TERMS & CONDITIONS OF SALE AND OF UTILIZATION
Article 1: SCOPE
The general terms and conditions of sale detailed below (hereafter referred to as the “General Terms and Conditions”) govern the contractual relationships between any user of the site Eliseprudhomme.com (hereafter referred to as a “User” or “You”) and photographer Elise Prudhomme, represented by the corporation PREMIERE BASE CREATION SARL, located at 6 bis rue des Récollets, 75010 Paris, France, registered with the Chamber of Commerce of Paris under the number 394 881 494 (hereafter referred to as “Elise Prudhomme”).
These General Terms and Conditions of Sale exclusively apply and replace all other terms, except preceeding derogation, explicit and written. Elise Prudhomme may be occasionally required to modify some of the provisions of its General Terms and Conditions. It is therefore necessary to reread them before each visit to the Eliseprudhomme.com website (hereafter referred to as the “Website”). These modifications shall be binding and enforceable as of the upload date (the date of upload featuring at the end of the present terms and conditions) and shall not apply to any agreements made prior to said date. Every purchase on the Website is governed by the General Terms and Conditions applicable as at the date of the order. By confirming your order, You accept without reserve the General Terms and Conditions. In accessing the Site, you commit yourself to respect the present conditions.
It is specified that the present conditions govern the sales of the photographs of Elise Prudhomme on the Website.
Article 2: USE OF THE WEBSITE
To use the Website, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Term and Conditions of Sale. You guarantee the veracity and accuracy of the information provided by yourself on this Website.
The User agrees not to upload to the site any content that could infringe any rules of law in force, in particular, criminal law, copyright law, trademark law, or any other proprietary or third party rights.
The Website is available in French and English. The language of the Website is determined by the language of the website page chosen. All pages containing written content have a French and English language link. If the language of your Internet browser is anything other than English or French, the Website language will be English. You can modify the language choice at any time on the Website’s individual pages.
Elise Prudhomme strives to ensure the accuracy and updating of information published on the Website, and reserves the right to correct the content at any time and without prior notification. Notwithstanding, Elise Prudhomme cannot guarantee the accuracy, precision, or exhaustivity of information made available on this Website. Therefore, Elise Prudhomme shall not be held liable for any unavailability of the Website, any bugs or system failure, or any direct or indirect damage resulting from fraudulent intrusion by a third party, regardless of the type of damage, its cause and its consequences.
The Website may contain references and links to other third-party websites. Elise Prudhomme is not responsible for access to these sites or their content.
Similarly, Elise Prudhomme shall not be held responsible if use of the Website (in whole or in part) is not possible, and/or in the case of malfunction of the Website or the system on which it is based. Under no circumstances shall Elise Prudhomme be liable for malfunctions attributable to software, whether these are incorporated within the Website or provided with it.
1) Product Characteristics
The products sold on the Website are art photographs numbered and in limited edition.
A number of formats are available, depending on the format of the User’s photograph. All prints are accompanied by a personalised certificate of authenticity.
Prices indicated are in Euros, inclusive of all taxes, but excluding postage and packaging fees. Only payment in Euros is accepted.
Elise Prudhomme reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders, under the reserve of availability.
The works rest the property of Elise Prudhomme until the complete payment of the indicated prices.
2) Steps for Placing an Order
To place an order, You must perform the following steps:
• Consultation of the information page presenting the photograph. On this screenYou can choose the format and the support among those offered for this photograph. You must click on « Add to shopping cart» in order to add this article to your shopping cart.
• Screen « Shopping cart» you have the possibility to delete an article or to modify the quantities ordered.
• Screens of identification or of the creation of a client account
• Screen of the choice of the mode of delivery. On this screen a link is offered to you to modify the articles of your order.
• Screen of summary and choice of payment. This screen allows you to choose your mode of payment and to verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen,You have the possibility to modify your order.
• You should then accept these General Terms and Conditions of Sale in order to proceed to the payment phase. The General Terms and Conditions can be consulted at any time on the Website, and can be printed via the link entitled “Terms and Conditions” The General Terms and Conditions of Sale of the Website must be accepted for each order.
• Several payment methods are available for You to pay for your order.
• The contract is concluded upon the confirmation of the payment by the bank.
• Once the order has gone through, Elise Prudhomme will send You a confirmation e-mail. Under certain circumstances, Elise Prudhomme reserves the right to refuse a client’s order. In particular, Elise Prudhomme may exercise this right when payment for a previous order has not been made and when a client’s solvency is not guaranteed.
The contract is deemed to have been concluded once written confirmation of the order is sent by Elise Prudhomme, or once Elise Prudhomme starts to send this confirmation. The total amount of the order is due immediately. The User is therefore under the obligation to make the payment.
The resale of products sent by Elise Prudhomme for commercial gain is not authorised.
3) Payment Methods
Several payment methods are available for You to pay for your order on the Website:
- Credit Card, Visa and Mastercard.
- Bank check
- Wire transfer
4) Security of Payments
All credit card transactions are carried out by Paypal.
