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Important!! This text was translated automatically from French language and may contain translation errors. Contact us if you have any doubt.
General Conditions of Sale (CGV)
PRODUCTS means: all the products that the service provider can sell on its site.
These general conditions of sale are applicable to all services and PRODUCTS sold by Paul Jover Photographe. They are applicable in their entirety for any contract concluded between Paul Jover Photographe and its customers in France or abroad, whatever the place of execution and / or delivery.
No derogation from these general conditions of sale may be accepted without prior notice from Paul Jover Photographe.
2 - Price
The prices are those indicated on the site at the time of connection and the applicable prices are those indicated on the site on the date of the confirmation of the order.
The prices are mentioned all taxes included (TTC) in €.
Paul Jover Photographe reserves the right to update its prices without notice.
3 - Means of payment
Payment is made online using a secure payment system. The colphotos.com site does not collect your banking data.
You can pay by: Bank card, Paypal, iDeal and Sofort
4 - Delivery costs and delivery times.
The delivery costs are indicated on the site when confirming the order. These are rates inclusive of all taxes (TTC) and are the responsibility of the customer.
Some countries are not served by our delivery providers.
You can have the PRODUCTS ordered on the site delivered to the address or email of your choice, indicated when ordering.
PRODUCTS are dispatched within 10 working days. The delivery time by post is subject to the processing of this service by the postal services.
6 - Right and withdrawal periods
The development of photographs can be analyzed as a supply of goods made according to consumer specifications. Cannot be redirected, in accordance with the terms of article L. 121-20-2, 3 of the Consumer Code. Any right of withdrawal is therefore excluded.
7 - Product return costs and reimbursement periods
In case of non-conforming delivery or defect, you must immediately inform it in writing by attaching a photo explicitly showing the problem, as well as your name, order number, reason for dissatisfaction and email. Otherwise, you will be deemed to have accepted the photographs as they are, and any contractual liability of the photographer will be excluded.
Due to the exclusion of the right of withdrawal: the conforming order will be re-dispatched in the event of a defect. (No refund possible)
PRODUCTS must be returned within 14 days of receiving them. After this deadline, no request will be admissible.
Return costs are the responsibility of the consumer.
8 - Legal guarantee of conformity
Article L211-4 of the Consumer Code imposes obligations on the seller: that of delivering a good conforming to the contract and of responding to any lack of conformity existing during the delivery of the good. This article of law thus imposes a guarantee of conformity on the seller.
The conformity guarantee is free. It is a legal and non-contractual obligation. It is provided for in articles L. 211-1 to L. 212-1 of the Consumer Code.
9 - Intellectual property
The photographs taken are and remain the intellectual property of the photographer according to the rules of articles L 121-1 and following the Code of Intellectual Property. The rights to the photographs transmitted on a material or computer medium are strictly limited to private use.
Any use of photographs beyond this use and without its written authorization constitutes counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, under this article, of penalties up to 3 years imprisonment and € 300,000 fine.
10 - Applicable law and disputes
These T & Cs are subject to French law.
Any dispute between the parties relating to its interpretation and / or execution will be subject, failing an amicable resolution and unless otherwise provided by law, to the exclusive jurisdiction of the Commercial Court closest to the city of residence of the photographer or to the jurisdiction competent in the event of specific jurisdiction, notwithstanding the plurality of defendants, summary proceedings or warranty calls.
Terms and conditions
For the purposes of these general conditions of sale, the following definitions apply:
Address: 4 Au Vertbois 33 580 Le Puy
SIRET: 789 608 643 00019
Product: photo prints, digital files, videos.
Order: order of Products placed by the customer to the seller from his site.
These general conditions of sale are applicable to all orders for products sold by the seller on its website. The general conditions of sale can be viewed on the site and accepted by the customer before placing any order.
They are applicable in their entirety for any order placed on the site of the seller and its customers in France or abroad, regardless of the place of performance and / or delivery.
The seller and the customer agree that these general conditions of sale exclusively govern their relationship.
The customer has the possibility of placing his order online by means of the form which appears there.
For the order to be validated, the customer must accept, by clicking where indicated, these general conditions of sale. He must also choose the address and delivery method, and finally validate the payment method.
Any order on the site implies payment obligation and implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, notably default of payment, wrong address or other problem on the customer's account, the seller reserves the right to block the customer's order until the problem is resolved.
In case of unavailability of the ordered product, the customer will be informed by email. The cancellation of the order of this product and its possible refund will then be made.
For any question relating to the follow-up of an order, the customer must contact via email.
4. Product information
The products governed by these general conditions of sale are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's responsibility could not be engaged.
The photographs of the products are not contractual.
The seller reserves the right to revise his prices at any time but agrees to apply the current prices indicated at the time of the order, subject to availability on this date.
