1. Definitions
For the purposes of these general conditions of sale, the following definitions shall apply:
Manufacturer:
Galivel
Fanch
Kerdavid _ 56410 Erdeven
44942900000028
Intracommunity VAT number
+ 33 (0) 660427801
Fanch@fanch-photo.com
Site: the website of the seller where customers can place an order for products.
Product: all the products that the seller can sell on his site: digital prints, digital files, videos, books, diaries, calendars, posters ...
Order: Products ordered by the customer from the seller.
2. Features
These general conditions of sale are applicable to all orders of products sold by the seller on his site. The general conditions of sale can be consulted on the site and accepted by the customer prior to the placing of any order.
They are applicable in their entirety for any order placed on the site of the seller and his customers in France or abroad, whatever the place of performance and / or delivery.
The seller and the customer agree that these general conditions of sale govern exclusively their relationship.
3. Ordering
The customer can place an order online using the form provided.
For the order to be validated, the customer must accept, by clicking in the indicated place, the present general conditions of sale. He must also choose the address and mode of delivery, and finally validate the method of payment.
Any order on the site entails payment obligation and implies acceptance of prices and descriptions of products available for sale.
In certain cases, such as default of payment, wrong address or other problem on the customer's account, the seller reserves the right to block the customer's order until the problem is solved.
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 reimbursement will then be carried out.
If you have questions about tracking an order, the customer should call:
06 60 42 78 01 from 9 am to 7 pm
4. Product Information
The products governed by the present general conditions of sale are those which appear on the website of the seller and which are indicated as sold and sent by the seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.
5. Prices
The seller reserves the right to revise its rates at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on this date.
Prices are quoted in Euros. They do not take account of the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order.
Payment of the full price must be made at the time of the order. At no time, the sums paid can not be considered as a deposit or installments.
4. Means of payment
Payment is made online using a secure payment system. The seller does not collect your bank details and has chosen well-known banking institutions ensuring a sufficient level of security. You can pay by credit card.
The seller reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card from the bodies officially accredited or in case of nonpayment. 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 being administered .
5. Availability of products - refund
Except in case of force majeure or during the closing periods of the online shop which will be clearly announced on the homepage of the site, the delivery times will be in the limited available stocks, those indicated below. Shipping terms run from the date of registration of the order indicated on the confirmation email of the order.
For deliveries to mainland France, the deadline is fifteen (15) working days.
For deliveries to the International, the deadline is twenty (20) working days.
In case of non-compliance with the contractual deadlines, the buyer can resolve the contract by registered letter with acknowledgment of receipt. In this case, the seller is obliged to reimburse the customer for all the sums paid within fourteen (14) days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the customer will be informed as soon as possible and will be able to cancel his order. The customer will then have the choice to ask either the refund of the sums paid, or the exchange of the product.
6. Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
No delivery is made in campsites, hotels, post boxes.
The products are delivered to the address indicated by the buyer at the time of the order. The customer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be redirected at the customer's expense.
If the customer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the parcel to be removed at the place and during the indicated time.
If at the time of delivery, the original packaging is damaged, torn open, the customer must then check the condition of the items in the presence of the delivery person. If they have been damaged, the customer must imperatively refuse the parcel and issue written, precise and detailed reservations on the delivery note.
This verification is considered to have taken place when the customer, or a person authorized 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 of receipt of the item (s) and send a copy of this letter by fax, email or simple mail to the seller.
The seller undertakes to deliver photographs according to your order (quantity, type of development, format) and high quality.
Electronic delivery of digital files is not protected or encrypted. The customer acknowledges to be fully informed and expressly agrees to download the images under his / her sole responsibility.
7. Complaints
The customer must formulate with the seller any complaint of non-conformity or defect of the products in kind or in quality.
The claim may be made, at the choice of the buyer:
- telephone number: +33 (0) 660427801
- e-mail address: fanch@fanch-photo.com
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, in Colissimo recommended, to the following address:
Fanch Galivel
Place says Kerdavid
56410 Erdeven France
La France.
