General Terms and Condition of Sales for CUSTOMERS
The present general terms and conditions of sales of the PECHEUR D'IMAGES company set out the rights and obligations of the parties within the framework of the sale of products by the company to its customers via the Internet Site hereafter mentioned.
These general terms and conditions of sales are completed by the Privacy and Personal Data Processing Policy, available on the Website hereafter mentioned.
The customer declares having fully read these GTC and accepted the rights and obligations set out below.
"GTC" means these General Terms and Conditions of sales The Company may modify them at any time.
"Customer" means a physical person, of full age and capacity, non-professional, acquiring one or more products sold by the Company on the Website.
"Company" means the company PECHEUR D'IMAGES, SARL with a capital of 15,000 Euros, whose head office is located at 54 Route de Tréguier, 22700 LOUANNEC, registered in the RCS of SAINT-BRIEUC under the number 840 644 512, telephone number: +33 (0)2 97 30 12 12.
"Product(s)" means the product(s) whose essential characteristics and their prices are specified in the "product sheet" of each Product concerned, available on the Company's Website.
This concern, in particular, books as well as photographs for decorative purposes, framed or unframed, as art prints, posters photo or even photographs on canvas and on various themes such as, but not exclusively: boats, lighthouses, fishing, beaches, open spaces, vintage, black & white, ethnic, animal, plant, decorative products (lamps, cushions, mugs, calendars...).
"Website" means the website www.pecheurdimages.com
2.1. The photographs illustrating the Products on the Website are not contractual, and the Company cannot therefore be liable for any non-conformity of the Product delivered with its image presented on this website.
2.2. The Company expressly retains the right, with no compensation to the Customer, to modify all or part of a Product, and if necessary, its appearance or its support, at any time and without notice, and/or to delete a Product and/or the updates of a Product from the Website.
2.3. The Products are worldwide protected by the copyright, and therefore may not be reproduced, represented, lent, exchanged or ceded, transferred to another medium, modified, adapted, arranged or transformed in any way whatsoever, even partially, except according to the conditions described hereafter.
2.4. The only right granted is a right of use, excluding any transfer of ownership of any kind. Therefore, the only authorized use is the reproduction and representation of the content as permitted by the Intellectual Property Code, for the strictly personal benefit of the Customer. In addition, the Customer shall refrain more generally from infringing, directly, indirectly or through third parties, in any way whatsoever, the Company's rights.
3. PRICES / TERMS OF PAYMENT
3.1 The Products are invoiced in Euros on the basis of the prices indicated on the Website when the order is placed. The prices indicated are the final prices, including all taxes (including VAT at the legal rate applicable) and are mentioned in the order confirmation sent by the Company to the Customer by e-mail. THE PRODUCTS REMAIN THE FULL AND ENTIRE PROPERTY OF THE COMPANY UNTIL FULL PAYMENT OF THE SALE PRICE BY THE CUSTOMER.
3.2 The prices of the products indicated on the Website do not include processing, shipping, transport and delivery charges. According to the Products ordered, to the order amount or to the delivery method selected (standard/express), delivery costs may be invoiced to the Customer (see 3.4).
3.3. Any tax, duty, fee or other benefit payable in application of the applicable regulations are to be paid by the Customer and shall be added to the sale price.
3.4. The Company offers delivery charges in Metropolitan France from 125 euros (excluding VAT), excluding express delivery. For orders less than 125 euros (excluding VAT) in Metropolitan France and for any order, no matter the amount, for which delivery is requested to another destination, delivery costs will be invoiced. These additional costs will be specified during the payment process before the final order confirmation and will be added to the total amount to be paid.
3.5. The Company may modify its prices at any time, but the products will be invoiced on the basis of the current prices at the time the order is confirmed.
3.6. Any order involves an obligation for the Customer to pay the price and the corresponding costs. The Customer acknowledges that by placing an order he is committed to the payment of this order.
3.7. Generally, the price is due and payable immediately, entirely the day the order is placed by the Customer, by means of secure payment. Under the Company's partnership with the BNP PARIBAS bank, the Customer is nevertheless free to opt for payment of his order in 3 installments at no additional cost, this possibility being available only if the amount of the order (including VAT) exceeds €200. For more information regarding the details of payments in case of option, please refer to the " Means of payment " section of the Website.
3.8. The means of payment accepted by the Company for the payment of the orders are the following:
- Credit card: Carte Bleue, Visa, Mastercard, Paypal;
- Check: payable to PECHEUR D'IMAGES, and sent to PECHEUR D'IMAGES: Service Internet - 54 Route de Tréguier - 22700 LOUANNEC, France, with the complete reference of the order on the back of the check;
- Bank transfer: the Customer must contact the Company when registering the order at email@example.com so that the Company can send a bank account number using the same method of communication.
