General Terms and Conditions
ARTICLE 1. SCOPE
The general conditions of sale detailed below govern the contractual relations between each user of the site saintbarthphoto.com (hereafter designated the "User" or "You") and the commercial brand "Saint Barth Photo Gallery" belong to the corporation Pierre Carreau whose siege is located at : 23, rue des Pibales - 33950 Lège Cap Ferret - FRANCE and registered at SIRENE under the number : 453 483 455. These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written. Pierre Carreau can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site stbarthphotogallery.com (hereafter designated" Site "). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. 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 and frames of Pierre Carreau on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor for the sales in stbarthphotogallery.com gallery (hereafter designated the " Gallery ") or in the companies which distribute the photographs of stbarthphotogallery.com.
ARTICLE 2. UTILIZATION OF SITE
To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. Saint Barth Photo Gallery reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order. The Site is available in the English language. 1) Essential characteristics of the products The products sold on the Site are art photographs numbered and in limited edition. The photographs are offered in one or several formats. The photographs are accompanied by a certificate of authenticity in English. The prices are indicated excluding taxes and shipping fees. The currency in which the prices are indicated is in Euro. For all the works expedited the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and sums do not result from the jurisdiction of Pierre Carreau. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities. stbarthphotogallery.com 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 Pierre Carreau until the complete payment of the indicated prices 2) To effect an order, You should at the minimum pass through the following steps: • Consultation of the shop page presenting the photograph. On this screen You can choose the format among those offer for this photograph. You must click on « Add to 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 must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « General Terms and Conditions ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order. • You pay for your order by the method of payment chosen • The contract is concluded upon the confirmation of the payment by the bank. • The Site sends you a confirmation of your order by email in the minutes that follow. 3) Methods of payment Several modes of payment are offered to you to pay for your order on the Site : • Credit Card, Visa and Mastercard. • Paypal 4) Security of payments For the payments by credit card, the transaction is effected by Stripe. The bank information of the User is encrypted (SSL technology, Secure Socket Layer). It does not circulate freely on the Internet and cannot be intercepted. Your bank information (number of card, expiration date….) is not communicated to Pierre Carreau. 5) Proof The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients. The information registered by the system of payment Stripe constitutes the proof of financial transactions. 6) The delivery will be effected to the shipping address that you will validate at the moment of the order as being the « shipping address», this address being able to be different from the « billing address». Change of shipping address after the effectuation of the order is not often possible for logical reasons. 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. stbarthphotogallery.com reserves for itself the right of the choice of the transporter. The delivery date depends on the ordered products. The delivery of products will be effected in the indicative times mentioned, and at the latest 15 days following the ordering, except in the case of a force majeure. 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. Shipping fees : 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 and contact us on the same day. 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) Right of revocation 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 Site, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact us to 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. Pierre Carreau 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 Pierre Carreau, by credit in the bank account having served for payment or by check. 8) Right to return In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact us to indicate to you the return address and the procedures of return. In the case that an article is no longer available, saintBarthPhoto will offer you another article of an equivalent sum. 9) Customer service and claims For any information or question, you can contact us by email. We will be very happy to give all the information that you wish about our works and your order.
ARTICLE 3. FORCE MAJEURE
In application with the article 1148 of the Code Civil, Pierre Carreau 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
In function of your choices at the time of the creation or of the modification of your account, you will be susceptible to receive the offers of our company and those of our partners. If you no longer wish it, you can modify these choices in your Client account on the Site or in writing us at the address here below. 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 : Pierre Carreau - 23, rue des Pibales - 33950 Lège Cap Ferret - France. You can equally consult or modify your personal information in your client account on stbarthphotogallery.com.
ARTICLE 5. RESPONSABILITIES AND GUARANTEES
The company Pierre Carreau makes great efforts to assure to the best of its abilities, the exactitude and the updating of the information diffused on this site, of which it reserves the right to correct, at all moment and without advanced notice, the content. At all times, the company Pierre Carreau can not guarantee the exactitude, the precision, and the exhaustively of the information put at disposition on this site. In consequence, the company Pierre Carreau declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site. This site can contain links to other sites. The company Pierre Carreau cannot be held responsible for the problems of access or for the contents of these sites. Pierre Carreau will not be responsible for damages resulting from the utilization or of the impossibility of the utilization of the Site. Pierre Carreau will not be in any case responsible for dysfunction imputable to software programs, which may or may not be incorporated into the Site or provided with it. Pierre Carreau commits itself to respect all the legal guarantees over which You could prevail. The works presented on our site being in conformity with the prescriptions of French law, we will not be held responsible for the violation of legislation proper to the country of delivery. In consequence, we invite You to consult the law in vigor in the country of delivery.
ARTICLE 6. 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 stbarthphotogallery.com belong to Pierre Carreau. His authorization is necessary for all exploitation of these rights. 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 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, screen savers, backgrounds, trademarks, models, software programs…These articles belong to the company Pierre Carreau or are utilized with the permission of their owners. 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 Pierre Carreau, 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 7. JURISDICTION
The present conditions are governed by French law. In the hypothesis that litigation would be born out of the present contractual relation, the User and Pierre Carreau commit before any judiciary action to search an amiable solution. In the case of litigation, only French tribunals will be competent. Updated March 8th, 2017.