Terms of Sales (translation)
This (machine) translation is provided to you as is for your convenience. Important note: only the original version written in French is legally binding.
Article 1: object
The general conditions of sale described below detail the rights and obligations of the company Frédéric JONCOUR hereinafter referred to as the seller and its customers in the context of the sale of the following goods: Digital files for office automation and desktop publishing, files illustrative photographs, art photographs taken under the control of the author, signed, numbered and limited to 30 copies in all formats and supports.
Any service performed by the company Frédéric JONCOUR implies the buyer's full acceptance of these general conditions of sale.
Article 2: Presentation of products
The characteristics of the products offered for sale are presented in the "Catalog" section of our site. The photographs do not enter the contractual field. The responsibility of Frédéric JONCOUR cannot be engaged if errors are introduced. All the texts and images presented on the Frédéric JONCOUR company website are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. Excluded from the provisions of this article, products sold under a GNU / GPL Free license.
Article 3: Period of validity of sales offers
The products are offered for sale while stocks last. In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability, as soon as possible, by email or by post.
Article 4: Product prices
The "Catalog" section of our site indicates the prices in euros all taxes included, excluding shipping costs. The amount of VAT is specified during the selection of a product by the customer and the shipping costs appear on the screen at the end of the selection of the various products by the customer.
Frédéric JONCOUR reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in force when the order is registered.
The proposed prices include discounts and rebates that the company Frédéric JONCOUR would have to grant given its results or the assumption by the buyer of certain services.
No discount will be granted in the event of early payment.
Article 5: Order
The customer validates his order when he activates the link "Confirm your order" at the bottom of the "Summary of your order" page after accepting these terms and conditions. Before this validation, it is systematically offered to the customer to check each of the elements of his order; he can thus correct any errors.
Frédéric JONCOUR confirms the order by email; this information includes in particular all the elements of the order and the customer's right of withdrawal.
The data recorded by the company Frédéric JONCOUR constitute proof of the nature, content and date of the order. This is archived by Frédéric JONCOUR under the legal conditions and deadlines; the customer can access this archive by contacting the Customer Relations department.
Article 6: Terms of payment
Payment for orders is made by PayPal or credit card. When registering the order, the buyer must pay the full amount of the invoice.
Article 7: withdrawal period
The Buyer has a period of fourteen clear days, from the receipt of the products, to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of costs back. If the period of fourteen days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day.
In the event of the exercise of the right of withdrawal, the company shall reimburse the Buyer for all of the sums paid, as soon as possible and at the latest within thirty days of the date on which this right was exercised. A lump sum of € 15.00 to € 40.00 may be retained if the returned merchandise is incomplete, damaged, chipped or soiled. Are excluded from this article and in accordance with article Art. L. 121-21-8 paragraph 9 of the consumer code, digital files.
Article 8: Late payment
(clause applicable to professionals)
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Frédéric JONCOUR a late payment penalty equal to one and a half times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount before tax of the amount remaining due, and runs from the date of expiration of the price without any prior notice being necessary.
In accordance with articles 441-6 c. com. and D. 441-5 c. com., any delay in payment automatically entails, in addition to the late penalties, an obligation for the debtor to pay a lump sum of € 40.00 for collection costs.
Additional compensation may be claimed, on supporting documents, when the recovery costs incurred exceed the amount of the lump sum compensation.
Article 9: Reserve of properties
The transferred goods are deemed to be the full property of Frédéric JONCOUR until their full payment by the buyer, notwithstanding the deposits paid.
Article 10: Reproduction rights
- The photographic art prints delivered are subject to copyright and are sold for private use. Public exhibition, dissemination whatever the channel, reproduction on any media, transfer of rights in any form whatsoever, is prohibited without the written authorization of the author and without the payment of a law ;
- The digital files delivered (office automation and desktop publishing) are sold as is and cannot be the subject of any transfer of rights to a third party without the written authorization of Frédéric JONCOUR and the payment of a new right;
- The digital photo files from the photo library are sold for internal use to meet the needs of the sponsor or intended for the client on whose behalf they were acquired (communications professional acting as an intermediary). All the details concerning the conditions of use of the photographs are gathered in the document "Transfer of photographic rights" attached to each of the photo files in the "DOCUMENTS" tab.
Article 11: Delivery
All products are delivered without warranty as to time, with the exception of deliveries to individuals. The delivery deadline varies according to their address. It is fixed, for an address in mainland France, on the day of payment + 8 days and, for other destinations, on the day of payment + 1 month. Regarding digital files for download, they are available immediately after payment or at the latest within 48 hours.
Article 12: Customer relations - After-sales service
For any information, question or complaint, the customer can contact Monday to Friday, from 9 a.m. to 6 p.m. at the Customer Relations department of Frédéric JONCOUR.
Address: 52 rue Jeanne d´Arc 83 660 CARNOULES
Article 13: Confidentiality
In accordance with the provisions of the Data Protection Act of January 6, 1978, you have the right to access, modify, rectify and delete any personal information about you that is kept by Frédéric Joncour Photographe. Frédéric Joncour Photographe guarantees the strictly internal use of this information. The use of your contact details with partners or providers cannot be done without the express agreement of the parties concerned.
Article 14: Disputes
The present contract is regulated by French law. Any disputes that may arise between the parties during the interpretation and / or execution of this contract will be submitted, in the absence of an amicable agreement, to the Courts of places admitted by law. If authorized by law, the Courts of Toulon will have priority.