GENERAL TERMS & CONDITIONS OF SALE
In force on 01/01/2022
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the Vendor with buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale ("the Products") by the Vendor on the sebastiendelautier.com website. The Products offered for sale on the site are the following:
Art prints on various supports
Broadcasting rights
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the sebastiendelautier.com site, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the sebastiendelautier.com website and will prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the sebastiendelautier.com site.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact information is as follows
Sébastien Delautier Photography
4 RUE DU PIC DU MIDI 31170 TOURNEFEUILLE FRANCE
Registration number: 852 804 186 00017
Email : delautierphotography@gmail.com
The Products displayed on the sebastiendelautier.com website are offered for sale in the following territories:
World.
In case of order towards a country other than France, the Customer is the importer of the concerned Products.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the site sebastiendelautier.com, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, exclusive of tax and VAT. The prices expressed in other units are purely as an indication.
The prices take into account possible reductions which would be granted by the Salesman on the site sebastiendelautier.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transportation and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice shall be issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the sebastiendelautier.com website the Products he/she wishes to order, according to the following modalities:
Selection of a photo
Selection of the associated products
Choice of personalization parameters
Add to the basket
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the sebastiendelautier.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the evolution of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: delautierphotography@gmail.com. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the site sebastiendelautier.com will have the possibility to suspend or close the account of a customer after notice sent by electronic means and remained without effect.
Any deletion of account, whatever the reason, engenders the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of the present general conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
payment by credit card (Stripe)
or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when the order is placed)
or payment by Paypal
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions carried out on the sebastiendelautier.com site.
Payments made by the Customer shall be considered final only after the Seller has effectively collected the sums due.
The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones:
World.
Deliveries are made within 2 weeks to the address indicated by the Customer when ordering on the website.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 2 weeks after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.
When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 2 days, the maximum period as from the delivery, to formulate complaints by email, accompanied by all the related documents (photos in particular). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
Due to the nature of the Products sold, which are completely personalized, the orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms and conditions specified in these GTC.
ARTICLE 8 - Responsibility of the Seller - Guarantees
The Products supplied by the Seller benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.
Reimbursements, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 90 days following the Seller's finding of the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Salesman could not be committed in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the sebastiendelautier.com website are the following
Account opening
When creating a Customer/user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
When paying for Products offered on the sebastiendelautier.com website, the latter records financial data relating to the Customer's bank account or credit card.
9.2 Recipients of personal data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractors is (are):
Transport providers
The providers of payment establishments
Photo laboratories
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the sebastiendelautier.com website have the following rights:
They can update or delete the data concerning them in the following way:
By logging into their account or by making a deletion request by email.
They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another service provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The person in charge of processing must give a reply within a maximum of one month.
In case of refusal to grant the Customer's request, this must be motivated.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property relating to the website
The content of the sebastiendelautier.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - Intellectual property relating to photo prints
The purchaser of an original work is not invested by the fact of this acquisition of any of the attributes of the intellectual property. Therefore, no reproduction or distribution of the print for which the invoice states the sale is authorized without the prior agreement of the author (Art. L111-3 of the Intellectual Property Code).
ARTICLE 12 - Transfer of broadcasting rights
The Seller is the sole owner of the intellectual property rights on the transferred works.
In accordance with article L111-3 of the Intellectual Property Code, the possession of the medium of a work (in this case digital media) does not, as such, confer intellectual property rights. The reproduction rights of the Transferee (Customer) are therefore strictly limited and listed in the present article.
In accordance with the provisions of the Intellectual Property Code, and more precisely of article L131-1, any transfer of rights, in order to be validly concluded, must be limited as to the media of use, the duration and the territorial scope.
The purpose of this transfer of broadcasting rights is to authorize the Customer (the assignee of the rights) to use the works identified in the order within the limits agreed upon at the time of the order and as listed on the invoice corresponding to the order (in particular, type of broadcasting, type of medium, size of the image, destination, geographical scope, number of media, duration of use, etc.)
This transfer excludes any use of the photographs for purposes other than those mentioned on the invoice.
The transfer of rights is granted for a period as specified on the invoice. The lack of use of the works by the Customer does not extend the duration of the transfer. At the end of the agreed period, the Customer shall cease all use of the works or shall spontaneously approach the Seller to negotiate an extension of the term of the assignment.
Furthermore, the Assignee (Customer):
Will not modify the work transferred
Shall include the words "Photo © Sébastien Delautier - www.sebastiendelautier.com" near each reproduction or use of the work transferred, in a font size equivalent to that of the presentation texts on the visuals
If he integrates it in another creation, he commits himself not to modify it
Is forbidden to transfer to third parties works that are the subject of this agreement, for any reason whatsoever and on any medium whatsoever
Undertakes to inform the person chosen by him (graphic designer, webmaster, etc.) of the obligation to respect the intellectual property rights of the Photographer. The Client will be personally responsible for any violations by the intervening party if he is unable to demonstrate that he has provided the necessary information.
