Sale terms and conditions
Clause 1: Purpose
These Term and Conditions set out the conditions under which Parisienne de Photographie SPL, hereinafter referred to as "the Seller", proposes to provide, remotely and by electronic means, the sale of photographic reproductions to users of the www.parisenimages.fr website, hereinafter referred to as "the Customers", in accordance with the provisions of articles L.121-16 to L.121-20-5 of the Consumer Code.
The Seller reserves the right, at any time, to modify these terms and conditions by posting a new version that will apply to all orders placed after it was put online on the www.parisenimages.fr website.
“Customer” shall in particular mean any individual acting to satisfy his or her own personal needs, whether that person is domiciled in France or elsewhere.
The Customer declares that it has read the Terms and Conditions before ordering and that it accepts them without reservation. No general or specific conditions in documents sent or given by the Customer may be incorporated herein without the express permission in writing from the Seller.
Clause 2: Contractual Documents
This contract consists of the following contractual documents, presented in descending order: the electronic order form; these Terms and Conditions. In case of conflict between the provisions contained in the purchase order and these Terms and Conditions, the provisions of the purchase order will prevail.
Clause 3: Identification of the Seller
Parisienne de Photographie
A French public local company (Société Publique Locale), with share capital of 945,363 euros
Registered office: Hôtel de Ville de Paris, 75004 Paris
Mailing address: 3 rue des Arquebusiers, 75003 Paris
Registered with the Register of Trade and Companies of Paris as number B 483 833 666
Clause 4: Entry Into Force - Term
These Terms and Conditions come into force on the date of signing the order form on the www.parisenimages.fr website. These Terms and Conditions are entered into for the time necessary to provide the goods purchased, until the expiry of the guarantees owed by the Seller.
Clause 5: Electronic Signature
The client’s "click" on the purchase order constitutes an electronic signature which shall have the same validity as a handwritten signature for the parties.
Any order signed by the purchaser shall be a binding and definitive commitment.
Clause 6: Proof of the Transaction
The records stored in Seller's computer systems under conditions that ensure reasonable security will be considered proof of communications, orders and payments between the parties.
All purchase orders and invoices shall be archived using a reliable and durable medium that may be produced as evidence.
Clause 7: Product Information
The Seller offers products for sale on its website with the necessary features in accordance with article L.111-1 of the Consumer Code, which stipulates that potential consumers should be able to find out about the essential characteristics of the products they wish to buy before placing the order.
The offers presented by the Seller are valid only in so far as the stock is available. Should the ordered product not be available, the Seller shall inform the Customer immediately, and may offer a product of equivalent quality and price. Should the Customer not agree to this, the Seller will refund any sums paid without delay.
Clause 8: Price
Prices are quoted in euros and are valid as of the date of mailing of the order by the Customer. They do not include delivery charges, which are added as an additional charge and indicated before the validation of the order.
Prices include all taxes, including the VAT that applies on French territory on the date of order. Any change in the VAT rate will be reflected automatically in the prices of the online store. Payment of the full price must be made at the time of the order. Payment of deposits will not be accepted.
For all deliveries outside of the European Union and French overseas departments and territories, customs duties or other local taxes or import duties may apply. These duties and charges shall be paid by the Customer, and the Customer shall be responsible for them with respect to both declarations and payments that must be made to the relevant authorities and agencies.
Clause 9: Method of Payment
Payment will be accepted in euros only.
Payment will only be made on line once the order has been finalised. The banker’s cards that are accepted are Carte Bleue, Visa and Mastercard.
The bank transaction will be made using the secure payment facility provided by Crédit du Nord, which uses Atos Worldline’s SIPS technology. The Customer’s banking information is encrypted and will not be shared with the Seller at any time.
At the time of confirming the order, the Customer will warrant to the Seller that he has the necessary authorisations to use the chosen method of payment. The Seller reserves the right to suspend any order and delivery in case of refusal to authorise payment by credit card by certified financial institutions. The Seller also reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully paid a previous order or with whom there is an outstanding a dispute concerning payment.
Clause 10: Methods of Delivery
The prints and photo finishing will be done on request and as ordered. The orders will be wrapped in packaging that is adapted to the media used and will normally be sent within a period of 5 working days for simple, 8 working days for mounted or framed prints, following the acceptance of payment, except when there are unforeseen circumstances. This period is nonetheless a general estimate, and does not constitute an undertaking by the Seller.
The products will be delivered to the address specified by the Customer on the order form (it is possible to specify a billing address that is different from the delivery address at the time of placing the order).
The shipping will be done by Colissimo, which provides a tracking number. As soon as a shipment is made, the Customer will immediately receive an email informing him of that fact, and will be able to track the delivery of his order at all times. The Seller will not be responsible for any extension of delivery deadlines caused by the shipper, in particular as the result of the loss of products or a force majeure event.
Orders may also be placed at the laboratory (free service). If the Customer chooses this option, an email will be sent informing him that the order is available.
Address and hours for pick-up:
Laboratoire Processus Photo
163 rue de la Roquette
75011 Paris, France
Monday through Friday from 9:00 a.m. to 7:00 p.m.
To find out more about costs of shipping
Clause 11: Delivery Errors and Product Verification
It is the responsibility of the Customer to verify the number and condition of products upon receipt. In case of damaged or missing goods, the Customer must take the usual precautions with the shipper within the statutory period of three working days after delivery and must notify the Seller of that fact. The Customer must make any claim concerning an error of delivery and/or non-compliance of the goods, in kind or in quality, as compared with the order, to the Seller within 7 days. That claim may be submitted to the Seller immediately by email.
