATION, AND APPLICABLE LAW:
17.1. Applicable law: These T&C and all resulting commercial transactions are exclusively governed by French law, regardless of the Buyer's country of residence or the package's delivery location.
17.2. Mandatory consumer mediation: In the event of a dispute, the Buyer must first contact Kalium 19 customer service at contact@kalium19.com to seek an amicable solution.
In accordance with Article L. 612-1 of the French Consumer Code, if no amicable solution is found, the Buyer has the right to access a consumer mediator free of charge. The Buyer may contact the following mediator: [Insert mediator name and link here, e.g., CM2C - https://www.cm2c.net/].
17.3. Competent jurisdiction: Failing an amicable agreement or successful mediation, all disputes arising from the sales operations covered by these T&C will be submitted exclusively to the territorial jurisdiction of the French courts.
