ARTICLE 1. SCOPE OF APPLICATION
The general terms and conditions of sale detailed below (hereinafter referred to as the "General Terms and Conditions") govern the contractual relations between any user of the photo.paris website (hereinafter referred to as a "User" or "You") and the commercial brand PARIS EST UNE PHOTO belonging to the company SASU LA PHOTO DE PARIS with capital of 3,000 EUROS, whose head office is located at 55, Passage Jouffroy 75009 Paris FRANCE and registered in the Paris trade and companies register under number 818 911 174 (hereinafter referred to as "PARIS EST UNE PHOTO").
These general terms and conditions of sale are the only ones applicable and replace all other conditions, unless prior, express and written exemption. PARIS EST UNE PHOTO may occasionally be required to modify certain provisions of its general terms and conditions, so it is necessary that these be reread before each visit to the photo.paris site (hereinafter referred to as the Site ). These modifications are enforceable from the time they are posted online (the date of posting appearing at the end of these conditions) and cannot apply to contracts concluded previously. Each purchase on the Site is governed by the general conditions applicable on the date of the order. By validating your order, you accept without reservation the General Conditions after having read them. By accessing the Site, you agree to comply with these conditions.
It is specified that these conditions govern the sales of photographs and frames of PARIS EST UNE PHOTO on the Site. These conditions apply, to the exclusion of all other conditions, in particular those in force for sales in the PARIS EST UNE PHOTO Gallery located at 55 Passage Jouffroy 75009 Paris FRANCE (hereinafter referred to as the Galerie ) or in stores distributing PARIS IS A PHOTO photographs.
ARTICLE 2. USE OF THE SITE
To use the Site, You must be at least 18 years old, legally capable of entering into a contract and use this Site in accordance with these General Conditions. You guarantee the truthfulness and accuracy of the information provided by yourself on this Site.
PARIS EST UNE PHOTO reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The Site is available in French and English. The language of the Site depends on the language of Your internet browser. If the language of Your internet browser is not one of the two languages above, the language of the Site will be English. You can change the language choice on the home page of the Site.
1) Essential characteristics of the products
The products sold on the Site are limited series numbered art photographs, old photos and frames. The photographs are offered in one or more formats and media, according to the agreements made between the photographer or his representatives and PARIS EST UNE PHOTO. The photographs are accompanied by a biography of the artist.
Prices are inclusive of all taxes, excluding shipping costs. Only payments in euros are accepted.
In the event of delivery to a country other than metropolitan France, you are the importer of the work(s) 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 duties and sums are not the responsibility of PARIS EST UNE PHOTO. They will be your responsibility and are your sole responsibility both in terms of declarations and payments to the competent authorities and organizations in your country. We advise you to inquire about these aspects with your local authorities.
PARIS EST UNE PHOTO reserves the right to modify its prices at any time. The works will be invoiced on the basis of the rates in effect at the time of order registration, subject to availability. The works remain the property of PARIS EST UNE PHOTO until full payment of the indicated price.
2) Place an order
To place an order, you must at least go through the following steps:
• Consultation of the file presenting a photograph. On this screen you can choose the format and the support among those proposed for this photograph. The stock status is indicated (in stock / out of stock). You must click on "Add to cart" to add this item to your cart.
• “Basket” screen: you have the option to delete an item or modify the quantities ordered.
• Screens for filling in your contact details
• Delivery method selection screen. On this screen, a link is provided to modify the items in your order.
• Summary screen and payment choices. This screen allows you to choose your payment method and check the different elements making up your order (items, quantity, delivery method, total price). You must ensure that all these elements comply with your request. Using the links on this screen, you have the possibility to modify your order.
• You must then accept these general terms and conditions of sale and use of the Site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled "general terms and conditions of sale". Their acceptance is done by checking the box affixed to the link to these conditions. The general terms and conditions of sale and use of the Site must be accepted with each order.
• You pay for your order using the type of bank card of your choice
• The contract is concluded upon confirmation of payment by the bank.
• The Site will send you a confirmation of your order by email within a few minutes.
3) Payment methods
Several payment methods are available to you to pay for your order on the site: Carte Bleue, virtual Carte Bleue, Visa, Mastercard.
4) Payment security
For credit card payments, the transaction is carried out by STRIPE.
The User's banking data is encrypted (SSL technology). It does not circulate in clear text on the Internet and cannot be intercepted.
Your banking details (card number, expiration date, etc.) are not communicated to PARIS EST UNE PHOTO.
5) Proof
The data recorded by the Site constitutes proof of all transactions between the Site and its customers.
The data recorded by the STRIPE payment system constitutes proof of financial transactions.
6) Delivery
Order processing
Orders placed before midnight (Paris time, GMT+1h), from Sunday to Monday, excluding public holidays, are shipped within three days (for products marked "in stock"). All ordered works are sent in a single order.
Works marked “sold-out” or “exhausted” can no longer be ordered.
Delivery address
PARIS EST UNE PHOTO delivers to mainland France and more than 30 countries (Germany, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovakia, Slovenia, Sweden, United States, Canada, Japan, South Korea, Singapore, Mexico). Delivery to another country: after confirmation by PARIS EST UNE PHOTO within 24 hours of your order.
Delivery will be made to the delivery address that you validated at the time of ordering as the “delivery address”, this address may be different from the “billing address”.
Changing the delivery address after placing the order is often not possible for logistical reasons. However, you can contact us by email contact@photo.paris if you wish to change your delivery address, we will study the possibilities according to your order.
Delivery methods and deadlines
Possible delivery methods depend on the quantity, size of the item(s) ordered and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. PARIS EST UNE PHOTO reserves the right to choose the carrier.
The delivery date depends on the stock status, the order shipment date and the delivery time induced by the delivery method.