Prices are in euros. The prices take into account the VAT applicable on the day of the order.
Payment of the full price must be made when ordering. At no time, the sums paid can be considered as a deposit or deposits.
7- Payment methods
Payment is made online using a secure payment system. The seller does not collect your bank data and has chosen notoriously recognized banking establishments ensuring a sufficient level of security. You can pay by credit card, paypal, iDeal and Sofort.
The seller reserves the right to suspend any order management and any delivery in the event of refusal to authorize payment by bank card from officially accredited bodies or in the event of non-payment. The seller notably reserves the right to refuse to make a delivery or to honor an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is being administered .
8- Availability of products - reimbursement
Shipping times run from the date of registration of the order indicated on the order confirmation email.
In the event of non-compliance with contractual deadlines, the buyer may terminate the contract, by registered letter with acknowledgment of receipt. In this case, the seller is required to reimburse the customer for all the sums paid no later than fourteen (14) days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice to request either a refund of the amounts paid, or the exchange of the product.
9 - Delivery terms
Delivery is only made after confirmation of payment.
The products are delivered to the address indicated by the buyer when ordering. The customer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the customer's expense.
If the customer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the customer must then check the condition of the items in the presence of the delivery person. If they have been damaged, the client must imperatively refuse the package and make written, precise and detailed reservations on the delivery slip.
This verification is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery slip.
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 item (s) and transmit a copy of this letter by fax, email or single letter to the seller.
The seller agrees to deliver you high quality, conforming photos to your order (quantity, type of development, format).
Electronic delivery of digital files is not protected or encrypted. The customer acknowledges being fully informed and expressly agrees to download the images under his sole responsibility.
The customer must make any complaint to the seller of non-conformity or defect of the products in kind or in quality.
11- Product warranty
In accordance with the provisions of the legal guarantees of conformity (articles L211-4 and following of the consumer code) and hidden defects (articles 1641 and following of the civil code) specified in Annex 1, non-conforming or defective products will be refunded or exchanged.
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
12- Right of withdrawal - exception - procedures for exercising the right of withdrawal
In accordance with the provisions of the Consumer Code, and subject to the exceptions provided below, to exercise the right of withdrawal, the customer can address the seller by email. The customer has another fourteen (14) days to return to return any item that does not suit him and request the exchange or refund without penalty, except for return costs which remain the responsibility of the customer . In the case of an exchange, the reshipment will be at the customer's expense. Digital products are not exchangeable or refundable.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
The seller must reimburse the customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days following the date on which he is informed of the consumer's decision to withdraw. . The seller may however postpone the reimbursement until recovery of the goods or until the customer has provided proof of the shipment of the products, the date chosen being that of the first of these facts.
It is specified that the right of withdrawal is excluded in accordance with article L 121-21-8 of the consumer code:
- for services which started before the end of the withdrawal period, provided that the seller has previously received the express request from the customer on paper or durable medium;
- for the development of photographs or the production of films which can be analyzed as supplies of goods produced according to the consumer's specifications or clearly personalized.
- for the supply of audio or video recording or computer software when they have been unsealed by the consumer after delivery.
13- Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence and their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly considered as force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals: the hedging of means of transport or supplies, earthquakes, fires, storms, floods, lightning , the stopping of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
14- Intellectual property
The photographs taken by the photographer and which are sold on his website are and remain the intellectual property of the photographer according to the rules of articles L 121-1 and following the Code of Intellectual Property. The rights to the photographs transmitted on a material or computer medium are strictly limited to private use.
Any use of the photographs taken by the seller beyond this use and without his written authorization constitutes counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, under this article, penalties which may go up to 3 years imprisonment and € 300,000 fine.
15-. Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general conditions of sale can not be interpreted for the future as a waiver of the 'obligation in question.
17- Applicable law and disputes
These T & Cs are subject to French law.
Any dispute between the parties relating to its interpretation and / or execution will be submitted, in the absence of an amicable resolution, the client may initiate proceedings before the court of his choice.
18- Deletion of images from the site
The person photographed can retract and request the deletion of the images or they appear at any time. She must contact the seller in writing, specifying the references of the images.
Annex 1 :
LEGAL GUARANTEE OF CONFORMITY:
Article L211-4 Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 Consumer Code
To comply with the contract, the product must:
1. Be suitable for the use normally expected of a similar good and, where applicable:
• correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling
2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
GUARANTEE OF HIDDEN DEFECTS
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes that use, that the buyer has not acquired it, or has not would have given a lesser price, if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2: withdrawal form:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of :
Paul Jover Photographer
Address 4 Au Vertbois 33580 Le Puy
I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of the consumer (s) (only if this form is notified on paper):