GENERAL CONDITIONS OF SALE (CGV) FOR ORIGINAL PRINTS OF PHOTOGRAPHIC ART
PREAMBLE / PRESENTATION OF THE GENERAL CONDITIONS OF SALE:
These General Conditions of Sale (GTC) define the contractual relationship 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 intended for a consumer who has full legal capacity.
GCS AND CONDITIONS OF THE PURCHASER:
These T&Cs are the only ones applicable. They prevail over all other general and specific 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 GCS 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 GCS also apply to unauthorized use of the 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 present 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 rates 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 proper execution of the order may possibly be incurred by DFSLM. In this case, it is taken into account when drawing up the estimate, and 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 metropolitan 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 and sums are not the responsibility of www.desfenetressurlemonde.com. They are the responsibility of the customer and are entirely his 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 precise details: Name, address, postal code, city, e-mail and telephone number, (if the customer is acting on behalf of a company or 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 e-mail. This confirmation indicates in particular the references and the prices as well as any useful information relating to the order. It is advisable to store or print a copy of this email until receipt of the order. The information communicated by the buyer, when taking the order, is binding on the latter.
ARCHIVING - PROOF:
The data recorded by www.desfenetressurlemonde.com constitutes 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. The computerized registers of DFSLM will be considered by the parties as proof of communications, orders, payments and transactions between the parties. The customer has a right of communication to these documents for orders of an amount greater than or equal to 120 €.
No art prints are available from stock; all orders are print-on-demand.
COMPLETION TIME :
In general, the production of the art print begins within 3 to 5 days of sending the order confirmation email.
Deliveries are made to the address that the buyer indicated when ordering. The order is sent directly from the premises of our partner printer. The risks are borne by the purchaser from the moment the products have left the premises.
SHIPPING COST :
For metropolitan France, the amounts of the 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 according to destination and shipping method, are charged. Any return of order due to an erroneous indication of his address by the customer when ordering, is the responsibility of the customer.
DELIVERY DELAY :
According to the order confirmation email. The shipment or the provision of the order is generally made 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 non-compliance with this deadline, and as such cannot satisfy any claim for compensation, of any nature whatsoever, following a delay in delivery due to a failure of the carrier.
DELIVERY OF THE PACKAGE:
Delivery is made during business hours to the delivery address that the customer has indicated on the order form.
RECEIPT OF ORDER :
Upon receipt of the order, all packages must be opened in the presence of the delivery person to check the condition of the items and thus avoid any future disputes: the customer must ensure that there are no anomalies (damaged package, broken item or damaged, product missing from the delivery note, etc.). If the deliverer refuses to stay for the opening of the parcel, the parcel must be refused. It is up to the customer, if only the package has been damaged and if he decides to accept the article which 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 reservations”, dated and accompanied by his signature, on the carrier’s delivery slip. No subsequent claim will be admissible if the delivery note is signed without reservation.
In case of deterioration of the work, please refuse the goods upon delivery. The customer must, in addition to the “handwritten reservations”, ask the carrier to return the parcel to its sender, accompanied by a “spoliation report” 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 note within three working days, via the contact form or by email. Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest (art L 133.3 of the Commercial Code).
CONSEQUENCES OF NON-COMPLIANCE WITH THE ACCEPTANCE PROCEDURES:
If the reception procedures are not respected, the customer cannot benefit from any reimbursement or re-sending.
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 refund, without having to justify reasons, nor to pay a penalty. This right for the customer is exercised with 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 following 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 packaging or incomplete are not 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 be compliant and accepted by the customer.
In case of return without possibility of new delivery, or in case of possible abandonment of purchase according to the conditions of these GCS, the refund is made within 30 days after receipt of the package accompanied by a postal letter in which the customer undertakes on its honor to destroy all copies of the images or texts in its possession.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products or services, in particular due to incompatibility of equipment or other, cannot give rise to any compensation, reimbursement or questioning of liability, except in the case of a hidden defect. proven, of non-compliance, or of defect.
With regard to products or services purchased in the context of a professional activity, the seller cannot be held liable for any consequential damages, operating loss, loss of profit or costs, which may arise from 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 shipment to a country other than France, DFSLM can never be held liable for the non-compliance of the product with foreign legislation. In fact, it is the customer's responsibility to find out 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 colours, brightness or contrasts may be observed depending on the screen used to view the images (unsuitable screen, incorrect screen device colorimetric 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 art prints, the appearance and colors of the image may change or deteriorate over time. These unavoidable damages do not constitute a hidden defect or a manufacturing defect.
LIMITATIONS ON OWNING A PRINT:
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 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 that it is stored in good conditions and must not destroy it under any circumstances. In the event of destruction, whether of its own making or accidental, the holder of the work undertakes to notify DFSLM as soon as possible.
Several environmental factors can affect the preservation of photographic art prints: light, temperature, humidity, air pollution, and handling. Therefore Photographic Art Prints should not be subjected to excessive direct light, to abnormally high or low temperatures or to large variations in temperature, or to abnormal humidity or strong variations in the rate. moisture, they must not be subjected to vapours, 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 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 holder of the work undertakes to allow its possible reproduction by photography or any non-destructive means, and this within a reasonable period which may not exceed three months. The costs generated by such an operation, including transport or other, 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 contribution to the costs. Attention: from the moment the seals or holograms are stuck on the print, it can no longer be taken back 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 for the maintenance of 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 (computing and freedoms), the customer can access this information, ask for their modification or their rectification or demand to no longer appear in the database of www. desfenetresssurlemonde.com. The customer can exercise these rights on simple request by e-mail.
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