Delivery of “in stock” items will be made no later than three weeks following the order, except in cases of force majeure.
Compliance with delivery times depends on the carrier. Consequently, no claim for compensation of any nature whatsoever may be claimed by the customer.
Shipping costs
Shipping costs vary depending on the country and delivery method as well as the number and format of the works ordered. Details of shipping costs are available on the Colissimo website of La Poste, on the Chronopost website and on the UPS FRANCE website.
Receipt of delivery
When receiving your order, it is your responsibility to open the package to check the condition of the photographs or frames. If you do not personally receive the package, ask the person in charge of receiving the package to do this check.
In the event of a problem, please hand over your package to the delivery person (La Poste or private carrier) stating the problem encountered and contacting us by email contact@photo.paris the same day.
Do not sign the delivery note if the order arrived damaged. No claims will be accepted if the delivery note is signed.
In the case of delivery by private carrier, the carrier is not required to deliver inside your home and can hand over the package to you at the entrance of your building or house. We therefore advise you to arrange for assistance to carry the package into your home.
Receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, following receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest. (art L 133.3 of the Commercial Code).
7) Right of withdrawal
In accordance with article L121-20 of the Consumer Code, you have a right of withdrawal to return the product that does not suit you. This right does not apply to orders placed by companies.
For any order on the Site, you have 15 calendar days to notify us of your return request.
To do this, please contact us by email: contact@photo.paris and we will give you the return address and you will then have 10 days to return your order to us.
- If your order was delivered by post (Colissimo, Chronopost), you can return your order to us by post (return costs at your expense) or bring it to the gallery 55 Passage Jouffroy 75009 Paris FRANCE.
- If your order was delivered by a carrier, they will pick up your order. This service will be charged at the same price as the initial delivery costs.
- If you have chosen to collect your order from our Gallery, you can return it to the Gallery, send it back to us by post or by carrier, at your own expense.
No cash on delivery shipments will be accepted, whatever the reason.
Items returned without their original packaging or incomplete, damaged, damaged or soiled by the customer will not be accepted. Return costs are your responsibility.
PARIS EST UNE PHOTO will reimburse you for the price of the returned items as well as the initial shipping costs (return costs remain your responsibility) within 15 days of receipt by it, by crediting the bank account used for payment, according to the payment method used when ordering.
8) Right of return
In the event that the works received do not conform to the order, you have the right to return them. In this case, please contact us by email contact@photo.paris who will provide you with the address and return procedures.
PARIS EST UNE PHOTO will exchange the damaged item, subject to availability. If an item is no longer available, PARIS EST UNE PHOTO will offer you the option of choosing another item of an equivalent amount.
In the case of exercising the right of return and only in this case, the return and new shipping costs are the responsibility of PARIS EST UNE PHOTO.
9) Customer service and complaints
For any information or questions, you can contact our customer service by email (contact@photo.paris) or by telephone at +33 (0)1 56 92 04 47 (price of a local call from a landline in France).
We will be very happy to give you all the information you want about our works and your order.
ARTICLE 3. FORCE MAJEURE
In application of article 1148 of the Civil Code, PARIS EST UNE PHOTO cannot be held responsible 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.
ARTICLE 4. PROTECTION OF PERSONAL DATA
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us a letter to the following address:
PARIS IS A PHOTOGRAPH
55 PASSAGE JOUFFROY
75009 PARIS
France
You can also view or modify your personal data in your customer account on photo.paris.
ARTICLE 5. LIABILITY AND WARRANTIES
PARIS EST UNE PHOTO strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice. However, PARIS EST UNE PHOTO cannot guarantee the accuracy, precision or completeness of the information made available on this site.
Consequently, PARIS EST UNE PHOTO declines all responsibility for any interruption of the site, any occurrence of bugs, any inaccuracy or omission concerning information available on the site, any damage resulting from fraudulent intrusion by a third party having led to a modification of the information made available on the site.
This site may contain links to other sites. PARIS EST UNE PHOTO cannot be held responsible for problems accessing or the content of these sites.
PARIS EST UNE PHOTO will not be liable for any damages arising from the use or inability to use the Site.
PARIS EST UNE PHOTO will not be liable in any way for malfunctions attributable to software, whether or not it is incorporated into the Site or provided with it.
PARIS EST UNE PHOTO undertakes to respect all legal guarantees that You may be entitled to. The works presented on our site comply with the requirements of French law, we cannot be held responsible for the violation of the legislation specific to the country of delivery of the work. Consequently, we invite You to read the law in force in the country of delivery.
ARTICLE 6. INTELLECTUAL PROPERTY
1) Rights to the work
The artist, for having taken the initiative of his creation, remains the holder of the copyright on his creation, within the meaning of French law. The rights of representation and reproduction of the works present on the site photo.paris belong to their authors and to PARIS EST UNE PHOTO. Their joint authorization is necessary for any exploitation of these rights. Your rights on the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction.
2) Intellectual property rights
All elements present on the site and the site itself are protected by copyright, trademark law, design law and/or any other intellectual property right. By elements, we mean, but are not limited to: photographs, images, drawings, illustrations, texts, videos, logos, screen savers, wallpapers, brands, models, software, etc. These elements belong to PARIS EST UNE PHOTO or are used with the agreement of their owners.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of PARIS EST UNE PHOTO, except for the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an offense of copyright and/or design and/or trademark infringement, punishable by two years' imprisonment and a fine of €152,449.02.
ARTICLE 7. APPLICABLE LAW
These conditions are governed by French law. They are available in the language in which the Site is consulted, see art. II. In the event that a dispute arises from this contractual relationship, the User and PARIS EST UNE PHOTO undertake to seek an amicable solution before any legal action. In the event of a dispute, only the French courts will have jurisdiction.