Our General Terms and Conditions Sale
This site is published by ******* (hereinafter "the SELLER").
The SELLER, through its Site, carries out an online sales activity of photographic prints on different media. ("The products")
Website address: https://www.baiedesommephoto.fr(hereinafter the Site)
Telephone: +33 (0)7 81 47 58 17
"VAT not applicable according to article 293 B of the General Tax Code"
GENERAL PROVISIONS
These General Terms and Conditions of Sale (the "CGV") are concluded between Mr Offry Yann, micro-entrepreneur and any non-commercial natural person ("THE BUYER") wishing to make a purchase on the Site.
Before placing an order, the BUYER declares having read the following provisions and expressly accepts the terms set out below.
Placing an order implies the BUYER's full and unreserved acceptance of these GTC. They constitute the only contractual document binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs, on any medium whatsoever, which have only an indicative value. These GTC are available on the Site where they can be consulted directly and can also be communicated upon simple request made by telephone, email or post.
The SELLER reserves the right to modify the General Terms and Conditions. They will be applicable as soon as they are posted online to all orders placed after they are posted online.
PROTECTION OF MINORS
The purchase of Products is reserved for persons with the capacity to contract within the meaning of Articles 1123 and 1124 of the French Civil Code.
1- PRODUCTS
The products governed by these General Terms and Conditions of Sale are those that appear on the Website www.baiedesommephoto.fr. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. The photographs are not contractual in nature. However, if errors or omissions may have occurred regarding this presentation, the SELLER cannot be held liable.
The BUYER must refer to the instructions for use and maintenance before any use.
2- THE OFFER
Product offers are valid as long as they are visible on the website subject to the availability of the Products.
In the event of unavailability of a product, the BUYER will be informed as soon as possible. The BUYER will have the option of choosing between a full refund of his order or waiting for the SELLER to restock.
3- PRICE, TAXES AND FEES
Product prices are exclusive of delivery costs (shipping, packaging and preparation of the package according to the amounts in force). The amount of delivery costs will be specified in the shopping cart before validation of the order.
However, the price cannot be modified once the BUYER's order has been validated.
All prices displayed are exclusive of taxes ("VAT not applicable according to article 293 B of the General Tax Code").
It is the buyer's responsibility to check with the competent authorities the possibilities of importing the products purchased with regard to the law and rules of his department, territory, state and/or country of delivery.
Following a purchase made on the website www.baiedesommephoto.fr, taxes, fees, customs duties and/or additional duties (for example: VAT, local taxes, import duties, state taxes, etc.), imposed when the package reaches its destination, may be due by the buyer to the competent authorities or authorized intermediaries in the department, territory, state and/or country of delivery whose address is not located on French territory.
These taxes, fees, customs duties and/or additional duties (for example: VAT, local taxes, import duties, state taxes, etc.) related to the delivery of an item are the responsibility of the buyer and are the latter's responsibility, both in terms of declaration and payment to the competent authorities and organizations of the department, territory, state and/or country of delivery concerned.
The company Offry Yann is not required to verify and inform the buyer of these taxes, fees, customs duties and/or additional duties (for example: VAT, local taxes, import duties, state taxes, etc.) applicable.
To find out about them, the buyer is required to inquire in advance with the competent authorities of his department, territory, state and/or country.
4 - THE ORDER
The BUYER places his order online.
The BUYER has the choice between creating an account on the SELLER's website or ordering directly as a guest, which avoids creating an account (in this case, the BUYER receives all the useful information on the email address he has chosen).
The data recorded by the SELLER when placing the order constitutes proof of the transactions between the SELLER and the BUYER.
The information provided by the BUYER when placing the order is binding on the BUYER: in the event of an error by the BUYER in the wording of his contact details or those of the place of delivery, resulting in the loss of the Products, the BUYER remains liable for payment of the lost products.