The Customer acknowledges that the images selected by him in the context of his order are not subject to exclusivity.
As such, the Seller may make unrestricted use of them with other Customers (promotion, transfer of reproduction rights, sale of art prints, ...)
The Customer is informed that the rules of French law concerning image rights may prohibit him, in certain circumstances and for certain purposes (in particular commercial), from distributing images representing recognizable persons without the consent of the latter.
The Customer and the Seller agree that the photographs selected in the order do not show recognizable persons. Therefore, no agreement is required.
The transferee Customer shall declare and pay to the Urssaf the following contributions (rates in force in 2022):
- Social security contributions (1% of the gross amount before tax)
- Contribution to professional training (0.10% of the gross amount before tax)
The following are excluded from this contribution scheme
natural or legal persons who remunerate a third party for an artistic work; and not the artist or his beneficiaries (e.g.: purchase of a work from a gallery);
companies residing abroad (outside France);
individuals who pay a fee for an artistic work and keep it for their personal use;
artists who pay a fee to a colleague.
Information and steps to be taken by the diffuser:
https://www.urssaf.fr/portail/home/espaces-dedies/artistes-auteurs-diffuseurs-comm/vous-etes-diffuseur.html
ARTICLE 13 - Applicable law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 14 - Litigation
For any complaint, please contact the customer service department at the postal or e-mail address of the Vendor indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the designated mediator is
CM2C
14 rue saint Jean 75017 Paris
https://www.cm2c.net/declarer-un-litige.php
The Customer is also informed that he may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
Failing this, and depending on the subject matter of the dispute, the competent courts are hereby designated by the parties, namely
- For any dispute relating to intellectual property, and in accordance with Decrees No. 2009-1204 of October 9, 2009 and No. 2010-1369 of November 12, 2010 amending the Code of Judicial Organization and Decree No. 2009-1205 of October 9, 2009, also amending the Code of Intellectual Property, one of the courts designated by these decrees or any court that an amending law would designate;
- For any other dispute, the Court of the place of the Seller's headquarters (France, Toulouse, 31).
In force on 01/01/2022
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reserve, to all sales concluded by the Vendor with buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale ("the Products") by the Vendor on the sebastiendelautier.com website. The Products offered for sale on the site are the following:
Art prints on various supports
Broadcasting rights
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the sebastiendelautier.com site, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the sebastiendelautier.com website and will prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the sebastiendelautier.com site.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact information is as follows
Sébastien Delautier Photography
4 RUE DU PIC DU MIDI 31170 TOURNEFEUILLE FRANCE
Registration number: 852 804 186 00017
Email : delautierphotography@gmail.com
The Products displayed on the sebastiendelautier.com website are offered for sale in the following territories:
World.
In case of order towards a country other than France, the Customer is the importer of the concerned Products.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the site sebastiendelautier.com, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, exclusive of tax and VAT. The prices expressed in other units are purely as an indication.
The prices take into account possible reductions which would be granted by the Salesman on the site sebastiendelautier.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transportation and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice shall be issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the sebastiendelautier.com website the Products he/she wishes to order, according to the following modalities:
Selection of a photo
Selection of the associated products
Choice of personalization parameters
Add to the basket
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the sebastiendelautier.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the evolution of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: delautierphotography@gmail.com. This will be effective within a reasonable time.
In case of non-compliance with the general conditions of sale and / or use, the site sebastiendelautier.com will have the possibility to suspend or close the account of a customer after notice sent by electronic means and remained without effect.
Any deletion of account, whatever the reason, engenders the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of the present general conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
payment by credit card (Stripe)
or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when the order is placed)
or payment by Paypal
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in banking transactions carried out on the sebastiendelautier.com site.
Payments made by the Customer shall be considered final only after the Seller has effectively collected the sums due.
The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones:
World.
Deliveries are made within 2 weeks to the address indicated by the Customer when ordering on the website.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 2 weeks after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.
When the Customer has himself/herself chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 2 days, the maximum period as from the delivery, to formulate complaints by email, accompanied by all the related documents (photos in particular). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
Due to the nature of the Products sold, which are completely personalized, the orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer according to the terms and conditions specified in these GTC.
ARTICLE 8 - Responsibility of the Seller - Guarantees
The Products supplied by the Seller benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.
Reimbursements, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 90 days following the Seller's finding of the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Salesman could not be committed in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the sebastiendelautier.com website are the following
Account opening
When creating a Customer/user account:
Names, first names, postal address, telephone number and e-mail address.
