|Terms and Conditions|
GENERAL CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter the "CGV") are proposed by Luc BOUVIER own name, company registered to the RCS of charters under the number 411146434, whose registered office is located at 55, Rue de la Pastourelle - 40600 Biscarrosse (hereinafter "Luc BOUVIER").
The following shall be designated:
"Site" means the site www.french-camera.com and all its pages.
The user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these CGV carefully, to print them and/or to save them on a durable medium, before making an order on the Site.
The Customer acknowledges that he has read the CGV and accepts them in full and without reservation.
Article 1 - Application of the CGV and purpose of the Site
The Seller reserves the right to modify the CGV at any time by publishing a new version of the latter on the Site. The CGV applicable to the Customer are those in force on the day of his order on the Site.
This Site offers the online sale of Used Photo Material and Collection.
The Site is freely accessible to any Customer. The acquisition of a Product or Service presupposes acceptance by the Customer of the entirety of these CGV, which likewise acknowledges that it has become fully aware of them. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the acceptance sentence of the present CGV, having for example the statement "I acknowledge having read and accepted all the terms and conditions of the Site." Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
The acceptance of present CGV assumes on behalf of the Clients that they enjoy the necessary legal capacity for it. If the Client is a minor or does not have this legal capacity, he declares that he has the permission of a guardian, a curator or his legal representative.
The Customer recognizes the value of proof of the Seller's automatic registration systems and, except for the Seller to furnish proof to the contrary, he renounces to challenge them in case of dispute.
Article 2 - Creation of a customer account
The creation of a "customer account" is an indispensable prerequisite for any order of the Customer on this Site. To this end, the Customer will be asked to provide a certain number of personal information such as his first and last name, email address, postal address and telephone number, this list being not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the accuracy, accuracy and relevance of the data provided.
The Client registered with the Site has the possibility of accessing it by logging in through his identifiers (email address defined during his registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is fully responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. In case of forgetfulness of password, the Customer has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in its "my account" section and the Customer therefore forbids to transmit it or communicate it to a third party. Otherwise, the Seller cannot be held liable for unauthorized access to a Customer's account.
The customer account allows the Customer to view all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller could not be held liable, this information having no probative value but merely an informative character. The pages relating to the customer account are freely printable by the Customer holding the account in question but in no way constitute proof, they are only of an informative nature intended to ensure an efficient management of his orders or contributions by the Customer.
Each Customer is free to close their account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened the present CGV (in particular and without this example being exhaustive, when the Customer has knowingly provided erroneous information, when registering and setting up his personal space) or any account that has been inactive for at least one year. This deletion will not be liable to constitute damage to the Customer who will not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility, for the Seller, to initiate legal proceedings against the Customer, when the facts have justified it.
Article 3 - Form of purchase of orders and description of the purchase process
The Products and Services offered are those listed in the catalogue published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller according to the descriptions provided by the supplier.
The photographs of the Products in the catalogue reflect a true and fair view of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the Physical Products.
Below we will define as "Basket" the intangible object grouping all the Products or Services selected by the Client of the Site for purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his "Basket" whose contents can be modified at any time.
Once the Customer considers that he has selected and added to his shopping cart all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his shopping cart by clicking on the button provided for this purpose. It will then be redirected to a summary page on which will be communicated to it the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these CGV and click on the validation button. The Customer will then be redirected to a page in which he must fill out the order form fields. In the latter case, he must provide a certain number of personal data relating to him, necessary for the ordering to proceed properly.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until the order is validated.
Once the Customer has completed the form, he will then be asked to make his payment with the means of payment listed in the section of these CGV relating to payments. After a few moments the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price of the order.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Prices and payment arrangements
Unless otherwise stated, the prices in the catalogue are prices in Euros net to be paid (VAT not applicable, according to Article 293B of the CGI) and excluding any participation in processing and shipping costs.
Luc BOUVIER reserves the right at any time to change his prices and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. However, the price listed in the catalogue on the day of the order will be the only applicable to the Customer.
The Customer may place an order on this Site and may make payment by cheque, bank card, transfer. Bank card payments are made through secure transactions provided by an online payment platform provider.