A confirmation is sent to the BUYER by email summarizing the contractual information relating to his order (including the order number). It will be valid between the two Parties.
In accordance with Article L.122-2 of the Consumer Code, the SELLER reserves the right to refuse any order from a BUYER with whom there is or has been a dispute regarding the payment of a previous order placed.
In certain cases, including non-payment, incorrect address or other problem with the BUYER's account, the SELLER reserves the right to block the BUYER's order until the problem is resolved.
Any order is considered effective when the online payment banking organization has given its agreement or when the amounts have actually been collected. In the event of refusal by said organization or inability to collect the amounts, the order is automatically cancelled.
Any incomplete or obviously erroneous order will not be taken into account. In any event, the BUYER's contact details taken into account by the SELLER are those that the BUYER has indicated.
The BUYER declares that he has full legal capacity to commit to these General Terms and Conditions of Sale and to orders placed.
5 - PLACING AN ORDER
1. Select the Product and add it to the basket.
2. Complete the order form.
3. Check the elements of the Order and, if necessary, identify and correct errors.
4. Validate the Order, the Total Price per product and the Order Total by clicking on the "Pay my order" tab.
5. Follow the instructions of the online payment server to pay the Order Total or the payment instructions notified to the BUYER.
The Customer receives electronically and without delay an acknowledgement of receipt including the essential information of the order constituting confirmation of the Order and acceptance of payment, this is the Order Confirmation.
The sales contract between the Seller and the Customer is formed when the Customer clicks on the “Pay my order” button when registering his order.
Until this final step, the Customer will have the possibility to return to the previous pages and to correct and modify his order and the information previously provided.
Once the basket is validated, the BUYER must accept the General Conditions of Sale, choose the address and the delivery method, and finally validate the payment method, this last step formalizing the sales contract between the SELLER and the BUYER.
The SELLER will acknowledge receipt of the order upon its validation by sending an email.
6 - PAYMENT TERMS
THE BUYER has the choice to pay for their purchases:
- by credit card:
Carte Bleue, e-carte bleue, Visa, Mastercard;
- with their PAYPAL account;
By choosing payment via PayPal, THE BUYER will be automatically directed to their PayPal account. Once the Paypal payment has been validated, the BUYER will be able to complete their order on the Website.
7- DELIVERY
Unfortunately, it is not possible to choose a specific delivery service. The SELLER reserves the right to choose the carrier based on various factors such as the weight, format and delivery destination of the product.
Delivery times are generally 12 working days, the time required to prepare, print and ship the photographic print (PRODUCT).
In the event that the Product(s) cannot be delivered, it will be returned to the SELLER and it will be up to the BUYER to contact the SELLER to schedule a new delivery.
8- WITHDRAWAL
In accordance with the applicable texts in force of the consumer code and in the context of distance selling, the buyer has a withdrawal period of 14 clear days from the date of confirmation of the validation of an order. The notification of withdrawal must be made by post or by email to the address mentioned in the General Conditions of Sale herein.
The SELLER undertakes to reimburse the Customer who has notified in time the exercise of his right of withdrawal within a maximum period of 30 days from receipt of the notification of withdrawal.
We will proceed with the reimbursement using the same means of payment as that which you used for the initial transaction, unless you expressly agree to a different means, in any event, this reimbursement will not incur any costs for you.
You must return or return the product to us without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract.
The products must be returned in their original packaging and packaging. Any incomplete, damaged, damaged product and/or the packaging is deteriorated will not be taken back, exchanged or refunded.
The deadline is deemed to have been met if you return the product before the expiry of the fourteen-day period.
You will have to bear the direct costs of returning the product with the same type of shipment as that which you received.
You are only liable for any diminished value of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product.
9- LEGAL GUARANTEES
The Products are subject to the legal conditions of the following guarantees:
Article L 211-4 of the Consumer Code: "The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging"
Article L 211-5 of the Consumer Code: “To comply with the contract, the goods must:
1- correspond to the description given by the Seller and possess the qualities that the latter presented to the buyer;
2- present the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
3- Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted."
