NET4WIN sells photo galleries under the trade name of ‘EFOTIX’.
ARTICLE 1- SCOPE OF APPLICATION
Our achievements are reserved for consumer customers only, ie “any natural person who acts for purposes that are not part of his/her business activity, industrial, craft or liberal activity”.
These general terms and conditions of sale define the rights and obligations of the parties under the online sale of products and services offered to the customer on our website.
Any order placed by the customer implies full acceptance of these general terms and conditions of sale.
We reserve the right to modify at any time these general terms and conditions of sale.
ARTICLE 2- PRE-CONTRACTUAL INFORMATION
The customer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general terms and conditions of sale and all the information listed in Article L221-5 of the French consumer code.
The following information is thus clearly and understandably communicated to the customer:
– the essential characteristics of the good or service,
– the price of the good or service,
– transport and delivery costs,
– in the absence of immediate delivery of the goods, the date or the deadline to which we commit to deliver the goods,
– information relating to our identity, our mailing address, telephone and email, our activity, the legal warranties, the digital content functionalities, the terms and conditions for the implementation of legal and contractual warranties.
ARTICLE 3- ORDER AND CONFIRMATION OF ORDER
The customer places his/her order online from the offer of products or services mentioned on our website, according to the terms indicated on it.
In order to fulfill the order, the customer must follow the steps below:
1. Enter the address of the website;
2. Follow the instructions especially the ones necessary to open a customer account;
3. Fill out the order form;
4. Check the details of the order and if necessary, identify and correct errors;
5. Validate the order, the total amount and the inclusive price;
6. Follow the instructions of the online payment server to pay the inclusive price.
In order for the order to be registered, the customer must accept, by clicking on the indicated place, these general terms and conditions. He/she will have to indicate the address and the delivery method and to validate the terms of payment.
However, an order may be refused if:
– the quality of the photographs delivered by our customer is not suitable for the good realization of the gallery,
– the format of the photographs is less than 1000 pixels in height or width,
– the number of photographs communicated by the customer is less than the number required for the creation of the gallery, the said number being specified on the product sheet,
– And more generally, in case of anything that would not allow the realization of the photo gallery.
The sale will be considered final:
– after the sending by e-mail to the customer of the confirmation of the acceptance of the order,
– after the validation of the photographs received from the customer,
– after cashing the entire amount.
Any order implies acceptance of the prices.
In certain cases such as payment default, wrong address or other problem on the customer’s account, we reserve the right to block the order of the customer until the problem is solved.
We provide the customer with a durable copy of the document confirming the agreement of both parties.
ARTICLE 4- ELECTRONIC SIGNATURE AND PROOF OF CONTRACT
The online providing of the client’s credit card number and the final validation of the order will be considered as the proof of the customer’s agreement and will lead to:
– payment of the amount due under the order,
– signature and express acceptance of all the operations carried out.
Electronic records kept in our computerized systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
ARTICLE 5- CUSTOMER OBLIGATIONS
The Customer expressly and unreservedly guarantees our company that for the photographs it provides for the realization of the gallery:
– he/she legally holds the intellectual property rights (copyrights) in the said photographs either because he/she himself/herself made the said photographs, or because he/she legitimately acquired the same rights from the author of the photographs,
– he/she has legitimately acquired the right to photograph the property object of the photograph (example: photograph of a work, a building …);
– the photographs respect the right to privacy (photograph of a house for example) and the image right (photograph of a person for example).
The client guarantees our company against all the consequences (condemnation to damages, reimbursement of court costs exposed or settled to the opposite party …) related to one or more services carried out on photographs delivered by the customer who would contravene any rights of a third party (intellectual property rights, image rights, respect for private life …).
ARTICLE 6- DESTINATION OF OUR PRODUCTS
Our achievements and products are intended only for personal and private use for our client who undertakes not to make commercial or professional use.
ARTICLE 7- RIGHT TO USE PHOTOGRAPHS – SUBCONTRACTING
The Customer expressly authorizes our company to use the photographs delivered to perform the services ordered.
