The general terms and conditions of sale detailed below (hereinafter “Terms and Conditions” or “T&Cs”) establish the contractual relationship between customers of the www.stephanemartinelli.com website (hereinafter “the Customer” or “You”) and Stéphane Martinelli, photographic artist registered with the AGESSA under number 428-524-672-00022, domiciled at 25, rue des Sorrières 92190 Meudon (hereinafter “Stéphane Martinelli” or “the Vendor”).
Article 1: General Services
The Vendor sells art prints and publications of his photography, each of which is signed and numbered (hereinafter the “Product” or “Products”).
These Terms and Conditions apply to all Product sales carried out via the website www.stephanemartinelli.com (hereinafter “the Website”).
The Vendor reserves the right to modify these T&Cs at any time via the publication of a new version on the Website. The applicable T&Cs are those which were displayed at the time payment was made for the order in question.
The Vendor shall ensure that the T&Cs have been fully understood and accepted by requiring the Customer to tick a box indicating this is the case before any purchase can be validated.
The Customer hereby declares they have read and understood the Terms and Conditions (and, where applicable, any additional Terms and Conditions pertaining to a particular product), and that they accept these T&Cs in full.
By placing an order via the Website, you agree that you have been provided with all the necessary information in order to ensure that the Product meets your needs.
You hereby declare that you are permitted to enter into a legal contract under the terms of French law, or that you are authorized to represent the legal or natural person on whose behalf the order is being placed. In the absence of evidence to the contrary, the information saved by the Vendor constitutes applicable evidence of all transactions.
Article 2: Products and Services
The essential characteristics and prices of the Products are available on the Website.
The Vendor hereby agrees to process your order provided that it does not exceed the maximum number of prints available for each Product (print numbers are indicated on the Product information notice). If the maximum number of available prints has been reached, you will be notified via the Website. Each product is individually numbered and hand-signed by Stéphane Martinelli on the lower right-hand corner of the print face.
You hereby agree that you have been informed of all delivery fees, as well as methods of payment, delivery and execution of the contract.
This contractual information is presented in detail in both French and English. In accordance with French law, the information is subject to a recap and confirmation before the order is validated.
Article 3: Prices
The prices of Products displayed on the Website are given in Euros (€) and are presented in their pre-tax form. Prices are detailed precisely on the individual product information page for each Product. Prices are also given in Euros with tax included (VAT + other applicable taxes) on the Product Order pages; these prices do not include shipping/delivery fees.
For all Products shipped outside the European Union and French Overseas Departments and Territories, prices are automatically displayed without tax on the invoice. In certain cases, customs rights and other local taxes, import fees or charges may apply. These fees or charges are not the responsibility of the Vendor. It is the responsibility of the Customer ensure these charges are met (tax returns, payment to relevant authorities, etc.). As such, the Vendor invites the Customer to seek information regarding any such taxes or charges with their relevant local authority.
The Vendor reserves the right to alter prices at any time in the future. Delivery fees are paid by the Customer unless otherwise stipulated in the product information pages.
Article 4: Entry into Online Contract
To place an order via the website, you must complete the following steps:
• Consult the product description page presenting the photograph (Product).
• Enter your customer information (identity, billing address, delivery address, etc.).
• Accept the Terms and Conditions of Sale,
• Verify the order details and, where necessary, correct any errors,
• Follow the payment instructions and pay for the Product(s).
You will then receive an order receipt confirming your order details, as well as an email receipt for your online payment.
In order to ensure orders are processed successfully and in accordance with Article 1316-1 of the French Civil Code (Code civil), the customer hereby agrees that the information they provide shall be true and accurate.
The Vendor reserves the right to refuse any order, e.g. orders deemed unusual, made under false pretences or for any illicit purpose.
Article 5: Delivery Details
Products will be delivered to the delivery address provided when the order is made.
Products will be delivered no later than 12 working days after the order is placed, except in cases of force majeure.
Customers will receive an email informing them that their order has been shipped. The invoice for the order will be provided in a separate email.
In the event of late delivery, the Customer may cancel their order in accordance with the conditions and procedures defined in Article L 138-2 of the French consumer code (Code de la consommation). The Vendor will then reimburse you for the cost of the Product and the delivery charges under the conditions defined in Article L 138-2 of the French consumer code (Code de la consommation).
