Definitions.
Seller: Mr. Arnaud Fonquerne Email: hello [at] arnaudfonquerne.com
Site: The seller’s website where customers can place orders for products.
Product: All the products that the seller can sell on their site, including photo prints, digital files, videos, books, agendas, calendars, posters, etc.
Order: An order for products placed by the customer on the seller’s site.
Characteristics.
These general terms and conditions of sale apply to all product orders sold by the seller on their site. The general terms and conditions of sale are available on the site and must be accepted by the customer before placing any order. They apply in their entirety to any order placed on the seller’s site by customers in France or abroad, regardless of the place of execution and/or delivery. The seller and the customer agree that these general terms and conditions of sale exclusively govern their relationship.
Order.
The customer can place their order online using the form provided. To validate the order, the customer must accept these general terms and conditions of sale by clicking in the indicated place. They must also choose the address and delivery method, and finally confirm the payment method. Any order on the site implies an obligation to pay and constitutes acceptance of the prices and descriptions of the products available for sale. In certain cases, such as non-payment, an incorrect address, or other issues with the customer’s account, the seller reserves the right to block the customer’s order until the problem is resolved. In case of unavailability of the ordered product, the customer will be informed by email. The cancellation of the order for this product and any potential refund will then be processed. For any questions related to order tracking, the customer must send an email to: hello [at] arnaudfonquerne.com
Information about Products.
The products covered by these general terms and conditions of sale are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered within the limits of available stock. The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible. Photographs of the products are not contractual.
Prices.
The seller reserves the right to revise prices at any time but commits to apply the prices in effect as indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not include delivery charges, which are billed separately and indicated before order validation. Prices include the applicable VAT on the day of the order. Payment of the total price must be made at the time of the order. At no time can the sums paid be considered as deposits or advances.
Payment Methods.
Payment is made online through a secure payment system. The seller does not collect your banking data and has chosen well-known banking institutions that ensure sufficient security. You can pay by credit card. The seller reserves the right to suspend any order processing and delivery in case of a refusal of payment authorization by official accrediting bodies or in the event of non-payment. The seller reserves the right, in particular, to refuse to make a delivery or fulfill an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Product Availability – Refund.
Except in cases of force majeure or during the periods of closure of the online store, which will be clearly announced on the homepage of the site, the delivery times will be as indicated below. The delivery times run from the date of registration of the order as indicated in the order confirmation email. For deliveries in mainland France, the delivery time is fifteen (15) working days. For international deliveries, the delivery time is twenty (20) working days. In the event of non-compliance with the contractual deadlines, the buyer may terminate the contract by registered letter with acknowledgment of receipt. In this case, the seller is required to reimburse the customer for the full amount paid no later than fourteen (14) days after the date on which the contract was terminated. In the event of unavailability of the ordered product, the customer will be informed as soon as possible and will have the option to cancel the order. The customer will then have the choice to request either a refund of the amounts paid or the exchange of the product.
Delivery Terms.
Delivery is only made after confirmation of payment by the seller’s bank. No deliveries are made to post office boxes. Products are delivered to the address provided by the buyer when placing the order. The customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer’s expense. If the customer is absent on the day of delivery, the courier will leave a delivery notice in the mailbox, allowing the customer to collect the package at the location and within the specified period. If, at the time of delivery, the original packaging is damaged, torn, or open, the customer must check the condition of the items in the presence of the courier. If they have been damaged, the customer must absolutely refuse the package and make written, precise, and detailed reservations on the delivery note. This check is considered to be carried out as soon as the customer, or a person authorized by them, has signed the delivery note. The customer must then confirm these reservations to the carrier by registered letter no later than three (3) working days following receipt of the item(s) and send a copy of this letter by fax, email, or regular mail to the seller. The seller undertakes to deliver photographs that are compliant with the customer’s order (quantity, development type, format) and of high quality. The electronic delivery of digital files is not protected or encrypted. The customer acknowledges being fully informed and expressly agrees to download the images at their own risk.
Complaints.
The customer must report any non-compliance or defects in the products in terms of nature or quality to the seller. Complaints can be made by contacting: hello [at] arnofonk.net In the case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by recommended mail. Return costs are borne by the seller.
Product Warranty.