3.9. The payment of the order is made online via Mercanet, a secure online payment solution allowing the customer to pay the amount of his order via a secure bank server of the BNP PARIBAS bank. This payment is made directly to the bank without any transit of confidential data relating to the Customer's payment tool (card numbers) on any server of the Company.
The order placed and validated by the Customer shall only be considered as effectively taken into account by the Company when the payment has been accepted at the end of the online payment process, by agreement of the payment banking institutions. In case the transaction is refused by these institutions, the order will be automatically cancelled, and the Customer will be notified by e-mail to the e-mail address provided when the order was placed.
3.10. In case of payment by credit card, the card is charged before the order is shipped. The Company shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the above-mentioned conditions.
3.11. The payments made by the Customer will only be considered as definitive after the Company has effectively collected the amounts due by the Customer.
4.1. The orders are placed by the Customer exclusively via the Website.
4.2. Placing an order means that the Customer expressly acknowledges that he/she has read and understood these GTC prior to placing the order. The Customer indicates his full and complete acceptance of these GCS by ticking the box "I have read and accept the general terms and conditions of sale". The Customer will receive a copy of the GCS by e-mail after placing his order, and with the receipt of this order. The reception of this e-mail by the Customer will mean that the order will be effectively taken into account by the Company.
4.3. All the Products for sale are subject to stock availability.
4.4. A manufacturing delay (or preparation time) must be added to the delivery time indicated on the Internet Site when the Customer places the order. This delay varies according to the nature of the Product ordered, and is given only as an indication:
- Photo Poster / Art Print: 2 working days (7 working days if framed);
- Photo on Canvas: 3 working days (7 working days if framed);
- Lamp / Cushion: 10 working days;
- Calendar / Magnets / Note Book / Mugs / Mousepad: 2 working days;
- Book: 2 working days.
4.5. Sales are only complete once the Customer has paid the price of the order and has received a written confirmation by e-mail from the Company confirming that this order has been taken into account, thereby becoming final (the "Order Confirmation"). No order becoming final may be cancelled or modified unless expressly agreed by the Company.
4.6. The Customer is required to immediately inform the Company of any change in the information provided when placing an order (such as delivery address(es), billing details, bank references, etc.).
4.7. The Company may refuse any order from a customer with whom there would be an existing dispute.
5.1. The Company decides the shipping method of the Products. Delivery is made by La Poste (French Post Office) by Colissimo suivi or by carrier. As an exception, deliveries to a country of the European Union other than France are made by European tracked shipping, or by carrier for voluminous packages. Delivery is made to the address indicated by the Customer when he places his order.
5.2. The Customer guarantees the accuracy of the delivery information provided to the Company, and the Company declines any liability in case of delay or non-delivery of the Products due to the inaccuracy of the delivery details.
5.3. The Products are delivered within a maximum of 30 days from the Company's Confirmation of the order. The Company undertakes to make its best efforts to deliver the Products ordered within the specified deadlines. Should the deadlines be exceeded, the Customer shall not be entitled to claim for damages, nor to cancel his order.
5.4. For deliveries in Mainland France, an additional flat-rate contribution is charged. An additional contribution is charged when the order is to be delivered to any other destination outside Metropolitan France, the amount of this additional contribution depends on the destination and on the nature of the Product shipped.
5.5. For deliveries outside mainland France, the Customer is considered to be the exporter of the goods delivered. The Customer is liable for any customs duties or other local taxes or import duties or state taxes that may be due.
5.6. If delivery is delayed, and in accordance with the terms of articles L.216-2 and L.216-3 of the French Consumer Code, the Customer has the right to cancel the contract.
5.7. Once the delivery has been made, the Customer must check immediately whether the delivery is complete and whether the goods are damaged, by opening the box while the delivery man is present. By signing the delivery note, the Customer is considered to have accepted the Product delivered in the same condition as when it was delivered. Therefore, once the delivery note has been accepted and signed without any mention from the Customer, the Company could not be held responsible for any damages linked to transport, and will not be responsible for the costs of refunding the order.
Any possible complaints must be sent to the transport company as soon as possible. The Customer must also make sure that the Products delivered correspond to his order. If the Products do not correspond to the order, the Customer must inform the Company's customer service department by e-mail at firstname.lastname@example.org.
5.8. The Company shall not be liable for any loss or damage once the Customer physically received the Products ordered.
5.9. For availability considerations regarding the different Products, in case several Products are ordered in the same order, this order may be delivered to the Customer in several installments, the Customer will only pay for the costs corresponding to a single delivery. If the Customer would like different delivery locations, he will have to place as many orders as he wishes delivery locations, each order placed implying the payment of the shipping costs applicable.
