Terms of Sales
1 - Object
This contract concerning the sale of services is concluded between the seller (hereinafter referred to as Eric D. Photography) and a buyer (hereinafter referred to as the Client), within the framework of a distance selling system.
2 - Scope
2.1. These general conditions of sale concern sales made by Eric D. Photography on his site (https://www.ericd-roadtriphotograhic.fr).
2.2. Any order placed on the Eric D Photography site implies express and unreserved acceptance of these general conditions of sale.
2.3. In addition, the Client declares to be at least 18 years old and to have the legal capacity or to hold parental or guardianship authorization allowing him to place an order on the Eric D. Photography website.
2.4. These general conditions of sale may be supplemented by special conditions, stated on the support before any transaction with the Customer.
3 - Applicable law
3.1. The present general conditions of sale as well as the prices are expressly approved and accepted by the customer, who declares and acknowledges having a perfect knowledge of them, and renounces, therefore, to take advantage of any contradictory document and, in particular, his own conditions. general conditions of purchase entailing acceptance of these general conditions of sale.
3.2. These conditions are subject to change at any time without notice.
4 - The seller
This offer is brought to you by Eric D. Photography
Eric D. Photography Lille - Eric Dubus
Siret number: 90515406800019
Director of publication: Eric Dubus
Customer service: firstname.lastname@example.org
5 - Price
5.1. The prices of the services and articles indicated on the website, by mail or during the various advertising operations of Eric D. Photography are given without engagement and are likely to be modified in the event of update of an article. The prices, established with 20% VAT for prints on paper or canvas, acrylics, and 5.5% for photographs in digital version, in euros are those in force at the time of the order. If, for any reason whatsoever, an incorrect price is indicated to the customer when ordering, only the price in force will prevail; in this case, the customer will have the option of canceling his order.
6 - Order
6.1. The order from the website is only valid for the billing and delivery addresses located in the countries indicated on the order form.
6.2. Eric D. Photography sends immediately after entering the order a confirmation email to the Customer. This confirmation includes the order number, the order specifications, its total amount, billing and delivery addresses.
6.3 The order is accepted by Eric D. Photography when it has been confirmed by the customer on the website and the payment has been validated by Eric D. Photography.
6.4. In the case of a payment by credit card or a bank transfer, the validation of the payment means that our banking partner has confirmed the payment.
7 - Termination
Eric D. Photography reserves the right not to record a payment and therefore not to accept an order for any reason whatsoever relating in particular to a supply or delivery problem foreseeable at the time of the order.
The Customer will be informed by e-mail - sent to the e-mail address he entered when creating his account on the Eric D. Photography site - within seven working days of the order. The non-execution or partial execution of an order will not give rise to any compensation. In the event, no payment will be cashed by Eric D. Photography.
8 - Payment terms
8.1. Payment is made in full when ordering, in cash, without discount and at the price including VAT in euros only.
8.2. Only one payment method is offered:
- Payment via Secure Shopping, payment contract with PayPal. The transaction is then managed on the server of our banking partner. You must indicate your card number, as well as its validity date and the last three digits of the cryptogram on the back of the card. The data is encrypted and transmitted by a secure protocol according to the SSL protocol. You can pay by credit card without creating an account. Payment is instant and secure via Secure Shopping.net and Eric D. Photography.
In the event of payment by Secure Shopping, the general conditions of use of Secure Shopping apply.
8.3. Bank charges linked to payment by the use of one or other of these means are the responsibility of the Customer.
8.4. In the event of late payment by the Client, the interest rate for late payment penalties will be calculated on the refinancing rate applied by the European Central Bank, increased by 10 bridges. the reference to this interest rate is taken from article L.441-6 of the commercial code as amended by Law n 2008-776 of August 4, 2008. It will be applied without reminder from the Seller. Late payment penalties will be payable the day after the payment date appearing on the invoice and until the day the funds are made available to the Seller by the Customer (article L 441-3 of the Commercial Code.
9 - Collection of payments
9.1. The debit on the Customer's bank card will be made in euros at the time of the order.
9.2. In the event of a payment incident, whatever it may be, Eric D. Photography reserves the right to suspend outstanding orders and refuse to honor any new order until full payment of the sums due.
10 - Rights in the work and intellectual property
10.1. All the elements appearing on the site are protected by copyright, trademark law and all other intellectual property rights. No reproduction and / or adaptation can be made with the authorization of Eric D. Photography France - Eric Dubus.
The photographs, texts, videos, graphics, logos contained on this site are the property of the artist Eric D. Photography and constitute intellectual works protected by articles L111-1 and according to the code of intellectual property.
You can, via your web browser, view the elements for personal and private purposes only (as defined in article L 122-5.2 paragraph of the Intellectual and Artistic Property code).
