Article 1 – DEFINITIONS
In the context of these General Terms and Conditions of Sale, the following capitalized or capitalized terms, used in the singular or plural, shall have the meaning defined below:
«Service provider»: means Henri Comte Photographe, publisher of the Site whose contact details are specified in the Legal Notice tab of the Site.
«Site»: means the website «www.phototheque-languedoc.fr» which is published by the Service Provider and on which the Customers can place an Order for Photographic Products.
«Photographic Products»: means the photographic products likely to be the subject of an Order by a Customer on the Site namely original photographic prints signed and numbered.
«Customer»: means a person who places an Order for one or more Photographic Product(s) from the Site.
«Visitor»: means a user who does not hold an Account and who visits one or more pages of the Site.
«Order»: refers to the order with payment obligation for Photographic Products placed by a Client to the Service Provider from the Site.
«Account»: refers to the individual account of any Client on which he can log in with a personal username and password.
«General Conditions of Sale»: refers to these general conditions of sale.
«Privacy Policy»: refers to the document that explains in particular how the Service Provider implements its obligations for the protection of the personal data of its Customers and informs them of their rights.
Article 2 – PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purpose of these General Conditions of Sale is to define the conditions applicable to Orders for Photographic Products placed by Customers from this Site.
The General Terms and Conditions of Sale are available on the Service Provider’s Website and are expressly accepted by the Customer prior to any Order. Placing an Order implies the Customer’s immediate, full and unreserved acceptance of the General Terms and Conditions of Sale.
Only persons able to legally contract may order Photographic Products on the Site.
The Service Provider reserves the right to modify the General Conditions of Sale at any time, the version of the General Conditions of Sale applicable to an Order is that in force at the time of the confirmation of the Order by the Customer.
Article 3 – CHARACTERISTICS OF PHOTOGRAPHIC PRODUCTS
The essential characteristics of the Photographic Products that may be the subject of an Order are indicated on the sheet of each Photographic Product on the Service Provider’s Website.
Article 4 – ACCOUNT
Any Visitor has the possibility to create an Account on the Service Provider’s Site at any time, failing which he must create an Account when placing his first Order.
To do this, he must provide a certain amount of personal information that he guarantees is accurate. They must also choose a password that they agree to keep confidential and secure. In case of suspicion of use of his Account by a third party, he must inform the Service Provider without delay.
By creating an Account, he acknowledges having read the Provider’s Privacy Policy, which he may consult at any time on the Site.
Article 5 – THE ORDER
When the Customer has selected the Photographic Product(s) and before definitively validating his Order, he has the opportunity to check the detail and its total price, modify it and correct any errors.
After having read and accepted these General Conditions of Sale by ticking the box provided for this purpose, the Customer can then revise and definitively validate his Order and proceed to his payment by clicking on the button «PAY».
He will receive by email a confirmation of his payment and his Order containing all the contractual information of it accompanied by the General Conditions of Sale and the withdrawal form.
Article 6 – AVAILABILITY OF PHOTOGRAPHIC PRODUCTS
The Photographic Products offered are available as long as they are visible on the Service Provider’s Website.
In case of unavailability of the Photographic Product after placing an Order, the Customer will be informed by email or telephone and his Order will be automatically cancelled.
Article 7 – PRICES AND PAYMENT CONDITIONS
7.1 Prize
The price of the Photographic Products is indicated on the Service Provider’s Website in Euros, All Taxes Included (TTC) at the legal VAT rate in force.
The price does not include delivery costs. The Customer is informed of the amount of the delivery costs and the total price of the Order All Taxes Included (TTC) at the latest before confirming his Order.
The Service Provider reserves the right to change prices and/or delivery charges at any time. The prices and delivery charges applicable to an Order are those in force at the time of confirmation of the Order by the Customer.
7.2 Secure payment
The payment of the Orders is made in EUROS, only once and only online, by paypal or by credit card (CB, Mastercard, Visa) by a secure payment system. The credit card information transmitted by the Customer is secure and encrypted and is not transmitted to the Service Provider.
The Customer guarantees that he is the holder of the bank card to debit.
7.3 Retention of title
The Photographic Products remain the property of the Service Provider until full payment of the price.
Article 8 – RIGHT OF WITHDRAWAL FOR THE CUSTOMER
8.1 Procedures for exercising
The Customer has a period of 14 days from receipt of the ordered Photographic Product to exercise his right of withdrawal without having to justify any reason or pay penalties. To do so, it must inform the Service Provider by sending it an unambiguous declaration or the withdrawal form included in the appendix to the General Terms and Conditions of Sale by email or by post.
From the communication of his decision to withdraw, he has another period of 14 days to return the Photographic Product to the Service Provider.
The costs of returning the Photographic Product shall be borne by the Customer.