This Site has no access to any data relating to the means of payment of the Customer. Payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In the case of payment by cheque or bank transfer, the delivery periods defined in the article "Deliveries" of these CGV shall not begin to run until the date of actual receipt of the payment by the Seller, the latter being able to furnish proof thereof by any means. The availability of the Products is indicated on the Site, in the descriptive sheet of each Product.
Luc BOUVIER will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records shall be considered by the Parties as evidence of communications, orders, payments and transactions between the Parties.
Article 5 - Deliveries
The delivery costs will be indicated to the Customer before any payment and relate only to deliveries made worldwide without exclusion. For any other place of delivery, it will be up to the Customer to contact the Customer Service.
In case of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be unable to provide him with accurate information on the total amount of the fees relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a parcel at the time of delivery if he finds an anomaly concerning the delivery (damage, Missing product in relation to the delivery order, damaged parcels, Broken products...); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. In order to exercise its right of refusal, the Customer must open the damaged or defective parcel (s) in the presence of the carrier and have it take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the request to exercise the Customer's right of refusal.
If the Customer's parcel is returned to the Seller by Post or by other postal providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him for the action to be taken on his order. If the Customer has mistakenly refused the parcel, he may request the return of the parcel by paying the postal fees for the new shipment beforehand. Postal fees will have to be paid even for orders whose shipping costs were offered at the time of the order.
In case of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows the withdrawal, according to article L.221-18 et seq. of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a mistake or mismanagement of the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or time indicated(e) to the Consumer Customer at the time of his order or, in the absence of an indication of date or time limit at the time of the order, more than thirty (30) days from the conclusion of the contract may result in the termination of the sale on the initiative of the Consumer Customer, on written request from him by registered letter with acknowledgement of receipt, if after having ordered the Seller to carry out the delivery he has not performed. The Consumer Customer will then be reimbursed, not later than fourteen (14) days after the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 - Right of withdrawal and withdrawal form
In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to withdraw. He will be required to return any Product not suitable to him and request the exchange or refund without penalty, with the exception of return fees, within fourteen days from the receipt by Luc BOUVIER of the refund request.
The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be addressed to Luc BOUVIER. It is understood that the Customer will bear the costs of return of the Product in case of withdrawal, as well as the cost of return of the Product if the Product, due to its nature, cannot normally be returned by the Post Office.
If the previous obligations are not fulfilled, the Customer will forfeit his right of withdrawal and the Product will be returned to him at his expense.
It is recommended that the Customer make the return with a solution allowing a follow-up of the package. Otherwise, if the returned parcel did not reach the Seller, it will not be possible to launch a survey with the postal services in order to ask them to locate the latter.
The refund will be made using the same method of payment as that chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for the Seller to use another method of payment, and to the extent that the refund does not entail any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or until the Customer has demonstrated that he has shipped the Product, if such a demonstration has not taken place previously.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be liable.
In accordance with Article L221-5 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Luke BOUVIER proper name, 55, Rue de la Pastourelle - 40600 Biscarrosse
I/we (*) hereby notify (*) my/our (*) withdrawal of the contract for the sale of the goods (* )/for the provision of services (*) below:
Ordered on (* )/received on (*):
Name of Customer (s):
Address of Customer (s):
Signature of the Customer (s) (only in case of notification of this form on paper):
(*) Delete where not applicable.
Legal provisions to be reproduced
When acting as a legal guarantee of conformity, the consumer shall have a period of two years from the issue of the goods to act; he may choose between repairing or replacing the property, subject to the cost conditions laid down in article L.217-9 of the Consumer Code; except in the case of second-hand goods, proof of the non-conformity of the goods shall be waived for a period of six months after the issue of the goods, extended to 24 months from 18 March 2016.
The legal guarantee of compliance shall apply independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; if this guarantee is implemented, the purchaser has the choice between resolving the sale or reducing the sale price in accordance with article 1644 of the Civil Code. It has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the statute of limitations may not have the effect of extending the period of extinguishing the statute of limitations beyond 20 years from the date of birth of the right in accordance with article 2232 of the Civil Code.