Payment
When paying for Products offered on the sebastiendelautier.com website, the latter records financial data relating to the Customer's bank account or credit card.
9.2 Recipients of personal data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractors is (are):
Transport providers
The providers of payment establishments
Photo laboratories
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the sebastiendelautier.com website have the following rights:
They can update or delete the data concerning them in the following way:
By logging into their account or by making a deletion request by email.
They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
They may also request the portability of data held by the Seller to another service provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The person in charge of processing must give a reply within a maximum of one month.
In case of refusal to grant the Customer's request, this must be motivated.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property relating to the website
The content of the sebastiendelautier.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - Intellectual property relating to photo prints
The purchaser of an original work is not invested by the fact of this acquisition of any of the attributes of the intellectual property. Therefore, no reproduction or distribution of the print for which the invoice states the sale is authorized without the prior agreement of the author (Art. L111-3 of the Intellectual Property Code).
ARTICLE 12 - Transfer of broadcasting rights
The Seller is the sole owner of the intellectual property rights on the transferred works.
In accordance with article L111-3 of the Intellectual Property Code, the possession of the medium of a work (in this case digital media) does not, as such, confer intellectual property rights. The reproduction rights of the Transferee (Customer) are therefore strictly limited and listed in the present article.
In accordance with the provisions of the Intellectual Property Code, and more precisely of article L131-1, any transfer of rights, in order to be validly concluded, must be limited as to the media of use, the duration and the territorial scope.
The purpose of this transfer of broadcasting rights is to authorize the Customer (the assignee of the rights) to use the works identified in the order within the limits agreed upon at the time of the order and as listed on the invoice corresponding to the order (in particular, type of broadcasting, type of medium, size of the image, destination, geographical scope, number of media, duration of use, etc.)
This transfer excludes any use of the photographs for purposes other than those mentioned on the invoice.
The transfer of rights is granted for a period as specified on the invoice. The lack of use of the works by the Customer does not extend the duration of the transfer. At the end of the agreed period, the Customer shall cease all use of the works or shall spontaneously approach the Seller to negotiate an extension of the term of the assignment.
Furthermore, the Assignee (Customer):
Will not modify the work transferred
Shall include the words "Photo © Sébastien Delautier - www.sebastiendelautier.com" near each reproduction or use of the work transferred, in a font size equivalent to that of the presentation texts on the visuals
If he integrates it in another creation, he commits himself not to modify it
Is forbidden to transfer to third parties works that are the subject of this agreement, for any reason whatsoever and on any medium whatsoever
Undertakes to inform the person chosen by him (graphic designer, webmaster, etc.) of the obligation to respect the intellectual property rights of the Photographer. The Client will be personally responsible for any violations by the intervening party if he is unable to demonstrate that he has provided the necessary information.
The Customer acknowledges that the images selected by him in the context of his order are not subject to exclusivity.
As such, the Seller may make unrestricted use of them with other Customers (promotion, transfer of reproduction rights, sale of art prints, ...)
The Customer is informed that the rules of French law concerning image rights may prohibit him, in certain circumstances and for certain purposes (in particular commercial), from distributing images representing recognizable persons without the consent of the latter.
The Customer and the Seller agree that the photographs selected in the order do not show recognizable persons. Therefore, no agreement is required.
The transferee Customer shall declare and pay to the Urssaf the following contributions (rates in force in 2022):
- Social security contributions (1% of the gross amount before tax)
- Contribution to professional training (0.10% of the gross amount before tax)
The following are excluded from this contribution scheme
natural or legal persons who remunerate a third party for an artistic work; and not the artist or his beneficiaries (e.g.: purchase of a work from a gallery);
companies residing abroad (outside France);
individuals who pay a fee for an artistic work and keep it for their personal use;
artists who pay a fee to a colleague.
Information and steps to be taken by the diffuser:
https://www.urssaf.fr/portail/home/espaces-dedies/artistes-auteurs-diffuseurs-comm/vous-etes-diffuseur.html
ARTICLE 13 - Applicable law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 14 - Litigation
For any complaint, please contact the customer service department at the postal or e-mail address of the Vendor indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the designated mediator is
CM2C
14 rue saint Jean 75017 Paris
https://www.cm2c.net/declarer-un-litige.php
The Customer is also informed that he may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
Failing this, and depending on the subject matter of the dispute, the competent courts are hereby designated by the parties, namely
- For any dispute relating to intellectual property, and in accordance with Decrees No. 2009-1204 of October 9, 2009 and No. 2010-1369 of November 12, 2010 amending the Code of Judicial Organization and Decree No. 2009-1205 of October 9, 2009, also amending the Code of Intellectual Property, one of the courts designated by these decrees or any court that an amending law would designate;
- For any other dispute, the Court of the place of the Seller's headquarters (France, Toulouse, 31).