General Terms of Use for the Customer Account and MyKorner Loyalty Programme

ARTICLE 1 – PURPOSE AND SCOPE

These General Terms of Use (hereinafter the “Terms of Use”) are intended to define the terms and conditions governing access to and use of the customer account shared by the YellowKorner and LabKorner brands (hereinafter the “Customer Account”), as well as the operating conditions of the MyKorner loyalty programme.

The Customer Account is provided by YKF S.A.S., whose registered office is located at 84 rue Beaubourg, 75003 Paris, France, registered with the Paris Trade and Companies Register under number 489 809 186 (hereinafter “YKF”).
It enables a user (hereinafter the “User” or “Member”) to have a single account providing access to various services offered by YellowKorner and LabKorner.
Creating and using the Customer Account implies acceptance of these Terms of Use.
Purchases of products or services made from YellowKorner or LabKorner remain subject to the General Terms and Conditions of Sale applicable to the relevant website, brand and sales channel at the time the order is placed.

ARTICLE 2 – A SINGLE YELLOWKORNER AND LABKORNER ACCOUNT

The Customer Account is shared by the YellowKorner and LabKorner brands.
A single email address may only be associated with one Customer Account.
The User therefore has a unique identifier enabling them to access YellowKorner and LabKorner services compatible with the Customer Account using the same login credentials.
Depending on the services available and the User’s history, the Customer Account may in particular enable the User to:

view and modify certain personal information;
view purchases and orders made with YellowKorner and/or LabKorner and linked to the account;
track the status of certain orders;
retrieve creations or projects saved on LabKorner when they are still available;
save and view favourite artworks;
view information relating to the MyKorner programme;
view their points balance and status;
access their vouchers, rewards, benefits, offers or promotional codes;
view their YellowKorner acquisitions;
view their LabKorner creations;
manage certain communication preferences;
access any other service subsequently offered within the Customer Account.

Certain features may differ between YellowKorner and LabKorner or may not be available in certain countries.

ARTICLE 3 – ACCOUNT CREATION

Creating a Customer Account is free of charge.
To create an account, the User must provide the mandatory information requested during registration, including a valid email address and a password meeting the specified security requirements.
The User undertakes to provide accurate, complete and up-to-date information.
YKF may ask the User to confirm their email address or carry out any other operation reasonably necessary to verify their identity or secure their account.
Purchases previously made from YellowKorner or LabKorner may be linked to the Customer Account when they can be identified as belonging to the same User, in particular through the email address used at the time of purchase.

ARTICLE 4 – ACCESS CONDITIONS

The User must have the legal capacity required to use the services offered within the Customer Account.
Where use of a feature involves entering into a contract or making a purchase, any age and legal capacity requirements set out in the relevant General Terms and Conditions of Sale remain applicable.
Access to the Customer Account requires an Internet connection as well as compatible equipment and browser.
Costs relating to Internet access and use of the equipment remain the responsibility of the User.

ARTICLE 5 – LOGIN CREDENTIALS AND ACCOUNT SECURITY

The login credentials used to access the Customer Account are personal and confidential.
The User is responsible for keeping their password secure and confidential. The User undertakes not to disclose their login credentials to any third party and to take reasonable precautions to prevent any unauthorised access to their account.
In the event of loss, suspected fraudulent use or unauthorised access to their account, the User must change their password as soon as possible and, where necessary, contact Customer Service.
YKF reserves the right to implement any security measures necessary to protect the User’s account and data, including requiring re-authentication, a password reset or email address verification.

ARTICLE 6 – ACCOUNT INFORMATION AND HISTORY

The Customer Account may centralise information from the various YellowKorner and LabKorner services.
Orders or transactions displayed in the Customer Account are linked to the account on the basis of the information available in YKF’s systems.
Certain older orders, orders placed without prior identification, orders placed using another email address or certain transactions carried out through partners or independent points of sale may not automatically appear in the Customer Account.
The absence of an order or transaction from the Customer Account does not affect any rights the User may have in relation to that order.
Contractual documents, order confirmations, invoices and other supporting documents applicable to a purchase remain governed by the terms and conditions corresponding to the relevant transaction.

ARTICLE 7 – FAVOURITES

The Customer Account may allow certain YellowKorner photographs or artworks to be saved in a favourites list.
Adding an artwork to favourites does not constitute a reservation or an order and does not guarantee its future availability, price or continued inclusion in the catalogue.
A photograph saved as a favourite may in particular become unavailable, sell out or be withdrawn from sale.