In accordance with the provisions of the legal warranties of conformity (Articles L211-4 and following of the Consumer Code) and hidden defects (Articles 1641 and following of the Civil Code) detailed in Appendix 1, non-compliant or defective products will be refunded or exchanged. The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 on liability for defective products.
Right of Withdrawal – Exception – Exercise of the Right of Withdrawal.
In accordance with the provisions of the Consumer Code and subject to the exceptions provided below, to exercise the right of withdrawal, the customer may send the standard withdrawal form, which is provided in Appendix 2 of these general terms and conditions of sale, to the address indicated in Appendix 2. The customer can also exercise their right of withdrawal through any other declaration to the seller, including by postal mail or email, expressing their unambiguous desire to withdraw and specifying the order number. From the communication of their decision to withdraw by sending the standard form or the withdrawal declaration, the customer has another period of fourteen (14) days to return any item not suitable for them and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the customer. In the case of an exchange, the reshipment will be at the customer’s expense. Only products returned in their entirety, in their complete and intact original packaging, and in a perfect condition for resale will be accepted
- for refund or exchange. Any product that has been damaged or has had its original packaging deteriorated will not be refunded or exchanged. The seller must reimburse the customer for all amounts paid, including delivery charges, without undue delay and at the latest within fourteen (14) days from the date on which they are informed of the consumer’s decision to withdraw. However, the seller may postpone the refund until the goods are recovered or until the customer has provided evidence of the shipment of the products, with the date of the first of these events being the one considered. It is specified that the right of withdrawal is excluded in accordance with Article L 121-21-8 of the Consumer Code:
- for services that have begun before the end of the withdrawal period, provided that the seller has previously obtained the express request of the customer on paper or on durable medium; for the development of photographs or the production of films that are considered supplies of goods made according to the consumer’s specifications or clearly personalized;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
Force Majeure.
All circumstances beyond the control of the parties preventing the normal performance of their obligations are considered as causes for the exemption from the obligations of the parties and lead to their suspension. The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their disappearance. Force majeure events include any irresistible, external circumstances, unforeseeable, inevitable, beyond the control of the parties, and that cannot be prevented by them despite all reasonably possible efforts. Expressly, force majeure or fortuitous events are considered to be, in addition to those usually retained by the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunications networks, or difficulties specific to external telecommunications networks beyond the control of customers. The parties will meet to assess the impact of the event and agree on the conditions under which the contract will be continued.
Intellectual Property.
Photographs taken by the seller and sold on their website are and remain the intellectual property of the seller in accordance with the rules of Articles L 121-1 and following of the Intellectual Property Code. The rights to photographs transmitted on physical or digital media are strictly limited to use for private purposes. Any use of photographs taken by the seller beyond this use and without their written authorization constitutes an infringement within the meaning of Article L 335-2 of the same Code and is punishable, under this article, by penalties of up to 3 years of imprisonment and a fine of €300,000.
Partial Non-Validation.
If one or more provisions of these general terms and conditions are held to be invalid or declared as such under a law, a regulation, or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
Non-Waiver.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations set forth in these general terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation in question.
Applicable Law and Disputes.
These General Terms and Conditions of Sale are subject to French law. Any dispute between the parties concerning its interpretation and/or performance, failing an amicable resolution, may be brought before the court of the customer’s choice.
Annex 1.
LEGAL WARRANTY OF CONFORMITY:
Article L211-4 of the Consumer Code The seller is obliged to deliver goods in conformity with the contract and is liable for defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. Article L211-5 of the Consumer Code To be in conformity with the contract, the good must:
- Be suitable for the usual expected use of a similar good and, where applicable:
• correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling - Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller’s attention, and accepted by the latter. Article L211-12 of the Consumer Code The action resulting from the lack of conformity is prescribed within two years from the delivery of the good.
WARRANTY OF HIDDEN DEFECTS:
Article 1641 of the Civil Code The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price for it if he had known of them. Article 1648, paragraph 1, of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2.
Withdrawal Form:
(Please complete and return this form only if you wish to withdraw from the contract.)
To: [To be completed] [Name First name Address Phone number Email]
I/we () hereby notify/notifies () you of my/our () withdrawal from the contract for the sale of the item ()/the provision of services (*) below:
Ordered on ()/received on ():
Name of the consumer(s): Address of the consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date