10.2. Any other use or public distribution than those expressed above is strictly prohibited, except after having obtained the prior written consent of Eric D. Photography (address below). This prohibition is aimed in particular at the reproduction of all or part of the photographs, of extracting elements from the databases used and presented by the ericd-roadtripphotographic.com site or of distributing and copying texts and articles, in whole or in part.
Without prior written request, the public distribution of a reproduction or copy of photographs (via Blog 2.0, Facebook, or other web community platforms) but also the distribution of a text in whole or in part is liable to legal proceedings. Mentioning the name of Eric D. Photography is not sufficient to grant permission for distribution or publication.
10.3. The user agrees to only use this information for personal purposes. Any other use is strictly prohibited. This information is given for information only. Eric D. Photography cannot be held liable for any error, omission, misuse or damage, whether direct or indirect, resulting from the use of information contained on this site. The user is solely responsible for the use of any information.
The Eric D. Photography website is only an intermediary between you and the works presented on the site. Consequently, we cannot assure you of the possible availability of the photographs diffused. Please contact us for a catalog request for photographs and items for sale.
10.4. The use of all or part of the site, in particular by downloading, reproduction, transmission, capture, representation or distribution for purposes other than for the personal and private use of the Internet user is strictly prohibited.
Violation of these provisions subjects its author to the penalties provided for both by the intellectual property code of copyright infringement (article L.335-3), of trademark rights (article L.716-9) and by the civil code in matters of civil liability (article 9, articles 1382 and following).
By using this site, you implicitly accept the conditions of use described in this page, without prejudice to any recourse of a contractual and / or tort nature that may be exercised by Eric D. Photography. Any dispute relating to the interpretation or execution of a contractual commitment provided for in the texts of this site will be the exclusive jurisdiction of the French courts in application of French law.
The links indicated on this site are given for information only, Eric D. Photography cannot therefore be held responsible for their content.
The graphics and animations remain the property of Eric D. Photography and are subject to copyright and intellectual property. The site is created and produced by Eric D. Photography.
11 - Delivery
11.1 Eric D. Photography undertakes, in the event of acceptance of an order, to provide the services chosen by the Customer when ordering within a maximum period of two weeks.
12 - Transfer of ownership
The seller retains full ownership of the products sold until full payment of the amount of the order. However, upon delivery, the risk of loss or damage is transferred to the buyer.
13 - Withdrawal
Buyers, non-professional natural persons, benefit from a withdrawal period of 14 days from the delivery of their order to make the product to the seller for exchange or refund without penalty of return costs.
14 - Guarantee
The Customer benefits from the provisions of the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a physical product sold and delivered, it may be returned to the seller who will take it, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by email to the following address: email@example.com within thirty days of delivery.
The digital products or services sold on the Eric D. Photography site are not subject to any additional guarantee from Eric D. Photography. They will not be returned or exchanged.
15 - Confidentiality
15.1. Eric D. Photography treats information concerning the Client with the strictest confidentiality. When making purchases, Eric D. only asks the Customer for essential information (name, first name, address, e-mail, telephone number), and refrains from any use of the data communicated by the Customer for any use other than for processing. quality and careful monitoring of the order.
15.2. This site has been declared to the Commission Nationale Informatique et Libertés (CNIL) and complies with the provisions of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms. In application of the law n 78-17 of January 1978, you have the rights of opposition, access and rectification of the data concerning you. Record number: 2071102
16 - Liability
16.1. In the absence of explicit written authorization from Eric D. Photography, Eric D. Photography does not incur any responsibility, both with regard to these Clients and to any third parties whatsoever, for the distribution of the products appearing in its catalog .
16.2 Eric D. Photography cannot be held responsible for repairing direct or indirect damage, whatever its nature, resulting from the use of the products.
16.3. In the absence of explicit and written authorization issued by Eric D. Photography, the Client refrains from reselling the products sold by Eric D. Photography. Under the same conditions, he is prohibited from reproducing in any way and on any medium whatsoever, in particular digital, the visuals or images sold on the Eric D. Photography site.
16.4. Any order placed by a Customer is for his personal use of the person in whose name the delivery must be made. In the latter case, the Customer guarantees the personal acceptance of these General Conditions of Sale by the recipient of the delivery.
17 - Force majeure
Are considered as force majeure which releases Eric D. Photography from any obligation to honor a Client's order, strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises. or others, disruptions in transport, supply difficulties, customs measures of any nature or origin whatsoever, health crises or any other fortuitous event which prevent or delay totally or partially the performance of the obligations Erid-roadtripphotography .com.
18 - Litigation
18.1. The conditions of sale are governed by French law. In the event of a dispute in this contractual relationship, the parties undertake before any legal action to seek an amicable solution.
18.2. In the event of a dispute, the Tribunal de Grande Instance of Lille has sole jurisdiction.