6. RIGHT OF WITHDRAWAL
6.1. The Customer has a right of withdrawal according to articles L.221-18 and following of the Consumer Code. According to this right, the Customer has 14 clear days from the receipt of the Product ordered to exercise this right of withdrawal without having to justify the reasons or pay any penalty.
6.2. If the Customer uses his right of withdrawal, the following procedure will be applied:
- The Customer informs the Company that he wants to use his right of withdrawal by sending the following form, completed on plain paper, to the Company:
Please complete and return this form only if you wish to withdraw your order placed on www.pecheurdimages.com (products sold and shipped by the company PECHEUR D'IMAGES) - except for exclusions or restrictions to the right of withdrawal in accordance with the applicable GCS.
For the attention of PECHEUR D'IMAGES SARL - 18 Mané Lenn, 56950 CRAC'H, FRANCE
I/we (*) hereby notify you (*) of my/our (*) cancellation from the contract for the sale of the good(s) (*) below:
Ordered on (*)/received on (*) : …………………………………………………………….
Name of the consumer(s): …………………………………………………………….
Address of the Customer(s) : …………………………………………………………….
Signature of the customer(s) (only in the case of notification of this form on paper):
Date : …………………………………………………………….
(*) Delete if not applicable.
- The Customer must return the goods no later than 14 days after the notification of his decision to withdraw, at his own expense, to the following address:
PECHEUR D’IMAGES SARL - Administration des ventes,
18 Mané Lenn,
6.3. The cost for returning the Products remains at the Customer's expense.
6.4. The returns must be complete (packaging, accessories, instructions, etc.) and in their original condition. In case a Product is damaged by manipulations other than those necessary to verify its nature, characteristics and correct operation, the Customer may be held liable and the Product will not be accepted by the Company.
6.5. The Customer agrees that his right of withdrawal will not be applicable to the Products listed in Article L.221-28 of the French Consumer Code, which include, in particular, goods made to the consumer's specifications or specifically personalized.
7.1 Please note that in the legal warranty context, the Customer:
- has two years following the delivery of the Product to claim against the Company;
- may choose between repairing or replacing the Product, according to the cost conditions specified in Article L.217-9 of the French Consumer Code;
- is not required to provide the proof that the Product is not in conformity during the 24 months following the delivery of the Product, this period being reduced to 6 months for second-hand goods.
7.2. The legal guarantee of conformity is independent of any commercial warranty that may be applicable to the Product.
The Customer may decide to make use of the warranty against hidden defects of the product sold as defined in article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a discount on the sale price in accordance with Article 1644 of the Civil Code.
7.3. The warranty will not cover apparent defects, as well as Products damaged during transport.
7.4. 7.4. The Company has reproduced the above-mentioned legal texts in the appendix to these GTC.
7.5. In case one of the above-mentioned warranties should be invoked by the Customer, it is possible to get in touch with the Company's customer service department, open from Monday to Friday, at the following phone number: +33 22.214.171.124.12, or by e-mail at email@example.com.
8. PERSONAL DATA PROCESSING
8.1. Concerning the respect of private life and the protection of its Customers' personal data, the Company commits to:
- implement the appropriate procedures to ensure the protection of personal data, as defined by article 4 of European Regulation 2016/679 of 27 April 2016, known as the "General Data Protection Regulation", of Customers collected when browsing the Website (the "Data"), and
- process and use this Data respecting the applicable dispositions, and in particular the law n° 78-17 modified on January 6, 1978, called "Loi Informatique et Libertés", and the General Regulations on Data Protection.
8.2. The Data are processed by computer by the Company, acting in its quality of data controller within the meaning of Articles 24 and following of the General Regulations on Data Protection. The Company, therefore, collects, uses, modifies, studies, stores, transmits and deletes Data.
8.3. The purposes of this treatment are the following:
- the browsing of the Customer on the Website;
- Processing of orders placed on the Website, this purpose indicating the desire to achieve the following underlying objectives: management of customer relations, transport and deliveries following orders, payment of orders, as well as marketing and commercial prospecting actions related to the Website's use;
- Compliance with a legal obligation, in particular a tax obligation, for the Company.
Depending on the cases, this processing is based on the Customer's consent or on the legitimate interest of the Company.
8.4. The Data collected and processed by the Company are, fully hosted within the EU.
8.5. The Data may be communicated to the Company's partners as well as to its suppliers, within the strict needs of the Company's management of its commercial relations.
8.6. The Data is kept for a period of time in accordance with current legislation and regulations, which is strictly necessary for the fulfilment of the purposes of processing: regarding the Customer, this Data is kept during the contractual relationship, and may be kept for a maximum period of FIVE (5) years after the end of the contractual relationship.
