Any order implies the complete unconditional acceptance by the Buyer of the following terms and conditions:
These general terms and conditions apply to all our offers, elements of offers, order confirmations and sales of albums and pictures, as well as to photographic works and all related services.
The general terms and conditions of possible purchases by the Buyer are not enforceable against the Service Provider, even when he has become aware of them.
The fact that the Service Provider doesn’t apply one of these articles at any given moment cannot be interpreted as a as a waiver of such general terms and conditions of sale in the future.
The orders are effective, for delivery, only upon receipt of the agreed down payment. The down payment made at the moment of the order or later, does not give the Buyer the right to retract and not pay the agreed amount. In case of a cancellation of the order by the client, the down payment is still due, for compensation, under reservation of all our other rights.
1.1 Any service request made by the Buyer will lead to a preliminary offer submitted by the Provider for acceptance.
1.2 Any offer shall be valid only for 1 month, starting from the date that it is sent.
The specifications of the supplies appearing in the offers, and especially their quality, their finishing, their type and their measurements, shall be the ones indicated by the provider or equivalent if the product can no longer be procured.
2.1 Any order, including ones made over the phone, shall be confirmed in writing.
2.2 The order shall mention, especially: the selected package by rate, the agreed price of the services, the supplies, the transportation costs and any other costs related to carrying out the service, the payment method, the date and place of delivery or collection if different from the invoice address.
2.3 Any additions or changes to the order bind the Provider only if he accepts them in writing.
3.1 The payment of the service shall be spread, and the split payment scheduled on the purchase order.
4.1 The Buyer cannot request the cancellation of the sale or assign responsibility to the Provider in case of modifications to the initial technical specificities or characteristics, occurring between the moment the order was made and the delivery time, which may result from recommendations of the supplier.
4.2 The service provider commits to inform the Buyer of these modifications as soon as possible.
4.3 If the provider is not able to deliver the ordered supplies, he can deliver a product with the same characteristics on the Buyer’s written request.
4.4 In the case stipulated in the above article 4.3, and without the Buyer’s written agreement, it is expressly agreed that the down payment made stays with the provider for the services done.
5.1 The delivery is made according to the specifications appearing on the purchase order, unless the payment requirements are not met.
5.2 The delivery means:
- either by postage of the finished products to the Buyer, with the addition of the postage costs as stated on the purchase order,
- or by making the finished products available at the Provider’s premises.
6.1 The delivery deadlines are always given for information only, according to availability of the pictures and supplies at the time of the offer.
6.2 Any delay due to circumstances beyond the Service Provider’s control cannot lead to the order cancellation. The Provider shall not be liable for any damage resulting from this delay.
6.3 However, if the product delivery has not happened 3 months after the delivery date indicated, for any other reason than a case of force majeure, the sale can be cancelled on one of the parties’ request by sending a registered letter with acknowledgement of receipt. The Buyer can then claim the reimbursement of the down payment(s) made without any other compensation.
6.4 The Provider shall not be liable in case of force majeure or events such as: lockout, strike, epidemic, war, requisitioning, fire, floods, accident due to material or delay in transportation or any other cause leading to partial or total unemployment of the provider or his/her suppliers.
6.5 The Provider shall inform the Buyer of the above mentioned cases and events, at the appropriate time.
6.6 Any delay in delivery due to a case of force majeure shall lead, according to the Provider’s choice, either to outright cancellation of the sale or to postponement of the product delivery or availability for collection. In either of these cases neither party can claim compensation.
6.7 In any event, a timely delivery can only happen if the Buyer has met all his/her obligations towards the Service Provider.
6.8 When the delivery consists in making the product available for the Buyer at the Provider’s premises, the Provider commits to inform the Buyer in writing of the date from which the product can be collected.
6.9 The Buyer commits to collect the products within 15 days upon receipt of the notice of availability.
7.1 The Provider selects the most appropriate mode of transport to carry the products.
7.2 Unless otherwise agreed, the Buyer is responsible for all transportation charges, costs and risks. After reception of the products, the Buyer shall examine their quantity and condition. In case of any damage, claims must be made on the delivery order and the carrier must be informed within 48 hours from the delivery time, by registered letter with acknowledgment of receipt.
