GENERAL CONDITIONS OF SALE (GTC) FOR ORIGINAL PHOTOGRAPHIC ART PRINTS
PREAMBLE / PRESENTATION OF THE GENERAL CONDITIONS OF SALE:
These General Conditions of Sale (GTC) define the contractual relations between, on the one hand, any customer of the site www.desfenetressurlemonde.com, whether an individual or a professional, hereinafter referred to as "the customer" or " the buyer ”and, on the other hand, Joana B. & Eric B., who edit the site www.desfenetressurlemonde.com, hereinafter also referred to as“ DFSLM ”or“ www.desfenetressurlemonde.com ”. These T & Cs apply to sales of original photographic art prints.
These T & Cs are presented in French, and are addressed to a consumer who has full legal capacity.
TERMS AND CONDITIONS OF THE PURCHASER:
These T & Cs are the only ones applicable. They prevail over all other general and special conditions not expressly approved by DFSLM, and in particular replace those of the buyer.
MODIFICATION OF THE GTC:
DFSLM reserves the right to modify these T & Cs at any time without notice. The applicable GTC are those in force on the date of the order by the buyer.
ACCEPTANCE OF THE GTC:
The fact of placing an order automatically implies acceptance by the customer of these GTCS and waiver by him of his own general and specific contractual conditions. The customer declares to adhere to these GTC, after having read them, without restrictions or reservations and this from his order.
GTCS AND UNAUTHORIZED USES:
These T & Cs also apply to the unauthorized use of photos or texts appearing on the site www.desfenetressurlemonde.com, regardless of how the user obtained the photo or text. As well as the sale of other products, such as stickers, calendars and any other products on the site.
PRICE OF WORKS AND VAT:
The prices indicated on www.desfenetressurlemonde.com are net (VAT not applicable, article 293B of the CGI), in Euros, and include packaging costs.
DFSLM reserves the right to modify its prices at any time. Prints are invoiced on the basis of the prices in effect at the time of order entry, subject to availability.
www.desfenetressurlemonde.com requests payment of the total amount of the basket when ordering.
ADDITIONAL COSTS :
Additional costs necessary for the successful completion of the order may possibly be incurred by DFSLM. In this case, it is taken into account when establishing the estimate, and the reimbursement of the amount including tax of these costs is invoiced to the customer.
CUSTOMS AND EXTRACOMMUNITY TAXES:
In the event of an order to a country other than mainland France, the customer is the importer of the works concerned. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or State taxes may be payable. These rights are not the responsibility of www.desfenetressurlemonde.com. They are the responsibility of the customer and are his sole responsibility both in terms of declarations and payments to the competent authorities and bodies of the importing country. The customer must inquire about these aspects with the local authorities before placing any order.
The customer, after having consulted the prices and having read the GTC on the site www.desfenetressurlemonde.com, can place his order directly via the shop of the site. He then selects:
- the references of the photographs he wishes to acquire,
- and for each image the format / presentation.
They will then be asked:
- his contact details in a precise manner: Name, address, postal code, city, e-mail and telephone number, (if the customer is acting on behalf of a company or a business, he also indicates the SIRET numbers and VAT)
COMMITMENT AFTER ORDER:
Orders placed bind the buyer irrevocably and are confirmed to him as soon as possible by email. This confirmation indicates in particular the references and prices as well as any useful information relating to the order. You are advised to store or print a copy of this e-mail until receipt of the order. The information communicated by the buyer when the order is taken is binding on the latter.
ARCHIVING - PROOF:
The data recorded by www.desfenetressurlemonde.com constitute proof of all transactions between www.desfenetressurlemonde.com and the customer. DFSLM archives purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. DFSLM's computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties. The customer has the right to communicate these documents for orders of an amount greater than or equal to € 120.
No fine art prints are available from stock; all orders are printed on demand.
COMPLETION TIME :
In general, the realization of the art print begins within 3 to 5 days of the sending of the order confirmation email.
Deliveries are made to the address that the buyer has indicated when ordering. The order is sent directly from the premises of our partner printer. The risks are the responsibility of the purchaser from the moment the products have left the premises.
SHIPPING COST :
For metropolitan France, the amounts of shipping and delivery costs are when placing the order on the site www.desfenetressurlemonde.com. For shipping and delivery outside mainland France, additional costs, which vary depending on the destination and the shipping method, are charged. Any return of order due to an incorrect indication of his address by the customer when ordering, is the responsibility of the customer.
