1. Definitions
For the purposes of these terms and conditions of sale, the following definitions shall apply:
Seller :
Jehan Lérin - Jehan Lérin Photographie
60 Av Maréchal Juin
06400 CANNES - FRANCE
+33 (0)6 38 54 13 06
jehanphoto@hotmail.com
SIRET 80141114100014
Entrepreneur Individuel
Site: the seller's website on which customers can place product orders.
Product: all the products that the seller can sell on its site: photo prints, digital files, videos, books, diaries, calendars, posters, etc.
Order: order of Products placed by the customer with the seller from his site.
2. Characteristics
These general terms and conditions of sale apply to all orders for products sold by the seller on its website. The general terms and conditions of sale can be consulted on the site and are accepted by the customer prior to placing any order.
They are applicable in their entirety to all orders placed on the site by 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 the present general terms and conditions of sale exclusively govern their relationship.
The general terms and conditions of sale in the French language shall be the default and shall prevail over those written in English to avoid translation errors.
3. Order
The customer may place an order online using the form provided.
For the order to be validated, the customer must accept the present terms and conditions of sale by clicking where indicated. They must also choose the delivery address and method, and validate the payment method.
All orders placed on the site imply payment and acceptance of the prices and descriptions of the products available for sale.
In certain cases, notably non-payment, incorrect address or other problem with the customer's account, the seller reserves the right to block the customer's order until the problem has been resolved.
In the event of unavailability of the product ordered, the customer will be informed by e-mail. The order for this product will then be cancelled and reimbursed if necessary.
For any question relating to the follow-up of an order, the customer must call :
[to be completed] [and complete with dates and times of operation].
4. Product information
The products governed by these general terms and conditions of sale are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Product photographs are not contractual.
5. Prices
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 on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices include VAT applicable on the date of the order, unless the seller, by virtue of his status, does not mention it on the invoice.
Full payment must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
6. Payment methods
Payment is made online using a secure payment system. The seller does not collect your bank details and has chosen well-known banking establishments that guarantee a sufficient level of security. You can pay by credit card.
The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor 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 in progress.
7. Product availability - refund
Except in the event of force majeure or when the online store is closed, as clearly announced on the home page of the site, shipping times will be as indicated below, subject to availability of stock. Delivery times run from the order registration date indicated on the order confirmation e-mail.
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 non-compliance with contractual deadlines, the purchaser 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 of the date on which the contract was cancelled.
In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the option of cancelling the order. The customer will then have the choice of requesting either a refund of the sums paid, or an exchange of the product.
8. Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
No deliveries are made to..........[to be completed] [indicate locations to which the seller does not wish to deliver, e.g. campsites, hotels, post office boxes....]
Products are delivered to the address indicated by the purchaser at the time of ordering. The customer must ensure that this address is correct. Any parcel 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 deliveryman will leave a delivery notice in the letterbox, allowing the customer to collect the parcel at the place and within the time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the items in the presence of the delivery person. If they have been damaged, the customer must refuse the parcel and make precise and detailed written reservations on the delivery note.
This verification is considered to have been carried out once the customer, or a person authorized by the customer, has signed the delivery note.
The customer must then confirm these reservations to the carrier by registered mail no later than three (3) working days following receipt of the item(s), 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.
Electronic delivery of digital files is neither protected nor encrypted. The customer acknowledges that he/she is fully aware of this fact and expressly agrees to download the images at his/her own risk.
9. Claims
The customer must notify the seller of any claim of non-conformity or defect in the nature or quality of the products.
Complaints may be made, at the purchaser's discretion, to the following number
- telephone number: +33 (0)6 38 54 13 06
- e-mail address: jehanphoto@hotmail.com
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address:
Jehan Lérin
60 avenue Maréchal Juin
06400 CANNES - FRANCE
Return shipping costs are at the seller's expense.
10. Product warranty
In accordance with the provisions of the legal warranties of conformity (articles L211-4 et seq. of the French Consumer Code) and hidden defects (articles 1641 et seq. of the French Civil Code) specified in Appendix 1, non-conforming or defective products will be reimbursed or exchanged.
The purchaser is expressly informed that the seller is not the producer of all the products presented within the meaning of law n°98-389 of May 19, 1998 relating to liability for defective products.
11. Right of withdrawal - exceptions - how to exercise the right of withdrawal
In accordance with the provisions of the French Consumer Code, and subject to the exceptions set out below, in order 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 withdrawal by making any other declaration to the seller, in particular by post or e-mail, expressing his wish to withdraw without any ambiguity and specifying the order number.
From the date of communication of his decision to withdraw by sending the standard form or declaration of withdrawal, the customer has a further period of fourteen (14) days to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the customer. In the case of an exchange, reshipment will be at the customer's expense.
Only products returned in their entirety, 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 reimbursed or exchanged.
The seller shall reimburse the customer for all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days following the date on which it 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 of shipment of the products, whichever comes first.
In accordance with article L 121-21-8 of the French Consumer Code, the right of retraction is excluded:
- for services begun before the end of the withdrawal period, provided that the seller has first obtained the customer's express request on paper or on a durable medium;
- for the development of photographs or the making of films, which are considered to be supplies of goods made to the consumer's specifications or clearly personalized.
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
12. Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure” means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of French courts and tribunals: disruption of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
13. Intellectual property
The photographs produced by the seller and sold on its website are and remain the intellectual property of the seller in accordance with the rules of articles L 121-1 et seq. of the French Intellectual Property Code. The rights to 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 constitute counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, by virtue of this article, by penalties of up to 3 years' imprisonment and a fine of €300,000.
14. Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.
15. Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
16. Applicable law and disputes
These terms and conditions are governed by French law.
Any dispute between the parties concerning its interpretation and/or execution shall be submitted, failing amicable resolution, to the customer's choice of jurisdiction.
Appendix 1:
LEGAL WARRANTY 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 defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code
To conform to the contract, the goods must :
1. Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2. Or present 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 a lack of conformity must be brought within two years of delivery of the goods.
WARRANTY AGAINST HIDDEN DEFECTS
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French 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 :
[to be completed]
[Last name
First name
Address
Telephone number
Email]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date
(*) Delete as appropriate