ARTICLE 8 – MYKORNER LOYALTY PROGRAMME

MyKorner is the loyalty programme shared by the YellowKorner and LabKorner brands.
It enables its Members to earn points on purchases made from YellowKorner and LabKorner and to receive additional points or benefits as part of certain promotions or operations.
Accumulated points may in particular be used:

to determine the Member’s MyKorner status and the associated benefits;
to be exchanged for vouchers that can be used at YellowKorner and LabKorner.

Membership of the MyKorner programme is linked to the creation and use of a MyKorner account.
Membership is free of charge and available to customers in the European Union, Great Britain, the United States, Canada, the United Arab Emirates, South Korea and Mexico.
Each Member may only have one MyKorner account.
YellowKorner and LabKorner purchases linked to the same account contribute to the same points balance.

ARTICLE 9 – EARNING POINTS

MyKorner points may in particular be earned:

through purchases made at YellowKorner or LabKorner;
through complimentary points awarded as part of the programme;
as part of occasional promotional operations.

The number of points awarded depends on the Member’s status and the currency used for the purchase.

Reference amount required to earn 1 point with Explorer status :

1 EUR
5 AED
2 CAD
1 CHF
1,500 CLP
10 DKK
1 GBP
2,000 KRW
20 MXN
12 NOK
12 SEK
2 USD

This reference amount is then multiplied according to the Member’s MyKorner status:

Explorer: 1 point per reference unit spent;
Art Lover: 1.5 points per reference unit spent;
Ambassador: 3 points per reference unit spent.

Example: for an Explorer Member paying in euros, every €1 spent earns 1 point. For an Art Lover Member, every €1 spent earns 1.5 points.
Where a fraction of a point is earned, the number of points is rounded up to the next whole point.

ARTICLE 10 – CURRENCY ASSOCIATED WITH THE ACCOUNT

The currency associated with the Member corresponds to the currency used for their most recent order.
If no previous order has been placed, the default currency is the euro (EUR).
The currencies currently covered by the programme are: EUR, AED, CHF, GBP, CAD, USD, NOK, DKK, SEK, KRW, MXN and CLP.

ARTICLE 11 – CREDITING AND POINT CALCULATION PERIOD

The date on which points are credited depends on the order delivery method:

for an order delivered directly to the customer, points are credited when the order is dispatched;
for an order delivered to a gallery, points are credited when the customer receives the order.

The MyKorner programme operates on the basis of points calculated over a rolling two-year period.
The number of points taken into account to determine the Member’s status corresponds to the applicable balance over this period.

ARTICLE 12 – MYKORNER STATUSES

The Member’s status is guaranteed for one year after it is obtained. During this period, the Member’s status may increase but cannot decrease.

There are three statuses.

Explorer

Explorer status corresponds to a balance of between 0 and 499 accumulated points.
It provides benefits including:

1 point per reference unit spent;
10 welcome points upon reaching the status;
10 points on the Member’s birthday;
reduced shipping costs at YellowKorner;
exclusive offers and invitations to events.

Art Lover

Art Lover status corresponds to a balance of between 500 and 2,499 accumulated points.
It provides benefits including:

1.5 points per reference unit spent;
20 welcome points upon reaching the status;
one free framed Artprint, redeemable with the next purchase, in a gallery or from LabKorner;
20 points on the Member’s birthday;
reduced shipping costs at YellowKorner;
exclusive offers and invitations to events.

Ambassador

Ambassador status is available from 2,500 accumulated points.
It provides benefits including:

3 points per reference unit spent;
100 welcome points upon reaching the status;
one free Classique 50 × 40 cm or Sélection with the next purchase;
100 points on the Member’s birthday;
reduced shipping costs at YellowKorner;
exclusive offers and invitations to events.

ARTICLE 13 – PRODUCT BENEFITS ASSOCIATED WITH STATUSES

Free product vouchers generated as part of MyKorner benefits may be used once only and are valid for 6 months from their date of issue.
To receive the free product, it must be added to an order containing at least one paid product.
Their use depends on the relevant reward:

Framed Artprint: available in YellowKorner galleries and from LabKorner only;
Classique 50 × 40 cm: the voucher is valid for framed Classique 50 × 40 cm formats with a glossy acrylic glass finish. Available in galleries, on YellowKorner.com and from LabKorner;
Sélection: available from LabKorner.

