Terms & Conditions (GTC)
Please notice that this is an approximate translation into English from the French terms and conditions. Only French law will be applied!
Between PhotoGranary, 850 av de Provence, 07500 Guilherand Granges, represented by Simon Lehmann, as owner, duly authorized for the purposes hereof. PhotoGranary can be reached by email by clicking on the contact form accessible via the site’s home page. Hereinafter the “Seller”.
On the one hand, and the natural or legal person making the purchase of products or services of the company, hereinafter, the “Buyer” or “Customer” On the other hand, the following has been agreed:
Seller is editor of photography products and services exclusively to consumers, marketed through its websites (www.photogranary.com). The list and description of goods and services offered by PhotoGranary can be found on the above websites.
Article 1 : Purpose
These Terms and Conditions determine the rights and obligations of the parties under the online sale of products offered by the Seller.
Article 2 : General provisions
These General Terms and Conditions (GTC) apply to all sales of products, made through the websites of PhotoGranary that are part of the Contract between the Buyer and Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable Terms are those then being in effect on the date of payment (or the first payment for multiple payments) of the order. These Terms are available on the website at the following address: terms & conditions. PhotoGranary also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Customer declares to be aware of all these Terms and Conditions, and if any of the Special Conditions of Sale relating to a product or service, and accept without restriction or reservation. Customer acknowledges that it has received the necessary information and advice to ensure the adequacy of the offer to its needs. The Customer states to be able to lawfully contract under French laws or validly represent the person or entity to which it undertakes. Unless proved otherwise the information recorded by PhotoGranary constitute proof of all transactions.
Article 3 : Price
Prices for products sold through Internet sites are in Euros excluding taxes and determined precisely on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or overseas territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights are not within the purview of the Seller. They will be borne by the buyer and it is responsible (statements, payment to the competent authorities, etc.). Seller invites in this respect the buyer to learn about these issues with the relevant local authorities. PhotoGranary reserves the right to change prices at any time in the future. Telecommunication costs required for access to Internet sites of PhotoGranary are in charge of the Customer. If necessary, also the cost of delivery.
Article 4 : Conclusion of the contract online
The Customer must follow a series of steps specific to each product offered by the Seller in order to realize his order. However, the steps outlined below are systematic: ➢ Information on essential characteristics of the product; ➢ Product Selection, if any of his options and indication of the essential data of the Customer (identification, address …); ➢ Acceptance of these Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correcting errors. ➢ Follow instructions for payment, and payment products. ➢ Supply of goods. The Customer will receive email confirmation of payment of the order, as well as the acknowledgment confirming receipt of the order. He will receive a copy .pdf of these terms of sale. For products delivered, the delivery will be made to the address specified by the Client. For the purposes of proper implementation of the order, and pursuant to Article 1316-1 of the Civil Code, the Customer undertakes to provide his truthful identifiers. The Seller reserves the right to refuse the order, for example to any abnormal demand, made in bad faith or for any legitimate reason.
Article 5 : Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the websites of PhotoGranary. The customer confirms having received the detailed delivery costs and the terms of payment, delivery and execution of the contract. The Seller agrees to fulfill the customer order within the limits of available stocks of products only. Otherwise, the Seller shall inform the Customer. These contractual information is presented in detail and in English and French. According to French law, they are subject to a summary and a confirmation upon confirmation of the order. The parties agree that the illustrations or photographs of the products offered for sale are not contractual. The validity of the offer of products and their prices specified on the websites of PhotoGranary and the minimum duration of contracts offered when they bear on a continuous or periodic supply of products or services. Except in special circumstances, the rights granted hereunder are only to physical person signing the order (or the holder of the release email address). In accordance with legal provisions on compliance and hidden defects, the Seller shall refund or exchange defective products or not corresponding to the order. The refund can be requested as follows: by email to firstname.lastname@example.org. The buyer must specify default and send a photo. Downloaded products (licenses) of the site are excluded from any repayment. In case of return the buyer returns the product to the address (email precision) by the seller. PhotoGranary then performs a refund of the product price and the costs of delivery or if desired makes a new product delivery (shipping costs paid by the seller).
Article 6 : retention of title clause
The products remain the property of PhotoGranary until full payment.
Article 7 : Methods of delivery
The products are delivered to the shipping address that was specified when ordering and the time indicated. This delay does not take into account the order preparation time. When the customer orders multiple products at the same time they may have different delivery times. In case of shipping delay the Seller informs the Customer as soon as possible by email of the progress and the eventual extension. In case of delayed delivery, the customer has the option to terminate the contract in the terms and conditions defined in Article L 138-2 of the Consumer Code. Seller will then reimburse the product and the cost to “go” in terms of Article L 138-3 of the Consumer Code. Seller recalls that when the customer hangs physical possession of the goods, the risk of loss or damage to the goods is transferred to him. It is the Customer to notify the carrier any reservations about the product delivered.