Legal guarantee of compliance
According to articles L.217-4 et seq. of the Consumer Code, the Seller is obliged to deliver a good in accordance with the contract concluded with the Consumer Customer and to answer for defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product. However, where the defect occurred within 24 months of that date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the Consumer Code, "the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity."
On the other hand, after this period of 24 months (or 6 months if the order took place before 18 March 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.
According to article L.217-9 of the Consumer Code: "in case of non-conformity the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer's choice if that choice entails a cost which is manifestly disproportionate to the other modality, taking into account the value of the property or the size of the defect. He shall then proceed, unless impossible, in accordance with the procedure not chosen by the purchaser. "
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example)and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it is intended, or reduce that use to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price had he known of the defect).
Complaints, requests for exchange or refund for a non-compliant Product must be made by post or by mail at the addresses indicated in the legal mentions of the site.
In case of non-conformity of a delivered Product, it may be returned to the Seller who will make its exchange. In case of impossibility of exchange of the Product (obsolete Product, stock break, etc.) the Customer will be reimbursed by cheque or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the costs of sending the Product back) are then borne by the Seller.
The Products provided by the Seller on this Site benefit, in addition to the legal guarantee which is, where applicable, always applicable to them, from an additional commercial guarantee, under the following conditions:
Article 8 - Customer Service
The customer service of this Site is accessible by e-mail at the following address: Contact@french-camera.com or by post at the address indicated in the legal notices.
Luc BOUVIER also provides Customers with a hotline, or hotline, to answer their questions. Telephone assistance can be contacted by telephone at 0607487877 (non-surcharge number).
Article 9 - Liability
The Luc BOUVIER Seller cannot be held liable for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With respect to the Products purchased, the Seller shall not incur any liability for any indirect damage as a result of the present, operating loss, loss of profit, damage or costs, which may occur.
The choice and purchase of a Product or Service is the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular because of the incompatibility of the material shall not give rise to any compensation, refund or challenge of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows the withdrawal, according to article L 221-18 et seq. of the Consumer Code.
The Customer expressly agrees to use the Site at his own risk and under his sole responsibility. The Site provides the Customer with information as an indication, with possible imperfections, errors, omissions, inaccuracies and other ambivalences. In any event, Luc BOUVIER cannot under any circumstances be held responsible for:
of any direct or indirect damage, notably as regards losses of benefits, lack to be earned, the losses of customers, of data possible between others result from the use of the Site, or unlike the impossibility of its use;
The photographs and visuals of the Products presented on the Site have no contractual character, so the Seller cannot be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.
Article 10 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this listing being limiting, is strictly prohibited and is similar to counterfeiting.
Any Customer who is guilty of infringement would be liable to have his account deleted without notice or compensation and without such deletion being capable of constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.
The trademarks and logos contained in the Site may be filed by Luc BOUVIER, or possibly by one of its partners. Any person who performs their performances, reproductions, interweaves, broadcasts and rebroadcasts shall be liable to the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 11 - Independence from clauses
If a provision of the CGV is deemed unlawful, null or for any other reason inapplicable, then that provision will be deemed divisible from the CGV and will not affect the validity and applicability of the remaining provisions.
These present CGV supersede any previous or contemporary written or oral agreements. The CGV are not marketable, transferable or sublicensable by the Customer himself.
A printed version of the CGV and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the CGV. The Parties agree that all correspondence relating to these CGV must be in the French language.
Article 12 - Applicable law and mediation
These CGV are governed by and subject to French law.
Except as provided by public policy, any disputes that may arise in the context of the execution of these CGV may be submitted to the Publisher of the Site for an amicable settlement before any legal action.
It is expressly recalled that requests for an amicable settlement do not suspend the time limits for bringing legal proceedings. Except as otherwise provided, of public order, any judicial action relating to the execution of present CGV will have to be subjected to the competence of jurisdiction of the spring of the place of the domicile of the defendant.
According to article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer ombudsman for the amicable resolution of the dispute between him and a professional. To this end, the trader shall guarantee to the consumer the effective use of a consumer mediation mechanism. "
As such Luc BOUVIER proposes to its Consumer Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
CONSUMER MEDIATOR AGREED - DEVIGNY MEDIATION
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.
All rights reserved - October 2, 2020