It also authorizes our company to subcontract to any third party company of its choice all or part of the services ordered and it also consents to the said company an authorization to use the photographs delivered to carry out the services ordered.
The Customer expressly authorizes our company as the third party outsourcer of the services to modify the photographs, if necessary, in order to realize the services ordered.
The photos provided by the customer and held by our company will be erased as soon as confirmation of the good reception and compliance of the gallery received by the customer.
ARTICLE 8- PRICE OF OUR ACHIEVEMENTS
The applicable price is the one appearing on our site at the time of the order.
We reserve the right to change the price of our products and services at any time.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition unless other indication, indicated before validation of the order.
The prices take into account the VAT applicable on the day of the order and any change of its rate will be automatically reflected on the price of the products.
In the event of an order for products to be delivered outside Metropolitan France, the customer agrees to pay all duties, customs duties, taxes, contributions or taxes of any kind whatsoever that he/she will be required to pay in enforcement of the law of the country of delivery.
Payment of the full price must be made when ordering.
The sums paid can not be considered as down payments or deposits.
If one or more contributions were to be created or modified, this change could be reflected in the selling price of the products.
ARTICLE 9- PAYMENT TERMS
Payment has to be done by credit card. We reserve the right to suspend any management or delivery of order in case of refusal of authorization of payment by credit card from the organizations accredited for this purpose or in case of default of payment.
The transaction is immediately charged to the customer’s credit card after verifying the customer’s data, upon receipt of the debit authorization from the company issuing the credit card used by the customer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his/her credit card, the customer authorizes our company to charge its credit card the amount corresponding to the inclusive price.
For this purpose, the customer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is actually his/her. The customer communicates the sixteen digits and the expiry date of his credit card and, if applicable, the numbers of the visual cryptogram.
In the case where the debit of the price would be impossible, the sale would be immediately resolved by right and the order would be canceled.
We reserve the right to refuse an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute exists.
Payment is considered final only after actual receipt of the sums due.
ARTICLE 10- DELIVERY TIME OF PRODUCTS
Except in case of force majeure, the shipping times are as indicated below.
For delivery times in Metropolitan France, the deadline is 21 working days maximum from the day following the validation of the customer’s photographs by our company.
Shipping times run from the date of registration of the order indicated on the order confirmation email.
In case of non-compliance with the agreed date or delivery time, the customer must, before resolving the contract, order our company to deliver within a reasonable additional time.
Failing execution at the end of this new period, the customer may freely resolve the contract.
The customer must complete these formalities by registered letter with acknowledgment of receipt or by writing on another durable support.
The contract will be considered as resolved upon receipt by our company of the letter or writing informing us of this resolution, unless the delivery has occurred in the meantime.
The customer may however immediately resolve the contract if the dates or delivery times were for him an essential condition of the contract.
In this case, when the contract is resolved, we will reimburse the customer for all amounts paid, at the latest within 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 have the possibility to cancel his/her order. The customer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11- TERMS OF DELIVERY OF PRODUCTS
Delivery means the transfer to the customer of physical possession or control of the property. It is made only after confirmation of the payment by the bank of our company.
The products are delivered to the address indicated by the customer on the order form which must ensure its accuracy.
It is specified here that for the prints and / the framing, the packages will be sent directly by the partner company with which our company works.
Any parcel returned to our company because of an incorrect or incomplete delivery address will be returned at the customer’s expense.
The customer is required to check the condition of the packaging and the items during the delivery.
If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the items. If they are damaged, the customer must refuse the package and note on the delivery order and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product, damaged package …).
This verification is considered to have been made once the client, or a person authorized by him, has signed the receipt form.
In order to allow our company to appeal against the defaulting carrier, the customer undertakes to confirm by registered mail with acknowledgment of receipt its reserves to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter to our company.
The customer must also send a copy of this letter to our company. Failure to file a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
ARTICLE 12- COMPLIANCE OF DELIVERED PRODUCTS
The customer must ensure that the photo gallery that has been delivered to him/her correspond to his/her order. In the event of non-compliance with the specifications mentioned in the delivery note, the customer must inform our company by e-mail and immediately return the gallery to our company in their original condition and packaging by registered mail at the address of our Company below:
Société NET4WIN – 337 rue des Pervenches – 01090 MONTMERLE SUR SAÔNE – FRANCE.