In order to guarantee the security of online payments and the protection of your personal information, data related to the transaction are encrypted using SSL technology (Secure Socket Layer), which ensures the security of their transmission. Once You enter your bank or credit card details, they are encrypted under the Secure Sockets Layer protocol (commonly referred to as SSL).
The data transmitted when You enter your bank details (card number, expiry date and security code) are also encrypted, and under no circumstances are transmitted to Elise Prudhomme.
Data recorded by the Website constitute the proof of all of the transactions undertaken between Elise Prudhomme and its clients.
Data recorded by the Paypal system of payment constitute the proof of financial transactions.
You will receive your order at the address that You indicated, within a period of 15 business days following your order.
Elise Prudhomme delivers to Metropolitan France, Germany, Belgium, Switzerland, Great Britain, Spain, Italy, The Netherlands, Denmark, Sweden and Portugal. Other shipping destinations are available upon request.
Delivery will be made to the delivery address provided at the time of the order. You can provide a delivery address that is different to your billing address.
For logistical reasons, it is generally no longer possible to change the delivery address once the order has been confirmed. You may, however, contact us if You nevertheless wish to change the delivery address. We will check the status of your order and carry out the change if possible.
The possible modes of delivery depend on the quantity, the size of the article(s) ordered and the destination country. If your order comports articles of different sizes, it is the size of the largest article that is taken into account. Elise Prudhomme reserves for itself the right of the choice of the transporter.
The delivery date depends on the state of the stock, the date of expedition of the order and the transit time for delivery established by the mode of delivery.
The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.
The shipping fees vary according to the destination and the mode of delivery as well as the number and the format of the works ordered.
Reception of the Delivery
Upon the reception of your order, it is your responsability to open the package to verify the state of the delivery.
In the case of a problem, please give your package back to the deliverer stipulating the problem encountered.
The reception of the objects transported extinguishes all action against the transporter for damage or partial loss if within the three days, holidays not included, which follow that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the code of the Commerce).
7) Retention of Ownership
Elise Prudhomme retains full ownership of items sold until payment of the order has been carried out in full.
8) Right of Retraction
In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you.
For all orders on the Website, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact Elise Prudhomme who will indicate to you the return address and then you will dispose of a period of 10 days to return to us your order.
No “shipment for reimbursement” will be accepted, for any reason.
Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted.
Elise Prudhomme will reimburse You the price of the photographs as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 15 days following the reception of the order by Elise Prudhomme, by credit in the bank account having served for payment or by check, according to the mode of payment used at the time of the order.
9) Right of Return
In the event that the items received are not in accordance with the order, You have the right to return them. In this case, please contact Elise Prudhomme as soon as You are able, who will indicate the address and the conditions of return.
In the event of exercise of the right of return, and only in this case, the costs of return and the new delivery are incumbent to Elise Prudhomme.
The User’s legal warranty remains unchanged.
10) Customer service and claims
For any information or question, you can contact Elise Prudhomme by email. She will be very happy to give all the information that you wish about her work and your order.
Article 3: LIABILITY
In application with the article 1148 of the Code Civil, Elise Prudhomme will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.
Article 4: PROTECTION OF PERSONAL INFORMATION
Elise Prudhomme is committed to protecting and safeguarding your privacy on the Internet. Elise will never sell, share or otherwise distribute personal information to third parties without your previous authorization.
The personal information that You communicate to us (title, first and last names, postal address, e-mail address and telephone number, as well as any indication pertaining to payment) is used solely for the processing and dispatch of your order, as well as for sending notifications by e-mail in certain situations (such as for notifying the status of orders), in accordance with the provisions of French law on the protection of information. We also record the terms of the contract and send You the order information by e-mail.
You can check the status of your order at any time in your customer account, which You created when You placed your order.
In order to guarantee You absolute security, all of the information pertaining to the payment (such as your bank details or the information pertaining to your credit card) is sent to our payment service provider, and is not retained by us. This information will be requested from You once again on any future orders.
In application of the law Informatique et Libertés of January 6 1978, You dispose of a right of access, of modification, of rectification, and of suppression of the information that concerns you. You can exercise this right in sending a letter to the following address:
6 bis rue des Récollets
75010 Paris, France
Article 5: INTELLECTUAL PROPERTY
1) Rights concerning the work
The artist, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by French law. The rights of representation and of reproduction of the works presented on the site eliseprudhomme.com belong to Elise Prudhomme. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.
2) Intellectual property right
All of the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos …These articles belong to the photographer Elise Prudhomme.
Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of Elise Prudhomme, besides the exceptions endorsed in the article L 122.5 of the Code de Propriété Intellectuelle, under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by two years of imprisonment and a 152 449,02€ fine.
Article 6: APPLICABLE LAW / COMPETENT JURISDICTION
The present conditions are governed by French law. They are available in the language of the consultation of the Site, cf art. II. In the hypothesis that litigation would be born out of the present contractual relation, the User and Elise Prudhomme commit before any judiciary action to search an amiable solution. In the case of litigation, only French tribunals will be competent.
Last updated: 05/07/2015