ARTICLE 14 – EXCHANGING POINTS FOR VOUCHERS

MyKorner points may be exchanged for vouchers according to the following scale:

Points used	Voucher value	Minimum purchase amount
400 points	€10	€15
600 points	€15	€20
800 points	€20	€25
1,500 points	€50	€55
3,000 points	€100	€105

Equivalent amounts in other currencies are adjusted according to the scale applicable to the Member’s currency.
Vouchers generated from MyKorner points:

may be used in galleries and on the YellowKorner and LabKorner websites;
are valid for 30 days from the date the points are exchanged;
may not be used to purchase a gift card;
may not be combined with one another.

ARTICLE 15 – CANCELLATION, EXCHANGE, REFUND AND CREDIT NOTE

If an order is cancelled, the points earned from that order are deducted from the Member’s points balance.
Where a credit note is issued for an order, the points earned from that order are not deducted from the Member’s balance.
If the Member subsequently places a new order paid for using that credit note, no points are earned on the new order.

ARTICLE 16 – BIRTHDAY POINTS

Depending on their status, the Member may receive points on their birthday:

Explorer: 10 points;
Art Lover: 20 points;
Ambassador: 100 points.

Once entered, the date of birth cannot be changed.

ARTICLE 17 – USE OF THE CUSTOMER ACCOUNT AND MYKORNER PROGRAMME

The MyKorner account and the benefits associated with it are intended for the personal use of the account holder.
Points, vouchers and benefits are personal, non-transferable and cannot be exchanged for cash.
The User undertakes to use the Customer Account fairly and in accordance with these Terms of Use and applicable laws and regulations.

In particular, it is prohibited to:

access or attempt to access another User’s account;
circumvent or attempt to circumvent security measures;
use the Customer Account for fraudulent purposes;
disrupt or attempt to disrupt the operation of the services;
introduce viruses, malware or any other element capable of damaging IT systems;
automatically collect or extract data accessible from the Customer Account without authorisation;
misuse benefits, points, rewards, vouchers or promotional codes associated with the account.

In the event of fraudulent, abusive or clearly non-compliant use, YKF may take the measures necessary to protect its services and other users, including temporarily restricting access to certain features or suspending the relevant account, subject to applicable legal provisions.

ARTICLE 18 – AVAILABILITY AND DEVELOPMENT OF THE CUSTOMER ACCOUNT

YKF uses reasonable means to ensure the accessibility and proper operation of the Customer Account.
However, access may be temporarily interrupted, in particular due to:

maintenance operations;
updates;
technical incidents;
malfunctions affecting the Internet or third-party service providers;
events beyond YKF’s control;
measures necessary to ensure system security.

YKF may develop, add, modify or remove certain features of the Customer Account.

ARTICLE 19 – MODIFICATION, SUSPENSION OR TERMINATION OF THE MYKORNER PROGRAMME

YellowKorner and LabKorner reserve the right to modify, suspend or terminate the MyKorner programme.
They may in particular change:

the points earning and redemption scale;
status thresholds;
benefits associated with statuses;
conditions governing the use of vouchers and rewards.

In the event of a significant change to or termination of the programme, Members will be informed by any appropriate means.
In the event of permanent termination, Members will be informed of the conditions governing the use of any remaining points, vouchers and rewards.
At the end of the communicated period, unused benefits may be cancelled without conversion into cash or compensation.

ARTICLE 20 – LIABILITY

YKF shall not be liable for damage resulting from use of the Customer Account contrary to these Terms of Use or from any fault attributable to the User.
The User remains responsible in particular for the security of their equipment, Internet connection and login credentials.
YKF shall likewise not be liable for interruptions or malfunctions attributable to third-party service providers, the Internet network or circumstances beyond its control, subject to any mandatory applicable legal provisions.
Nothing in these Terms of Use is intended to exclude or limit any right or liability that cannot legally be excluded or limited.

ARTICLE 21 – PERSONAL DATA

In connection with the creation and use of the Customer Account and the MyKorner programme, YKF may collect and process personal data relating to the User.
Such data may include:

identification and contact details;
date of birth;
purchase and order history;
LabKorner creations;
favourite artworks;
points balance;
MyKorner status;
vouchers, benefits and rewards associated with the account;
communication preferences.