DELIVERY DELAY :
According to the order confirmation email. The order is generally shipped or made available within 10 to 15 working days from the date of the order. The actual delivery time depends on the carrier. Consequently, DFSLM cannot be held responsible for failure to comply with this deadline, and as such cannot satisfy any claim for compensation of any kind whatsoever resulting from a delay in delivery due to a failure of the carrier.
DELIVERY OF THE PACKAGE:
Delivery is made, during working hours, to the delivery address that the customer will have indicated on the order form.
RECEIPT OF ORDER :
Upon receipt of the order, any package must be opened in the presence of the delivery person to check the condition of the items and thus avoid any future dispute: the customer must ensure that there is no anomaly (damaged package, broken item or damaged, product missing from the delivery note, etc.). If the delivery person refuses to stay for the opening of the package, the package must be refused. It is up to the customer, if the package alone has been damaged and if he decides to accept the item that he has deemed to be in good condition, to indicate the anomalies observed, from the moment of delivery, in the form of Detailed and explicit "handwritten reserves", dated and accompanied by his signature, on the carrier's delivery slip. No subsequent complaint will be admissible if the delivery slip is signed without reservation.
In case of damage to the work, please refuse the goods upon delivery. The customer must, in addition to the "handwritten reservations", ask the carrier to return the package to its sender, accompanied by a "report of theft" and remain in possession of a copy of this form. Please also inform us of these facts by mentioning the references of the order and the delivery slip within three working days, via the contact form or by email. The reception of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this reception, the recipient has not notified the carrier, by extrajudicial act or by registered letter, its reasoned protest (art L 133.3 of the Commercial Code).
CONSEQUENCES OF NON-COMPLIANCE WITH THE ACCEPTANCE PROCEDURES:
If the reception procedures are not followed, the customer cannot benefit from any refund or resend.
PAYMENT METHOD :
Payment is made only in euros, directly on the online store by Credit Card or Paypal.
Payment is made in cash. The works remain the property of DFSLM, until full payment of the price indicated.
RIGHT TO RETRACT :
In accordance with Article L121-20 of the Consumer Code, the customer has a right of withdrawal for a period of seven working days, from receipt of the order, to return the product to the seller for exchange or reimbursement, without having to justify reasons, nor to pay a penalty. This right for the customer is exercised to the exclusion of orders specially made for him (Article L121-20-2 of the Consumer Code), or in general all art prints; however, depending on the case, an arrangement may be sought. With the exception of return costs, which in this case remain the responsibility of the customer, DFSLM will reimburse all sums paid, at the latest within 30 days of the withdrawal.
The customer of the www.desfenetressurlemonde.com site benefits from the legal guarantee as provided for by articles L 211-1 to L 211-14 of the Consumer Code. In the event that the items received are damaged or do not comply with the order (format error, support, etc.), the customer has a right of return for a period of seven working days, from the receipt of the command. In this case, the damaged or non-compliant item is exchanged and the costs of return and re-dispatch are borne by www.desfenetressurlemonde.com; where applicable, DFSLM however has the right to reimburse the customer and not to provide new orders if there are presumptions that the delivery conditions do not present sufficient guarantees. Damage caused by normal wear and tear, as a result of negligence, or by failure to comply with the important recommendations mentioned in these GTC, are not covered by the legal guarantee.
Items returned without their original or incomplete packaging will not be taken back. In addition to their original packaging, returned items must be placed inside a new packaging offering good guarantees of content protection. In the absence of a complaint made within the aforementioned time and forms, the delivered products will be deemed to comply and accepted by the customer.
In the event of a return without the possibility of a new delivery, or in the event of possible abandonment of purchase under the conditions of these T & Cs, the refund is made within 30 days after receipt of the package accompanied by a postal letter in which the customer undertakes on honor to destroy all copies of images or texts in its possession.
The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial inability to use the products or services, in particular due to incompatibility of the equipment or other, can not give rise to any compensation, reimbursement or questioning of responsibility, except in the case of a hidden defect. proven, nonconformity, or defect.
With regard to products or services purchased in the course of a professional activity, the seller cannot be held responsible for any indirect damage, operating loss, loss of profit or costs, which may arise as a result of the use of these products or services.
COMPLIANCE OF THE WORKS WITH THE LAW:
The works presented on the site www.desfenetressurlemonde.com comply with French law. In the case of a shipment to a country other than France, DFSLM can never be held responsible for the non-compliance of the product with foreign legislation. In fact, it is the customer's responsibility to inquire about the law in force in the country of delivery.