The Photographic Product must be returned by the Customer in its original condition, presentation and packaging, new and in perfect condition. In case of depreciation of the Photographic Product (damaged, worn, damaged, scratched, deformed, trace of wear...) resulting from manipulations other than those necessary to establish its nature, characteristics and proper functioning, the responsibility of the Customer may be engaged.
The Service Provider shall reimburse the Client for all sums paid, including delivery costs (except return costs which remain the responsibility of the Client) at the latest within 14 days from the date on which it is informed of its decision to withdraw.
8.2 No right of withdrawal
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to:
- The supply of goods made to consumer specifications or clearly customized such as photographic prints;
- The supply of digital content not provided on a material medium, the execution of which began with the express prior agreement of the consumer and express waiver of his right of withdrawal.
Professional Customers do not have a right of withdrawal.
Article 9 – DELIVERY
The Photographic Product is delivered to the address indicated during the Order. The Customer may also choose to remove the Photographic Product from the Service Provider’s premises.
The Delivery is made only after confirmation of payment by the bank of the provider.
Photographic Products are delivered within fifteen (15) working days. The delivery time by post is subject to the processing of this service by the postal services, public or private, freely chosen by the Service Provider
The products are delivered to the address indicated by the Customer when ordering. The Customer must ensure its accuracy. Any parcel returned to the Service Provider due to an incorrect or incomplete address will be forwarded at the Customer’s expense.
If the Customer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to collect the package at the indicated place within the indicated time.
If at the time of delivery, the original packaging is damaged, torn or opened, the Customer must then check the condition of the items in the presence of the deliveryman. If they have been damaged, the Customer must refuse the package and issue written, precise and detailed reservations on the delivery note.
This verification is considered to be carried out once the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm by registered mail these reservations to the carrier at the latest within three (3) working days of receipt of the Photographic Products and send a copy of this letter by email or letter to the Service Provider
Article 10 – TRANSFER OF RISKS
In accordance with the law, the risk of loss or damage of the Photographic Products is transferred to the Customer at the time when the latter, the recipient or a third party designated by him, takes physical possession of the Photographic Products.
Article 12 – RESPONSIBILITY
The Service Provider cannot under any circumstances be held liable for non-performance, failure or delay to perform one of its obligations under these General Terms and Conditions of Sale which would be due to a case of force majeure within the meaning of the jurisprudence of the French Courts and Tribunals or to a fact attributable to the Client, such as negligence or failure of the Client to fulfil its obligations.
Article 13 – INTELLECTUAL PROPERTY
The photographs taken are and remain the intellectual property of the Service Provider according to the rules of articles L-121 and following of the Code the Intellectual Property. The rights on photographs transmitted on material medium (photographic print) are strictly limited to use in private.
Any use of the Photographic Products of the service provider beyond this use and without its authorization constitute infringement within the meaning of Art L335-2 of the same Code, and are punishable, under this article, up to 3 years imprisonment and a fine of €300,000
In the context of the purchase of Photographic Products by a Professional Client for a representation (exhibition) in a place open to the public, a contract defining the representation rights must be signed between the Professional Client and the Service Provider.
Article 14 – PERSONAL DATA
The personal information and personal data whose entry is mandatory to place an Order are necessary for the management and processing of the Order by the Service Provider.
The processing of personal data takes place within the framework of the Service Provider’s Privacy Policy, which the Client may consult at any time on the Site.
Section 15 – SEVERABILITY
If one or more clauses of the General Conditions of Sale is/are declared null and void or unenforceable under a law, regulation or following a final decision of a competent court, it will be deemed unwritten, the other clauses retaining their full force and scope.
Article 16 – AMICABLE RESOLUTION – MEDIATION – APPLICABLE LAW
16.1 Amicable Resolution and Mediation
In case of dispute or difficulty that would arise between the parties, they undertake to strive for an amicable settlement.
The initiating party who intends to implement this clause must send to the other a registered letter with acknowledgement of receipt or an email that must explain the subject of the dispute. The receiving party shall respond in the same form within a reasonable time from receipt of the letter or email. All the due diligence that the parties will have to perform in order to reach, if necessary, an amicable resolution of the dispute that must occur within thirty (30) calendar days from the day after receipt of the letter (or email) addressed by the initiating party.
In accordance with the provisions of the French Consumer Code, in the event of failure to resolve the dispute amicably, the Client may contact the mediator to which the Service Provider belongs, namely Idiot, sis [To be completed: Mediator’s address] – [To be completed: Mediator’s URL], free of charge. This is not an obligation.
In accordance with EU Regulation 524/2013, the Consumer Customer can also contact the European Commission’s online dispute resolution portal by accessing the following link: https://webgate.ec.europa.eu/odr/.
16.2 Applicable law
These General Conditions of Sale are written in French. They can only be interpreted in their French version.
These General Terms and Conditions of Sale and Orders are subject to French law and in case of dispute the French courts are the only competent.