Effective as of 15/11/2020
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (the "Terms and Conditions") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Seller on the website www.addictpictures.com. The Products offered for sale on the site are the following: art photographs.
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 website www.addictpictures.com, which the Customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
Offers of Products are subject to available stocks, as specified at the time the order is placed.
These T&Cs are accessible at any time on www.addictpictures.com and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the website www.addictpictures.com.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The coordinates of the Seller are as follows:
Jonard Frédéric
6 rue Emile Zola 58000 Nevers
Email : fred.jonard@orange.fr
Phone: +33671074598
The Products presented on the website www.addictpictures.com are offered for sale in the following territories: Europe.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the site www.addictpictures.com, at the time of the registration of the order by the Vendor.
Prices are in Euros, all charges included. The prices take into account possible reductions which would be granted by the Seller on the website www.addictpictures.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the website www.addictpictures.com the Products he wishes to order, according to the following terms and conditions: browsing on the website, choosing a photograph, adding it to the cart and ordering it.
Product offers 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 up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the site www.addictpictures.com constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
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 will be able to 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 so, he must register by filling out the form that will be offered at the time of his order and undertakes to provide true and accurate information about his marital 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 any disclosure thereof. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@addictpictures.com. This will be effective within a reasonable period of time.
In case of non-compliance with the general conditions of sale and / or use, the site www.addictpictures.com will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained ineffective.
Any account deletion, for any reason whatsoever, will result in the outright 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 involves the acceptance of these 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.
The price is payable cash by the Customer in full on the day the order is placed.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider for banking transactions carried out on the www.addictpictures.com website.
Payments made by the Customer shall not be considered final until the Seller has effectively collected the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer 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 zone(s): Europe.
Deliveries are made within one week to the address indicated by the Customer when ordering on the site.
Delivery is the transfer of physical possession or control of the Product to the Customer. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within one week after the indicative delivery date, for any other reason than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. He has a period of 8 days from delivery to make claims by e-mail or telephone, accompanied by all the relevant evidence (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these Terms and Conditions of Sale.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer has itself 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 Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25."
The period referred to in the first paragraph shall run from the day :
1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods over a defined period of time, the period runs from receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the willingness to withdraw and in particular by mail addressed to the Seller at the postal address or email indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to remarket them in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The costs of return are to be borne by the Customer.
The exchange (subject to availability) or refund shall be made within 14 (fourteen) days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this Article.
ARTICLE 8 - Liability of the Seller - Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for Products that are defective, damaged 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 liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility. »
Article L217-5 of the Consumer Code
"The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar property and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code.
"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, 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 purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention."
In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or mail), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall reimburse, replace or repair Products or parts under warranty that are found to be nonconforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and no later than 30 (thirty) days following the Seller's discovery of the lack of conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The Seller shall not be held liable in the following cases: failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check, and in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event 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 Seller's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.
ARTICLE 9 - Personal data
The Customer is informed that the collection of its personal data is necessary for the sale of the Products by the Seller and their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.addictpictures.com are as follows:
- Opening an account
- During the creation of the Client / user account: surnames, first names, postal address, telephone number and e-mail address.
- Payment
Within the framework of the payment of the Products offered on the site www.addictpictures.com, the latter records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are) :
- Transport service providers
- Providers payment institutions
9.3 Data controller
The person responsible for data processing is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data. He can be contacted by email: contact@addictpictures.com
9.4 Limitation of treatment
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and Confidentiality
Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and Seller cannot guarantee the security of information transmission or storage over the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the website www.addictpictures.com have the following rights:
- They can update or delete the data concerning them by sending a request by email to contact@addictpictures.com or directly on the management interface of their user account.
- They may delete their account by writing to the e-mail address indicated in Article 9.3 "Data controller".
- They may exercise their right of access to know their personal data 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 portability of data held by the Seller to another provider.
- Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.
The data controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, the Customer must give reasons.
The Customer is informed that in the event of refusal, he may file 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 it agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the site www.addictpictures.com is the property of the Vendor 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 prohibited and is likely to constitute an offence of counterfeiting.
ARTICLE 11 - Droit applicable - Langue
The present GTC and the operations resulting from them are governed by and subject to French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any claim, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these Terms and Conditions of Sale.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is _______________ _______________ _______________ _______________ _______________
E-mail : _______________.
The Customer is also informed that he or she may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes to which the purchase and sale operations concluded in application of the present GCS and which would not have been the subject of an amicable settlement between the Seller and the Customer or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
Widthdrawal form
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.addictpictures.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of Frédéric Jonard, 6 rue Emile Zola, 58000 Nevers, France.
I hereby give notice of withdrawal from the contract for the property below:
- Order from (indicate date)
- Order number: ...........................................................
- Client Name : ..................... .............................. ........................
– Client's Adresse : …………………………………………………………..
Client's signature (only in case of notification of this form on paper)