It is stated here that photo galleries are artistic creations and that the client will see the result of the design only upon receipt.
It is again specified that since galleries are artistic creations, the graphic designers who ensure the realization enjoy freedom in the creation of gallery from the photographs made by the customer (freedom in the choice of photographs, the number of used photographs, the arrangement of photographs …).
Consequently, only the technical specificities (size, type of printing, framing of photo gallery) not in accordance with what is indicated on the order can be the object of complaints and not the artistic qualities.
The cost of return will be borne by us if the non-compliance is proven.
ARTICLE 13- TRANSFER OF OWNERSHIP AND RISKS
The transfer of ownership of products and risks occurs after full payment of the price.
14.1- Legal guarantees of conformity and hidden defects.
Our company is the guarantor of the conformity of the goods with the contract, allowing the customer to avail himself/herself of the legal guarantee of conformity envisaged in articles L217-4 and following of the code of the consumption or the guarantee of the defects of the sold thing envisaged with the articles 1641 and following of the civil code.
In case of implementation of the legal guarantee of conformity, it is recalled that:
– the customer has a period of 2 years from the delivery of the property to act,
– the customer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L217-7 of the French Consumer Code,
– the customer is exempted from reporting the proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
In addition, it is recalled that:
– the legal guarantee of conformity applies independently of the commercial guarantee hereafter,
– the customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
ARTICLE 15- RIGHT OF CANCELLATION
Given the highly personalized nature of our products which does not allow us to put them on sale in case of return, the customer does not have the legal withdrawal period of 14 days. Our customer can not therefore avail of a withdrawal period.
ARTICLE 16- FORCE MAJEURE
Any circumstances beyond the control of parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration of the obligations of the parties and shall lead to their suspension.
The party invoking such circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by the latter, despite all efforts reasonably possible. Will be considered as force majeure or fortuitous cases, besides those usually retained by the jurisprudence: the strike internal or external to our company, the blockage of the means of transport or supply, earthquakes, fires, storms, floods, lightning , shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, the contract may be terminated by the injured party.
ARTICLE 17- TREATMENT OF PERSONAL DATA
17.1- Collection of Customer Data
Data collection is necessary for our company to take and process orders from our clients. This collection results from the consent of our clients.
In case of failure to provide one or more data, our company may not consider an order.
The personal data that are collected on our site are as follows:
– Account opening
When opening the account, his/her name, first name, email address, physical address, phone number.
– Connection to our website
When connecting to our website, it records in particular his/her name, first name, connection data, usage, location.
Cookies are used in connection with the use of our website and the user may disable them from the browser settings.
17.2- Use of reported data
The personal data requested from the customer and communicated by him/her are those necessary for the processing of his order.
Specifically, uses include the following:
– access to our website, order and payment of our products,
– sending commercial and advertising information, according to the preferences of our clients,
– management of any disputes with the customer.
– There is no profiling or automated decision taken on the basis of personal data collected.
This personal data is used by the employees of our company for order processing.
The contact details of the person in charge of the processing of personal data within our company appear on our contact form and it is accessible by this form by selecting “My personal data” in the subject of the message.
17.3- Sharing data with third parties
The Customer’s personal data may be shared with third parties in the following cases:
– when our company subcontracts all or part of the services ordered by the client, with the subcontracting companies (carriers for example),
– when the customer uses payment services, our company is in contact with banking and financial companies,
– when the customer agrees to receive commercial or advertising information, the advertising service providers have access to the customer’s data, as part of the performance of their services,
– when required by law, our company may be required to transmit personal data to respond to claims against it and to comply with administrative and judicial procedures,
– if our company is involved in a merger, acquisition, disposal of assets or by a procedure of safeguard, recovery or liquidation judicial, it may be required to sell or share all or part of its assets, including personal data. In such a case, the clients will be informed, before the personal data are transferred to a third party.
