This « General Terms and Conditions of Sale » page is an uncertified translation into English of the « CONDITIONS GÉNÉRALES DE VENTE » page, which is the only valid one in case of dispute.
For the purposes of these general terms and conditions of sale :
23, cours Pasteur, 33000 Bordeaux – France
Tel + 33 (0)6 70 79 57 36
Trade Register n° 326 701 448 RM33
Siret 326,701 448,000 77
Code APE 7420Z
Intra-Community VAT: FR 60 326701448
Product: all the products that the seller can sell on his site: photo prints, videos, books, agendas, calendars, posters…
Order: order of Products placed by the client with the seller from his site.
The present general conditions of sale are applicable to all orders for products sold by the seller on its site. The general conditions of sale are available for consultation on the site and accepted by the customer prior to placing any order.
They are applicable in their entirety for all orders placed on the site of the seller and its customers in France or abroad, regardless of the place of execution and/or delivery.
The seller and the customer agree that these general terms and conditions of sale exclusively govern their relationship.
The customer has the possibility to place his order online by means of the form on the website.
For the order to be validated, the customer must accept, by clicking on the indicated place, the present general terms of sale. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
Any order on the site implies payment obligation and acceptance of the prices and descriptions of the products available for sale.
In certain cases, in particular non-payment, incorrect 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 e-mail. 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 call :
to be filled in] [and complete, specifying the dates and times of operation] [to be filled in] [and complete, specifying the dates and times of operation].
3/ Product Information
The products governed by these general terms and conditions of sale are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
The seller reserves the right to revise its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability at that date.
Prices are indicated ex VAT, in euros. They do not take into account delivery charges, which are invoiced in addition and indicated before the validation of the order. The final prices take into account the VAT applicable on the day of the order.
The payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
5/ Means of payment
Payment is made online using a secure payment system. The seller does not collect your banking data and has chosen well-known banking institutions that ensure a sufficient level of security. You can pay by credit card.
The seller reserves the right to suspend all order management and delivery in the event of refusal to authorise payment by bank card by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
6/ Availability of products – reimbursement
Except in cases of force majeure or during periods of closure of the online shop, which will be clearly announced on the home page of the site, shipping times will be within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is fifteen (15) working days.
For international deliveries, the delivery time is twenty (20) working days.
In the event of failure to respect the contractual deadlines, the buyer may cancel the contract by registered letter with acknowledgement of receipt. In this case, the seller is obliged to reimburse the customer for the totality of the sums paid, at the latest, within twenty (20) working days.
In the event of failure to respect the contractual deadlines, the buyer may cancel the contract by registered letter with acknowledgement of receipt. In this case, the seller is obliged to reimburse the customer for all sums paid at the latest within fourteen (14) days following the date on which the contract was terminated.
In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the possibility to cancel the order. The customer will then have the choice to request either a refund of the sums paid or an exchange of the product.
7/ Terms of delivery
Delivery is only made after confirmation of payment by the seller’s bank.
No deliveries are made to campsites, hotels, post office boxes, etc.
The products are delivered to the address indicated by the buyer at the time of the order. The customer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.
If the customer is absent on the day of delivery, the delivery person will leave a notice in the letter box, which will allow the parcel to be collected at the place and during the time indicated.
If, at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the items in the presence of the deliveryman. If they have been damaged, the customer must imperatively refuse the package and express written, precise and detailed reservations on the delivery slip.
This check is considered to have been carried out as soon as the customer, or a person authorised by him, has signed the delivery note.
The customer must then confirm these reservations to the carrier by registered mail within three (3) working days following receipt of the item(s) at the latest and send a copy of this letter by fax, email or ordinary mail to the seller.
The seller undertakes to deliver photographs that comply with your order (quantity, type of development, format) and of high quality.
The customer must make any claim to the seller for non-conformity or defect of the products in kind or in quality.
The claim can be made by the buyer by e-mail to: firstname.lastname@example.org.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered mail, to the following address:
For the attention of : Nicolas Claris – 23, cours Pasteur – 33000 Bordeaux – France
The return costs are the responsibility of the seller.
2/ 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 Appendix 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 19 May 1998 on liability for defective products.
Right of retraction – exception – modalities of exercising the right of retraction
In accordance with the provisions of the French Consumer Code, and subject to the exceptions provided for below, to exercise the right of withdrawal, the customer may send the seller the standard withdrawal form found in Appendix 2 of these general terms and conditions of sale at the address indicated in Appendix 2. The customer may also exercise his right of retraction by any other declaration to the seller and in particular by postal mail or email expressing his wish to retract without any ambiguity and specifying the order number.
As from the communication of his decision to withdraw by sending the standard form or the declaration of withdrawal, the customer has another fourteen (14) days to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the customer. In the case of an exchange, the return will be at the customer’s expense.
Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale, will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
The seller shall 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 the seller is informed of the consumer’s decision to withdraw. The seller may, however, defer reimbursement until the goods have been recovered or until the customer has provided proof that the products have been dispatched, whichever comes first.
It is specified that the right of withdrawal is excluded in accordance with Article L 121-21-8 of the Consumer Code:
for services that have begun before the end of the withdrawal period, provided that the seller has previously collected the express request of the customer on paper or durable support;
for the development of photographs or the making of films which can be analysed as supplies of goods made according to the specifications of the consumer or clearly personalised.
for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
10/ Force majeure
Any circumstances beyond the control of the Parties which prevent the performance under normal conditions of their obligations shall be considered as grounds for exemption from the Parties’ obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Explicitly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the bocage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will get together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
11/ Intellectual Property
The photographs made by the seller and which are sold on its website are and remain the intellectual property of the seller according to the rules of articles L 121-1 and following the Code of Intellectual Property. The rights on the photographs transmitted on material or computer media are strictly limited to private use.
Any use of the photographs made by the seller beyond this use and without his written authorization are constitutive of counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, under this article, by penalties of up to 3 years imprisonment and a fine of up to 300,000 €.
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
The fact for one of the parties not to take advantage of 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.
12/ Applicable law and disputes
These GTC are subject to French law.
Any dispute between the parties relating to its interpretation and/or execution shall be submitted, failing an amicable resolution, the customer may initiate proceedings before the jurisdiction of his choice.
Appendix 1 :
LEGAL GUARANTEE OF CONFORMITY :
Article L211-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 Consumer Code
In order to be in conformity with the contract, the property must :
Be fit for the use ordinarily expected of a similar asset and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling
Or have 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 accepted by the latter.
Article L211-12 Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
WARRANTY FOR HIDDEN DEFECTS
Article 1641 Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648, paragraph 1, Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Appendix 2: withdrawal form :
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of :
23, cours Pasteur
Tel + 33 (0)6 70 79 57 36
I/we ( ) hereby notify you/us ( ) of my/our ( ) withdrawal from the contract for the sale of goods ( )/for the provision of services (*) below :
Ordered on ()/received on () :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper):
(*) Delete as appropriate
Applicable texts – Jurisdiction
This contract is subject to French law. In the event that a dispute arises from the present contractual relationship, the buyer and claris-gallery.com agree to seek an amicable solution prior to any legal action. In the event of a dispute if no amicable agreement is reached, the competent court to hear this dispute is the Commercial Court of the seller’s domicile (Bordeaux).