Your order confirmation message will contain an email address via which you may contact the Vendor to track your order.
Customers are reminded that once they have undertaken physical possession of the Product(s), all liability for loss of or damage to the Product(s) is transferred to them. Customers are advised to notify the transporter should they have any concerns about the delivered Product.
Article 6: Payment
Payment is required when the order is placed. You can pay by bank card or using your Paypal account. Secure online payments made via bank card are carried out via the Paypal website.
Your bank details will be encrypted. This data will not circulate openly on the internet and cannot be intercepted. Your bank details are not communicated to the Vendor.
Once the payment has been sent by the Customer, the transaction is immediately debited upon verification of the information provided. In accordance with Article L. 132-2 of the French Monetary and Financial Code (Code monétaire et financier), a payment made by card is irrevocable. By communicating your bank details during the purchase, you are authorising the Vendor to debit your card in the amount indicated. The Customer hereby confirms that they are the legal holder of the card being debited and that they are legally permitted to use said card. In the event of an error preventing the card from being debited, the sale is automatically void and the order is cancelled.
Article 7: Period of Withdrawal
In accordance with Article L. 121-20 of the French Consumer Code (Code de la consommation), the Customer has the right to a period of withdrawal, during which they may return a Product.
When an order is placed via the Website, the Customer has 15 calendar days in which to submit an order return request. To do so, the Customer should send an email to email@example.com, after which the Vendor will contact the Customer in order to explain the return procedure and provide the return address.
Products which are returned without their complete original packaging, or which have been damaged or tarnished by the Customer, will not be accepted.
When the returned Product has been received intact, the Vendor shall reimburse the Customer for the Product via cheque, excluding the delivery fee and cost of returning the product, both of which remain the responsibility of the Customer.
Article 8: Guarantees
In accordance with legal requirements pertaining to product compliance and hidden defects, the Vendor shall provide a refund or exchange any Product which is defective or which does not match the order specifications. Please indicate the nature of the defect or non-compliance by sending an email to firstname.lastname@example.org, upon receipt of which the Vendor will contact you to arrange an exchange or a refund. The Vendor will also reimburse you for the cost of returning the defective or non-compliant Product.
Article 9: Complaints
If you are unsatisfied with a Product of service, you can issue a complaint by sending an email to email@example.com.
Article 10: Protection of Personal Data
In accordance with the French Loi Informatique et Libertés, enacted on January 6th 1978, you have the right to request, access, modify, remove and correct any personal data that pertains to you.
By agreeing to these Terms and Conditions, you agree that the Vendor may collect and use this data in order to create the contract of sale.
The use of personal data on this site has been declared to the CNIL.
Article 11: Intellectual Property Rights
As the creator of the photographs presented on the Website, Stéphane Martinelli remains the beneficiary of all royalties pertaining to these works. The rights of the Customer in regard to the Product purchased are therefore limited to the right to private usage by the Customer, and exclude all representation and reproduction rights.
Domain names, Products, images, videos, and texts are, and shall remain, the exclusive property of Stéphane Martinelli. These T&Cs do not represent any transferral of intellectual property rights whatsoever, and any reproduction, whole or partial, as well as any modification or use of these items for any reason is strictly prohibited.
Article 12: Ownership Reservation Clause
Products shall remain the property of the Vendor until such time as payment has been received in full.
Article 13: Force majeure
The obligations of the Vendor are suspended in the event of unforeseen circumstances or force majeure preventing the Vendor from carrying out said obligations. The Vendor shall advise the Customer as soon as possible as and when such an event has occurred.
Article 14: Contract Cancellation or Modification
Should one of the conditions of this contract be cancelled, this does not indicate that the remaining conditions are also cancelled; other conditions shall remain contractually valid between the two parties. The validity of any modification made to this contract is subject to a written agreement signed by both parties.
Article 15: Applicable Law
All clauses appearing in these T&Cs, as well as all purchasing and sales procedures described herein, are subject to French law.
I would like to thank the http://www.donneespersonnelles.fr website for providing the freely-available template which was used to compose these Terms and Conditions.
December 7th, 2016: Initial version