17.4- Transfer of personal data
Personal data collected may be transferred to one or more countries outside the European Union for the proper performance of the contract (delivery of transport …).
Our company remains responsible for personal data that is shared with third parties.
Moreover, for the realization of photo gallery ordered, our company is brought to appeal to creative artists located in different countries. For the realization of gallery, the photographs provided by the client will be transferred to these artists but without being accompanied by personal data. The customer therefore expressly authorizes our company to transfer said photographs for the sole purpose of making the gallery.
17.5- Security and confidentiality of data
Our company takes organizational, technical, software and physical measures in the field of digital security to protect the personal data it holds and to prevent tampering, destruction and unauthorized access.
Despite the measures taken by our company, it should be remembered that the internet is not itself a completely secure environment, it can not guarantee the security of the transmission and storage of information on the internet.
17.6- Right of our Clients on their personal data
In accordance with the laws and regulations in place, our clients have the following rights:
– right of access to their personal data
Our clients may exercise a right of access to know their personal data by writing their request on our contact form by selecting “My personal data” in the subject line of the message.
Before granting this access, our company may request proof of the applicant’s identity to verify its accuracy.
– right to rectify and update personal data
Our clients may rectify or update their personal data by writing their request on our contact form by selecting “My personal data” in the subject line of the message.
– right to obtain the deletion of personal data
Our clients may request the deletion of their personal data, in accordance with the applicable rules, by writing their request on our contact form by selecting “My personal data” in the subject line of the message.
– right to portability of personal data
Our clients can retrieve their personal data by writing their request on our contact form by selecting “My personal data” in the subject line of the message.
17-7- Retention period of personal data
The personal data collected by our company are kept for 2 years.
ARTICLE 18- LANGUAGE
These general conditions of sale are written in French and in English.
In case of contradiction between the two versions, or another version if there was to be another translation, only the French text would be valid in case of dispute.
ARTICLE 19- DISPUTES – MEDIATION
In case of dispute with our company, the customer has the possibility, in order to try to reach an amicable resolution of it, to resort to a mediator.
This procedure, which is not mandatory, is free of charge except for any legal or expert fees that may be incurred by the client.
The client who wishes to resort to mediation must, before any mediation, submit a written complaint to us.
The request for mediation must then be lodged within one (1) year from the date of this complaint, under penalty of inadmissibility.
The dispute can not be examined by the Consumer Ombudsman when the claim is manifestly unfounded or abusive, the dispute has been previously examined or is under consideration by another mediator or a court or if the dispute does not arise in his/her field of competence.
To seize the mediator of consumption:
Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code. Procedure is free for the consumer
MEDIATION – VIVONS MIEUX ENSEMBLE
Website address: www.mediation-vivons-mieux-ensemble.fr
Address od the mediator: 465 avenue de la Libération 54 000 NANCY
European platform for online dispute resolution:
The Client may resort to a conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies or any alternative dispute resolution (conciliation …) in case of dispute.
ARTICLE 20- APPLICABLE RIGHT
These general terms and conditions of sale are subject to the application of French law, excluding the provisions of the Vienna Convention on the International Sale of Goods.
ARTICLE 21- GENERAL PROVISIONS
In the event that a clause or provision of a clause of this Agreement is canceled, its nullity shall not affect the other stipulations, nor affect the validity of this Agreement or the clause as a whole. The parties will then endeavor to amend the void clause to comply with the rule while respecting the balance and objectives of this Agreement.
It will not be possible to take into account past practices established between the parties or the manner in which they have performed these to interpret them.
The division of these into separate articles and the drafting of titles can not condition in an absolute manner their interpretation. In case of conflict between the title of a clause and its content, the content prevails.
The fact that our company does not avail itself at a given time of one or more provisions of these presents can not be a waiver of the right to use them later.
ARTICLE 22- ANNEXES
The provisions of Articles L217-4, L217-5, L217-12 and L217-16 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code are set out in the appendix.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1648 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity.
Article L217-4 of the Consumer Code
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
– it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.