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Fotocollector : Books and Photographs
General sales conditions
The present sales conditions concern legal operations for products for sale to clients of Fotocollector's online store.
Words or expressions used in the present sales conditions mean :
Web store : refers to Fotocollector's web site where products are on display and sold to clients.
Order : means the sale contract between Fotocollector and its web site clients.
Product details : means listed information regarding a product provided by Fotocollector during the sale of the product in question from its online store.
Products : means any items sold by Fotocollector from its online store.
Transaction : means all operations, secured processing, authorizations and agreements pertaining to the payment of the valued products which have been ordered by bank card.
ARTICLE 1 - OBJECTIVE
The purpose of the present general sales conditions is to define the terms and conditions by which Fotocollector proposes and sells products to its clients. These general conditions prevail over all other conditions in any other document, unless otherwise previously specified in writing. These general sales conditions may change. In case of any modification, the applicable conditions are the ones in effect at the date of the order.
ARTICLE 2 - ACCEPTANCE OF CONDITIONS
The client understands to have recognized the present sales conditions during the order and expressly states to entirely and irrevocably adhere to said sales conditions. The present general sales conditions govern the contractual relation between Fotocollector and its clients, the two parties accepting them without reserve.
ARTICLE 3 - PRODUCTS
Most of the products proposed by Fotocollector to its clients are immediately available. However, despite the best intentions and care on the part of Fotocollector to satisfy its clients, products for sale online may become unavailable.
ARTICLE 4 - ORDER
Orders can be made by email, phone or mail, the client specifing his name and shipping address. Only individuals who are legally able to bind themselves by contract adhering to French law are allowed to place an order. French is considered as the official language of the contract, superseding any translation which may be provided for information only.
Systems of automatic registration are considered as valid proof in regard to the nature, content and date of order.
Orders are processed in the order they have been received.
Upon receipt of the order request, Fotocollector emails the customer the availability of the books or photographs, as well as the total amount of his bill including postage and packing, and possible bank fees.
Products are held for fifteen days. After the deadline, there are put back on the market.
Upon receipt of payment, shipment is made by Colissimo (sent certified mail starting at € 60). Our packaging guarantees the best security and protective conditions. Parcel posts are sent at the adressee's own risk.
Fotocollector reserves the right to refuse or to cancel any order from a customer, especially :
- in case of insolvency from the client in question
- in case of non-payment pertaining the order
- following a case of non-payment from a previous shipment
- following a contention related to the payment of a previous shipment.
Any informations provided by the client during the collecting of data pertaining to his order engages liability on his part.
Fotocollector cannot be held responsible for any mistake made by the client in his specifications relating to the name, address and phone number of the recipient (shipping address, billing address).
Fotocollector cannot be held responsible for shipping delays or the impossibility of delivering the products ordered resulting from mistakes imputable to the client.
ARTICLE 5 - SHIPPING
After order confirmation and under condition of full payment of the value of the products ordered, Fotocollector commits itself to send customers the products ordered at the shipping address indicated within 10 business days, exept in cases of absolute necessity.
If need be, the client is committed to pay upon delivery all customs duties, and present and future taxes related to the shipment of the said products. This in due respect of the legislation in effect in the country where products are shipped. Fotocollector's liability cannot be applied in this situation at any time.
Shipment is taken care of by La Poste, French post office, (tracked mail or Colissimo) at our discretion.
Possible shipping delays attributed to the carrier do not give the client the right to ask Fotocollector for any damages.
The products ordered are shipped at the recipient's own risk. Once the products ordered are received, the client or recipient must check the conformity of th shipped item. In the event that one or many products ordered are missing or damaged, the client or recipient must indicate his reservations on the delivery slip.
In case of apparent defects, the client is granted the right to return the items under the conditions applied in article 6 pertaining to the General Conditions of Sales.
The following are considered as cases of absolute necessity releasing Fotocollector from its obligation to ship : war, riot, fire, strikes, natural disaster, accidents and the impossibility of supplying the product ordered.
If some of the items in an order are not available, several shipments to the same client may be made.
In the event that the client would like the products ordered to be shipped to two different addresses, it is preferable the latter place two separate orders.