8.7. Under the General Regulations on Data Protection, any private person has the right to access, rectify, erase, and portability of the Data, as well as the right to limit and oppose the processing and to organize disposal of their Data after their death. Such rights may be enforced by contacting the Company as follows:
- by postal mail : PECHEUR D'IMAGES : Internet Service - 54 Route de Tréguier - 22700 LOUANNEC ; France
- by e-mail: firstname.lastname@example.org
The Customer has also the right to complain to the Commission Nationale de l'Informatique et des Libertés (CNIL).
8.8. If the right of opposition is exercised, all communication with the Customer will stop, except for the communication relating to the management of the Customer's account.
8.9. The Customer who wishes so, has the possibility to organize the treatment of his data after his death. For more information on this subject, please go to the following website: https://www.cnil.fr/.
9. LAW - DISPUTE - RESPONSIBILITY
9.1. These GTC are subjected to French law.
9.2. The liability of the Company may not be engaged in case of failure to fulfill or bad fulfillment of contractual obligations due to the Customer, in particular when placing his order.
9.3. The Company cannot be held liable for a failure to meet any of its obligations resulting from a force majeure event, such as those defined by Article 1218 of the French Civil Code. The following cases are considered to be force majeure ones, discharging the Company from its obligation to deliver the goods covered by the Contract: any delay and any fault of the Customer, riot, insurrection, war, act of the prince, strike, lock-out, breakdowns or power cuts of more than 24 hours, communication network breakdowns, epidemics, fire, landslides, floods, lightning damages, traffic accidents, tooling accidents, important scraps of parts during manufacture, interruptions or delays in transport, the impossibility for the Company to be supplied, for any reason whatsoever affecting the activities of the Company, its suppliers, subcontractors or any other natural or legal person having a direct relationship with the sale, manufacture, shipment or delivery of the goods that are the object of the order. In due time the Company will keep the Client informed of the cases and events listed above.
9.4. If a Product is delivered outside the European Union, the Company will not be held liable for non-compliance with the legislative and regulatory regulations in force in the country where the Product is delivered.
9.5. It is also specified that the Company does not control the websites that are directly or indirectly linked to the Website. As a result, the Company excludes any liability regarding the information published on these websites. The links to third party websites are only provided for information purposes and there is no guarantee concerning their content.
9.6. In case of a dispute, the Customer will first contact the Company in order to find an amicable solution. The Customer and the Company will make their best efforts to find an amicable solution to the dispute.
In case of failure, the Customer can consult the website: https://www.economie.gouv.fr/mediation-conso to consult a mediator free of charge regarding his claim.
In addition, the European Commission's Online Dispute Resolution platform can be reached at the following link: https://webgate.ec.europa.eu/odr/.
10.1. Any request for information regarding these GCS, complaint or cancellation must be sent, indicating the reference of the order placed on the Website, either by e-mail to the address contact@pecheurd'images.com, or by post to the following address: PECHEUR D'IMAGES SARL - 18 Mané Lenn, 56950 CRAC'H, France.
10.2. The fact that the Company does not invoke, at any given time, any one of these GTC cannot be interpreted as a renunciation on its part to invoke it later on.
10.3 If any one of the terms of these GTCs is considered illegal or unenforceable against the Customer by a court decision, this will not affect the other terms of the GTCs, which will remain applicable.
10.4. If the Customer does not respect the obligations agreed under the GTC, and in particular in case of fraud or any fraud attempt, and any payment incident of the price of an order, it may result in the suspension of access to the Website, or even the cancellation of its customer account depending on the degree of gravity of the actions in question, without prejudice to any damages that the Company may request.
1. EXTRACTS FROM THE CONSUMPTION CODE
The seller delivers a product in accordance to the contract and is liable for any lack of conformity existing when the product is delivered.
He is also responsible for any defects of conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility.
The product is in conformity with the contract:
1° if it is suitable for the use generally expected from a similar product and, if so:
- if it corresponds to the description given by the seller and has the qualities the seller presented to the buyer as a sample or model;
- if it has the qualities that a buyer can legitimately expect with regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or if it is suitable for any special use required by the buyer, brought to the knowledge of the seller and accepted by the seller.
Any action based on lack of conformity is barred after two years from the date of delivery of the goods.
When the buyer asks the seller, during the period of the commercial warranty granted to him when acquiring or repairing movable property, to repair the property covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining period of the warranty. This time period starts to run from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is made after the request for intervention.
2. EXTRACTS FROM THE CIVIL CODE
The seller is bound by the warranty for hidden defects of the product sold which make it unsuitable for the use for which it is designed, or which reduce this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
As regards articles 1641 and 1643, the buyer has the choice between returning the goods and having them refunded the price, or keeping the goods and having part of the price refunded.
Article 1648, first paragraph
The Buyer must bring an action for fundamental defects within two years after discovery of the defect.