Such processing may in particular be necessary to:

create, authenticate and manage the Customer Account;
enable the use of a shared YellowKorner and LabKorner account;
link and display orders, purchases and services associated with the User;
manage creations, favourites and preferences;
administer the MyKorner loyalty programme;
calculate points and statuses;
allocate and manage benefits and rewards;
ensure account security and prevent fraud;
manage requests submitted to Customer Service;
comply with applicable legal and regulatory obligations.

Certain data may also be used to send Members communications relating to the programme, in accordance with their preferences and applicable regulations.
Detailed information regarding the collection, processing and retention of data, as well as the User’s rights, is set out in the Privacy Policy, accessible from the YellowKorner and LabKorner websites and from the Customer Account.
Preferences relating to marketing communications may be managed independently of the existence of the Customer Account. Creating an account does not, in itself, constitute consent to receive marketing communications where applicable regulations require prior consent.

ARTICLE 22 – INTELLECTUAL PROPERTY

The Customer Account, the YellowKorner and LabKorner websites and all elements comprising them or made available through them, including texts, photographs, illustrations, graphics, logos, trademarks, visual elements, videos, interfaces, software and databases, are protected by applicable intellectual property rights.
They belong to YKF, the relevant artists or their respective rights holders and are used with their authorisation.
Unless prior authorisation has been obtained or an exception is provided for by law, any reproduction, representation, adaptation, modification, extraction or exploitation, in whole or in part, of these elements is prohibited.
Creating a Customer Account does not grant the User any intellectual property rights over the artworks or content offered by YellowKorner and LabKorner.
These provisions are without prejudice to the rights held by the User over their own photographs and content submitted to LabKorner.

ARTICLE 23 – ACCOUNT CLOSURE

The User may request the closure of their Customer Account using the options available within their account or by contacting Customer Service.
Closing the account may result in the loss of access to certain associated features, including favourites, saved creations or information relating to the MyKorner programme, subject to the specific rules applicable to each of these services.
Closing the Customer Account does not necessarily result in the immediate deletion of all data relating to the User.
Certain information may in particular be retained for the period necessary to fulfil ongoing orders, comply with YKF’s legal or regulatory obligations, establish evidence of a contract or defend legal rights.
The conditions governing data deletion and retention are set out in the Privacy Policy.

ARTICLE 24 – AMENDMENTS TO THESE TERMS OF USE

YKF may amend these Terms of Use, in particular to take account of changes to the Customer Account, its features, the MyKorner programme, its services or applicable regulations.
The applicable version of the Terms of Use is the version available online at the time the Customer Account is accessed.
Where amendments are likely to materially affect Users’ rights or obligations, YKF may inform them by any appropriate means and, where required by applicable regulations, request renewed acceptance.

ARTICLE 25 – RELATIONSHIP WITH OTHER TERMS AND CONDITIONS

These Terms of Use govern access to and use of the shared YellowKorner and LabKorner Customer Account and the operation of the MyKorner programme.
In particular, they do not replace:

the YellowKorner General Terms and Conditions of Sale;
the LabKorner General Terms and Conditions of Sale;
the Privacy Policy;
the Cookie Policy;
specific terms and conditions applicable to certain offers, promotions or services.

In the event of a conflict relating to a specific sale, service, offer or promotion, the applicable specific terms and conditions shall prevail over these Terms of Use in respect of the provisions concerned.

ARTICLE 26 – CUSTOMER SERVICE

For any questions concerning the use of the Customer Account or the MyKorner programme, the User may contact Customer Service using the forms and contact details available on the YellowKorner and LabKorner websites.
In order to process the request and protect the security of the User’s account, the User may be asked to provide information enabling their identity to be verified or the relevant account to be identified.

ARTICLE 27 – APPLICABLE LAW AND DISPUTE RESOLUTION

In the event of any difficulty relating to the use of the Customer Account or the MyKorner programme, the User is invited to contact Customer Service first in order to seek an amicable solution.
Where the User qualifies as a consumer, they may also benefit from consumer mediation procedures provided for by applicable regulations, under the conditions specified in the relevant General Terms and Conditions of Sale.
If no amicable resolution can be reached, the dispute may be brought before the competent courts in accordance with the applicable rules of ordinary law.