ARTICLE 6 - WITHDRAWAL
The client has seven days from the reception ordered to return said products to Fotocollector for an exchange, if possible, or for a reimbursement. In this case, the client must return the products intact, and perfectly clean, in their original package, accompanied by invoice(s) to the following address:
35760 St Grégoire
In case of use of the right of retractation, Fotocollector commits itself to reimburse the amount paid by the client, free from charge, exept shipping costs which remain the client's responsibility.
Reimbursement is due within 30 days.
ARTICLE 7 - PRICE
The price is stated in euros.
The price displayed on the product forms does not include shipping fees.
The price displayed on the confirmation of the order is the final price given, all taxes included. This price includes the price of the products, processing, wrapping service and product preservation fees, and shipment fees.
Possible customs and bank fees (exchange rate for instance) are the client's responsibility.
ARTICLE 8 - PAYMENT
The product price billed to the client is the price displayed on the order confirmation provided by Fotocollector.
The product price is payable by one of the means of payement proposed on the site on the day of the effective order.
Products remains the property of Fotocollector until their complete payment.
Protection relating to a fraudulent use of means of payment pertaining to the transaction, especially after a hacking attempt or regarding any possible payment disagreement on the price of an order, will be responsibility of the FIA-NET agency.
The order validated by the client will only be considered as effective once the secured bank payment services and the FIA-NET agency have given their consent on the transaction and, if need be, after acceptance of the FIA-NET insurance company to assume the risk.
In case method of payment is refused by secured bank services and the FIA-NET agency, the order will be automatically cancelled, and the client informed by email.
Information related to your order is the subject of an automatic treatment of data serviced by FIA-NET limited company. The purpose of this automatic treatment of data is to obtain a certain level of transaction evidence and to fight against bank card fraud.
FIA-NET limited company and the merchant where the client purchases are the consignees of the data relating to the order. The non-transmission of data concerning the client's order prevents the processing and the analysis of the transaction.
Any occurence of an unpaid item pertaining to fraudulent bank card usage would lead to data inscription, related to the order associated with any unpaid item within a default-in-payment file processed by FIA-NET SA. Any irregular declaration or anomaly can also be the subject of a specific processing.
In accordance with the French law on Computing and Freedom of January 6, 1978, the client benefits at any time from aright of access, rectification and opposition to all his personal data by writing and confirming his identity, to :
Service Informatique et Libertés
22 rue Drouot
ARTICLE 9 - APPLICABLE LAW
The present General Sales Conditions are subject to French law.
ARTICLE 10 - RESPONSIBILITY
Fotocollector cannot be held responsible for the non-processing or delay in the processing of his obligations in the case of any unexpected major event. According to the 1148 article of the Civil Code, the failure of tele communication networks or difficulties proper to external telecommunication networks are included in the field of application of this legal measure. In any case, Fotocollector cannot be held responsible for the non-respect of statutory and legislative measures opposable in the country of reception of the order. Particulary in the case where a particular prohibition or possible censorship would exist.
Fotocollector is not responsible for anything related to the use of ordered products.
The responsibility of Fotocollector will be, in any given situation, limited to the amount of the order determined at the time it was sold, and not held accountable for mere mistakes or omissions which may have remained, despite all the care in the presentation of the products. In case of any difficulties related to the application of the present contract, the client and Fotocollector will consider the possibility of reaching a friendly agreement, before any legal action.
ARTICLE 11 - WARRANTY
In any hypothesis, the client benefits from the legal warranty regarding eviction and latent defects provided in articles 1625 and following in the Civil Code.
The amount of the warranty is strictly limited to the product involved, determined at the time it was sold, and without any possibility of appeal.
Customer service can be contacted at the following address :
35760 St Grégoire
00 33 06829733333
Response time has been set at 48 hours.
ARTICLE 12 - LEGAL INFORMATION
Collecting required personal information for mail-order is compulsory. This type of information is necessary for the processing and shipping of orders and invoicing. Lack of information will lead to the non-validation of the order.
In accordance with French law on Computing and Freedom, the processing of customer personal information has been the subject of a declaration of the National Commission on Computing and Freedom.
The client benefits (article 34 of the law issued on January 6, 1978) from a right of access, rectification and suppression of data which concern him, that he can exert toward Store-Factory. Moreover, Fotocollector commits itself not to communicate, either for free or with compensation, the names and addresses of its clients to a third party.
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