The photographic art prints that the customer receives are comparable to the images presented on the site www.desfenetressurlemonde.com. However, differences in colors, brightness or contrasts may be observed depending on the screen used to view the images (unsuitable screen, incorrect screen device color profile, etc.): consequently, the images representing the original photographs appearing on the site are not contractual. On the other hand, despite all the care taken by DFSLM in the production of fine art prints, the appearance and colors of the image may change or deteriorate over time. This inevitable damage does not constitute a hidden defect or a manufacturing defect.
LIMITATIONS ON POSSESSION OF A DRAW:
The purchase of a photograph in the form of a print or reproduction does not imply transfer of the right of representation and reproduction. Only private use is possible, in accordance with article L. 111-3 of the CPI: “[…] The purchaser of this object is not invested, because of this acquisition of any of the rights provided for by this code […] ”.
OBLIGATION TO RETAIN PRINTS:
In accordance with the law (article L121-1 of the Intellectual Property Code), the holder of a signed work of art is required to ensure good storage conditions and must in no case destroy it. In the event of destruction, whether of his own making or accidental, the owner of the work undertakes to notify DFSLM as soon as possible.
Several environmental factors can affect the preservation of photographic fine art prints: light, temperature, humidity, air pollution, and handling. Therefore, photographic fine art prints should not be subjected to excessive direct light, abnormally high or low temperatures or large variations in temperature, or abnormal humidity or large variations in rate. humidity, they must not be subjected to vapors, gases or particles suspended in the air or to fumes likely to be harmful, they must only be handled (with protective gloves) in the event of necessary, taking care to avoid any rough or inappropriate handling.
Photographic fine art prints should not be displayed outdoors.
PROVISION OF THE DRAW:
In the event that the original file in the possession of DFSLM is destroyed, the owner of the work undertakes to allow its possible reproduction by photography or any non-destructive means, and this within a reasonable period of time which cannot exceed three months. The costs generated by such an operation, including transport or others, are the responsibility of the applicant.
CERTIFICATES OF AUTHENTICITY:
They are supplied on request and can be of two types:
- Certificate issued by DFSLM, with references and detailed descriptions of the work, certificate number and signature of DFSLM: no supplement.
- Certificate with seals or holograms to stick on the proof and on the certificate: with participation in the costs. Please note: as soon as the seals or holograms are stuck on the print, it can no longer be returned or exchanged.
DFSLM guarantees that all the photographs offered for sale on www.desfenetressurlemonde.com are its property, and that it has any necessary authorizations concerning the shooting and distribution on www.desfenetressurlemonde.com.
INTELLECTUAL PROPERTY :
All images and texts presented on the site www.desfenetressurlemonde.com are protected by French laws and by the Code of Intellectual Property (Law No. 92-597 of July 1, 1992).
PRICES WITHOUT SPECIAL AGREEMENT:
Any use that does not comply with the law, or any use without authorization of DFSLM's work in public distribution (commercial or not) constitutes an act of counterfeiting (art. L. 335-2 of the CPI) and any offender will be prosecuted.
Pursuant to article 1148 of the Civil Code, DFSLM cannot be held liable or considered to have committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure, in particular in the event of a strike. total or partial postal services, carriers, or by the loss of the package due to the carrier, or disasters caused by floods or fires, or traffic disorders.
INCAPACITY OF WORK :
In the event of incapacity for work, as a result of illness or accident, DFSLM reserves the right to terminate this contract, and / or to modify the delivery time without the customer being able to demand payment. indemnities. In this case, it is accepted that www.desfenetressurlemonde.com must warn its customer from the first working day of his incapacity.
DFSLM is committed to respecting your privacy. The information collected allows the processing and shipping of orders. This information may also be subject to computer processing intended to keep a customer file. The recipients of the data are: public bodies (Agessa, Tax Services). By confirming his order, the customer authorizes www.desfenetressurlemonde.com to distribute them under these conditions. In accordance with the law n ° 78-17 of January 6, 1978 modified in 2004 (data processing and freedoms), the customer can access this information, request its modification or rectification or demand to no longer appear in the database of www. desfenetressurlemonde.com. The customer can exercise these rights on request by email.
APPLICABLE LAW - LEGAL JURISDICTION IN CASE OF LITIGATION:
These GTC are subject to French law. In the event of a dispute on the merits or on the form, legal jurisdiction will be attributed to the French court closest to DFSLM's place of residence.
DATE OF UPDATE OF THESE GENERAL CONDITIONS OF SALE:
November 15, 2020