Article L 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code: “The Seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, if he had known of them.”
Article 1648 al.1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
These guarantees are made free of charge for the Customer. The return postage costs will be borne by the SELLER.
10- COMPLAINTS
Complaints must be sent to the SELLER by email using the CONTACT form available on the site, or by mail to the address Mr Offry Yann 38 rue des Coquelicots 80230 Saint Valery sur Somme, by telephone at +33 (0)7 81 47 58 17. Complaints made by telephone must also be confirmed by email or letter in the event of return of the Product.
All complaints will be processed within a maximum of 3 working days.
11- LIABILITY – NOTICE
The SELLER undertakes to describe the products sold on the Website as accurately as possible.
The SELLER shall not be liable in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
The BUYER undertakes to comply with the notice attached to the product.
The SELLER shall not be liable for any inconvenience or damage inherent in the use of the Internet, in particular a service outage, external intrusion, the presence of computer viruses or other involuntary problems.
12 - RETENTION OF TITLE
The products are sold subject to retention of title: the SELLER retains ownership of the products until payment of the full price in principal, interest, costs and accessories.
The custody of the products is transferred to the BUYER upon delivery of the products.
In the event of total or partial non-payment of the price on the due date for whatever reason, by express agreement, the SELLER has the right, without prior notice, to physically repossess the products at the expense, risk and peril of the BUYER. Payment is made upon actual receipt of the price.
13 - INTELLECTUAL PROPERTY
All elements of the website, whether visual or audio, are protected by copyright. Similarly, the brands, logos, designs and models appearing on the Website are the exclusive property of the SELLER, Mr Offry Yann. Their disclosure may not under any circumstances be interpreted as granting a license or right to use any of the said brands and distinctive elements protected by copyright.
They may therefore not be used under penalty of counterfeiting. Thus, none of the documents from the website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without the prior authorization of the SELLER.
However, it is possible to download a copy of the documents onto a computer for the BUYER's personal use and solely for non-commercial purposes, provided that the BUYER does not modify the information contained and that he keeps intact all copyrights and other proprietary notices. Any modification of these documents or their use for any other purpose constitutes an infringement of the SELLER's intellectual property rights.
14 - PERSONAL INFORMATION
Placing an order with the SELLER implies the transmission by the BUYER of personal data essential to the processing of the request.
In accordance with the Data Protection Act, the BUYER has the right to access, rectify and delete his/her personal data upon written request by email or post. The information collected is reserved for the operation of the site and is strictly confidential. The file has been declared, in accordance with the requirements of the "Data Protection" Act No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6, 2004 (No. 1706686V0).
The SELLER strives to ensure the integrity and confidentiality of the data entered and transmitted by the BUYER. However, it cannot exclude technical failures, manipulation or loss of data.
15 - UNAVAILABILITY OF THE SITE
The SELLER is not able to guarantee the constant availability of the site.
16 - APPLICABLE LAW AND JURISDICTION
The General Conditions are subject to French law. In the event of a dispute, the BUYER will first contact the SELLER to find an amicable solution. Failing this, the competent Courts are the French Courts. The BUYER is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code. art. L 534-7) or with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The Website complies with French law, and under no circumstances does the SELLER give any guarantee of compliance with local legislation that would be applicable to the BUYER, since he accesses the Website from other countries.
17 – PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received, prior to placing his order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information and details referred to in Articles L 111-1 to L 111-7 of the Consumer Code, and in particular:
- the essential characteristics of the product, taking into account the communication medium used and the Product concerned;
- the price of the Products and transport costs;
- the period within which the SELLER undertakes to deliver the product;
- information relating to the identity of the SELLER, his postal, telephone and electronic contact details and his activities;
- information relating to legal and contractual guarantees and their terms of implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal, the costs of returning the products.