Article 8 : Availability and presentation
Orders will be processed within the limits of our available stocks and subject to availability from our suppliers. In case of unavailability of an article for a period longer than 7 working days, you will be immediately notified predictable delivery times and order of this article may be canceled on request. The customer can then request a credit for the amount of the item or refund.
Article 9 : Payment
Payment is due immediately with the order, including the products in pre-order. Customer can pay by Paypal or by credit card. Cards issued by banks outside France must be international credit cards (Mastercard or Visa). Secure online payment by Paypal or credit card is produced by our payment provider. The information transmitted is encrypted in the rules of art and can not be read in transit on the network (SSL). Once payment is made by the Client, the transaction is debited immediately after checking the information. Pursuant to Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given card is irrevocable. By providing bank details on the sale, the Customer authorizes the Seller to charge her card for the amount relating to the stated price. The Client confirms that he is the legal owner of the debit card and is legally entitled to use them. In case of error, or failure to charge the card, the sale is immediately canceled automatically and the order canceled.
Article 10 : Withdrawal period
Pursuant to Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen days to exercise his right of withdrawal without any reasons or pay penalties, except , where applicable, the cost of return. ” “The period mentioned in the preceding paragraph shall run from the receipt of the goods or acceptance of the offer for services.” The right of withdrawal may be exercised by contacting PhotoGranary as follows: email: email@example.com! Clients are advised that in accordance with Article L. 121-20-2 of the Consumer Code, the right of withdrawal may be exercised for downloaded products (licenses). In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and shipping costs will be reimbursed, the return costs are to the Customer. Returns of products are performed in their original condition and complete (packaging, accessories, manuals …) so that they can be relet to new; they should if possible be accompanied by a copy of the sales receipt. As required by law, you will find below the standard form of withdrawal to send us to the following address: 9 Rue F. Jungling, 57140 Woippy, France. Refund procedure: After the written request of withdrawal of our Client we make a refund to the Customer purchase account (Paypal or Paypal for Visa or Mastercard payment cards).
Article 11 : Guarantees
According to the law, the Seller assumes two guarantees: compliance and on the hidden product defects. Seller will reimburse the buyer or exchange the apparently defective products or not corresponding to the order placed. The refund request must be made as follows: by email to firstname.lastname@example.org. The buyer must specify default and send a photo. Downloaded products (licenses) of the site are excluded from any repayment. In case of return the buyer returns the product to the address (email precision) by the seller. PhotoGranary then performs a refund of the product price and the costs of delivery or if desired makes a new product delivery (shipping costs paid by the seller).
The Seller recalls: -that the consumer has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between the replacement and the repair of the property subject to the conditions laid down by the section of the Consumer Code, which appears to be defective or does not correspond – that it is exempt from proving the lack of conformity of the goods during the six months following the issuance of the goods. – that, except in the case of second-hand goods, this period shall be extended to 24 months from 18 March 2016 – that the consumer may also claim the latent defects in the goods sold within the meaning of Article 1641 of the Civil Code And, in this case, it can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the French Civil Code).
Article 12 : Complaints
If necessary, the Buyer may make any claim by contacting PhotoGranary using the following coordinates: email@example.com.
Article 13 : Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or generally any object of intellectual property rights information are and remain the exclusive property of the seller (with the exception of purchased licenses). No assignment of intellectual property rights is conducted through these Terms (with the exception of purchased licenses). Total or partial reproduction, modification or use of such property for any reason is strictly prohibited. For more information on licenses and restrictions check PhotoGranary licenses .
Article 14 : Force majeure
The implementation of the obligations of the seller to the term hereof shall be suspended upon the occurrence of a fortuitous event or force majeure that prevent the execution. The seller will inform the customer of the occurrence of such an event as soon as possible.
Article 15 : nullity and contract amendment
If any provision of this contract was canceled, this shall not result in the nullity of the other provisions that remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
Article 16 : Protection of personal data
Under the Data Protection Act of 6 January 1978, you have the question to, access, modification, opposition and correction of personal data. By adhering to these Terms and Conditions, you agree that we collect and use this data for the realization of this contract.
We do no longer track attendance at all of our sites due to the new European Data Protection Regulation (GDPR).
Article 17 : DISCLAIMER
It is stipulated a disclaimer of the Seller for the realization of the benefit to 500 euros.
Article 18 : Applicable law
All clauses in these general conditions of sale, and all purchases and sales contemplated therein, will be subject to French law.
“Our general conditions of sale have been developed from a free template which can be downloaded on the site www.donneespersonnelles.fr