Any claim not made according to the rules defined above and within the defined time limits cannot be taken into account and will release the Seller from all liability towards the Customer.
In case of an error of delivery and/or non-compliance, any product for exchange or refund must be returned to the Seller in its entirety and in its original packaging, using the registered Colissimo service, at the address indicated in the response to the request for return by email. To be accepted, notice of any return must be provided to the Seller in advance by email. Return costs are charged to the Seller.
All claims and/or requests for a refund must be sent exclusively by mail to the following address, specifying the order number and the Customer’s complete contact information: firstname.lastname@example.org
Clause 12: Right of Withdrawal
In accordance with the provisions of article L.121-20 et seq. of the Consumer Code, the Customer may return goods that are not suitable and get a refund for the amount of his bill up to 7 days following the delivery, for the sale of goods, or following the acceptance of the offer, for services. The only products that will be refunded or exchanged are products that are unused and returned in their original packaging, intact, properly packaged, in perfect condition fit for resale, together with all accessories, instruction manuals and documentation, as well as the corresponding invoice. In addition, prior to any return, the Customer must claim the right to return by sending an email to the Seller specifying his contact details and the request for return of the product. The Seller will send an acceptance of the return by email, which should be printed out. This acceptance form must be attached to the package along with a copy of the original invoice.
This right of return does not require any justification. The shipment must take place within the statutory period, and the authenticity of the date will be determined according to the postmark or other tracking number. The package must be sent by Chronopost to the address indicated on the acceptance of return form.
The costs of returning the goods following the exercising of a right of return shall be borne by the Customer. Any packages sent C.O.D. will be systematically denied.
Requests for returns should be sent to the following address, specifying the order number and the Customer’s complete contact information: email@example.com
Clause 13: Product Warranty
The products sold are covered by the legal guarantee of conformity under articles L.211-4 et seq. of the Consumer Code or the warranty against hidden defects under articles 1641 et seq. of the Civil Code.
Clause 14: Force Majeure
Neither party will have breached its contractual obligations, in so far as the performance of those obligations is delayed, hindered or prevented by an accident or force majeure event. Any facts or circumstances which are unpredictable, uncontrollable, beyond the control of the parties or which cannot be prevented by them, despite all reasonably possible efforts, shall be deemed to be an accident or force majeure event. In particular, the following are considered to be accidents or force majeure events, in addition to those normally accepted by the jurisprudence of French courts and tribunals:
- any blocking of a means of transportation or supply, earthquakes, fires, storms, floods, lightning;
- any shutdown of telecommunications networks or difficulties specific to telecommunications networks that do not belong to the Customers.
Clause 15: No Partial Validation
If one or more provisions of these Terms and Conditions are held to be invalid or declared as such under any law, regulation or after a final decision by a competent jurisdiction, the remaining provisions will remain in full force and effect.
Clause 16: No Waiver
A failure by either party to claim a breach by the other party of any of the obligations under these Terms and Conditions may not be interpreted as a waiver of the said obligation in the future.
Clause 17: Computers and Information Law (Confidentiality of Personal Data)
The Seller will only use the information concerning the order for its preparation and follow-up as part of customer service. All customer data will be stored and used only by the Seller and its technical suppliers, in accordance with the Law of 6 January 1978 Concerning Information Technology, Files and Freedoms.
The consumer reserves the right to correct or delete personal information stored in the Seller’s computer system at any time, and he may exercise that right by writing to the website editor: Parisienne de Photographie, Paris en Images, 3 rue des Arquebusiers, 75003 Paris.
The Seller will not transmit personal information, including the mailing address and email address, to third parties without the consent of the owner. This authorisation may be withdrawn at any time. Direct partners that facilitate the processing of the order are excluded from this requirement, and the Seller will take the necessary security measures to protect data in its possession against inadvertent or deliberate manipulation, loss or destruction, and against access by unauthorised persons. However, the Seller cannot guarantee complete security when exchanging data over the Internet: any action taken by the Customer shall be at his own risk.
The user of the www.parisienimages.fr website shall be responsible for taking all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Internet. The Seller accepts no responsibility for any damage that may arise while accessing the website.
Clause 18: Intellectual Property
The rights of representation and reproduction of the photographs shown on the Paris en Images website belong to the authors of the said photographs or their successors. The rights of the Customer over the photographic prints it has acquired are limited to a right of private use, excluding all rights of public use for commercial purposes, representation or reproduction. Any public display of the photographic prints purchased on Paris en Images, such as using the prints for exhibitions or for decoration of public spaces (such as stores, restaurants, hotels, etc...) is prohibited, as well as any resale of the prints in a gallery or online.
Authorisation by the authors or their successors is necessary for any public or commercial use of any photographic prints that have been acquired during the private use granted to the Customer.
Requests for authorisation should be sent to La Parisienne de Photographie:
By mail to 3 rue des Arquebusiers, 75003 Paris, France
By email to firstname.lastname@example.org
Clause 19: Resolution of Disputes
These Terms and Conditions are subject to French law. This applies to the resolution of disputes involving both substantive and procedural issues. In the event of any litigation or claim, the client will first attempt to reach an amicable solution with the Seller.