The return costs are the responsibility of the seller.
8. Product Warranty
In accordance with the provisions of the legal guarantees of conformity (Articles L211-4 et seq. Of the Consumer Code) and latent defects (Articles 1641 et seq. Of the Civil Code) specified in Annex 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 Act No. 98-389 of 19 May 1998 on liability for defective products.
9. Right of withdrawal - exception - how to exercise the right of withdrawal
In accordance with the provisions of the 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 form of withdrawal, which is in Annex 2 of these general conditions of sale to The address given in Annex 2. The customer may also exercise his right of withdrawal by any other declaration to the seller and in particular by post or email expressing his will to retract without ambiguity and specifying the order number.
Upon notification of its decision to withdraw by sending the standard form or the withdrawal statement, the customer has another fourteen (14) days to return to return any unsuitable item and Ask for the exchange or the refund without penalty, with the exception of the costs of return which remain the responsibility of the customer. In the case of an exchange, the redirection will be done at the expense of the customer.
Only the products returned in their entirety, in their original packaging complete and intact, and in perfect condition of resale are taken back. 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 amounts paid, including delivery charges, without undue delay and no later than fourteen (14) days after the date on which he is informed of the consumer's decision to retract . The seller may, however, postpone the refund until the goods are recovered or until the customer has provided proof of the shipment of the products, whichever is the earlier.
It is specified that the right of withdrawal is excluded in accordance with Article L 121-21-8 of the Consumer Code:
- for services which commenced before the end of the withdrawal period, provided that the seller has previously obtained the express request of the customer on paper or durable medium;
- for the development of photographs or the making of films that are analyzed as supplies of goods realized according to the specifications of the consumer or clearly personalized.
- for the supply of audio or video recording or computer software when they have been unsealed by the consumer after delivery.
10. Force majeure
Any circumstances beyond the control of the parties preventing the normal execution of their obligations shall be regarded as grounds for exemption from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All acts or circumstances irresistible, external to the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the parties, in spite of all reasonable efforts, shall be considered as force majeure. Expressly, force majeure or unforeseeable circumstances, in addition to those usually adopted by the jurisprudence of the French courts and tribunals, are considered to be: bocage of means of transport or supplies, earthquakes, fires, storms, floods, lightning , Shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued.
11. Intellectual Property
Photographs made by the seller and sold on his 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 to photographs transmitted on physical or computer medium are strictly limited to private use.
Any use of the photographs carried out by the seller beyond this use and without his written authorization constitute infringement within the meaning of Article L 335-2 of the same Code and are punishable under this article by penalties Up to 3 years' imprisonment and a fine of 300,000 €.
12. Partial non-validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, And their scope.
13. 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 conditions of sale can not be interpreted for the future as a waiver of the right Obligation in question.
14. Governing Law and Disputes
These Terms and Conditions are subject to French law.
Any dispute between the parties relating to its interpretation and / or its execution shall be submitted, in the absence of an amicable resolution, the client may institute proceedings before the court of his choice.
Annex 1 :
LEGAL WARRANTY OF CONFORMITY:
Article L211-4 Consumer Code
The seller is obliged to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L211-5 Consumer Code
To comply with the contract, the property must:
1. Be fit for the usual expected use of a similar good and, where applicable:
• correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2. Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L211-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
HIDDEN DEFECTS WARRANTY
Article 1641 Civil Code
The seller is liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish that use that the purchaser has not acquired it, Would have given a lesser price if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from the redhibitory defects must be instituted by the purchaser within two years from the discovery of the defect.
Annex 2: withdrawal form:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of :
[fill]
[Name
First name
Address
Phone number
E-mail]
I / we (*) hereby notify (*) that I / we (*) withdraw from the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Consumer (s):
Address of Consumer (s):
Signature of Consumer (s) (only in case of notification of this form on paper):
Dated
(*) Delete as appropriate