Merchandise transportation by land and by air is generally not insured, unless expressly requested by the Buyer. However we reserve the right to insure, at the ordinary rate and with the insurance company of our choice, merchandise that could be damaged during transportation, without the Buyer’s agreement and for his/her own interest. For maritime transportation, we always insure the products, at the ordinary rate, according to the destination. The insurance costs, advanced by us, shall be paid by the Buyer and added to the invoice.
In anticipation of the disasters mentioned in the previous paragraph, the Buyer subrogates the seller from now on in all its rights and actions against the insurance company and also gives away, delegates and transfers, up to the due amount, all indemnity that could be allocated in these cases and gives him/her all powers necessary for the service.
9.1 Receipt and checking of the products must be done within 2 days upon delivery.
9.2 Without prejudice to his/her obligations towards the carrier, the Buyer shall inform the Provider by registered letter with acknowledgement of receipt, within the deadline set in article 9.1, of all apparent defects or lack of conformity of the delivered supplies.
9.3 It is the duty of the Buyer to detail the lack of conformity or the defect in a registered letter addressed to the Provider within the deadline set in article 9.1. The Buyer shall let the Provider perform his/her own inspection of these defects or faults, and refrains from taking any action himself/herself or having a third person do so.
9.4 After the deadline set in article 9.1, any claim of any sort whatsoever will be rejected.
9.5 If the Buyer expressly or tacitly renounces the reception, the supplies will be considered as delivered in conformity with the order.
9.6 Lack of conformity of part of the delivery shall not exempt the Buyer from his obligation to pay for the supplies for which there is no dispute.
9.7 Any flaw or defect acknowledged after contradictory examination compels the Provider to replace for free, only the supplies acknowledged as defective.
10.1 The invoiced prices are the ones established on the day of the order, and based on the economic conditions in force.
10.2 The prices include VAT but not transportation. Any other similar taxes that would become payable will be added, at the rate in force at the time at which they are due to be paid.
11.1 The parties agree that the prices indicated on the purchase order are firm and definitive.
12.1 Unless otherwise stipulated, the invoices are payable upon receipt, to the Provider’s head office.
12.2 No matter the method of payment agreed between both parties, the payment shall be considered as made upon receipt only.
12.3 If the payment is not made in due time, the Provider reserves the right to terminate or suspend the current orders and deliveries.
If the payment is not made within ten days from the date of the invoice, the Buyer shall be accountable for the application of default interest at three times the legal interest rate and 40 € of lump sum recovery.
If the lack of payment from the Buyer necessitates amicable or legal collection, the Buyer commits to pay on top of the principal amount, the fees, the litigation costs and the emoluments that he/she legally and ordinarily would have to pay, and compensation of 15% of the principal amount (VAT included) of the payment, for conventional and basic damages.
If the partial or complete payment of an order has not been made by the due date, the amounts due for this order or other orders already delivered or being delivered will be immediately payable after receipt of the legal notice sent by the Provider by registered letter with acknowledgement of receipt.
Any order is accepted in view of the legal, financial and economic situation of the Buyer at the moment of the order. As a result, if the financial situation of the Buyer deteriorates between the date of the order and the delivery date, the Provider has the right to either require a cash payment before the delivery, or to cancel the sale.
For new supplies:
17.1 The materials sold benefit from the warranty granted by the printer.
17.2 This warranty covers all hidden or apparent defects from the delivery of the supplies.
17.3 The Provider’s only obligation according to the warranty is the free replacement or repair of the supplies or elements acknowledged defective by the printer, without any other service or compensation.
17.4 The actions performed as part of the warranty cannot extend its duration.
17.5 The Buyer cannot claim for any compensation, in case of the immobilization of the supplies due to the application of the warranty.
18.1 The conventional and legal warranties do not apply especially in case of:
If one of the clauses of these general terms and conditions of sale becomes null or void, no other clauses shall be rendered void as a result.
Any disputes related to the interpretation or execution of these terms and conditions shall be subjected to the exclusive jurisdiction of the Courts of the Provider’s head office. Any disputes of any kind whatsoever shall be subjected to the exclusive jurisdiction of the courts of the Provider’s head office, even in case of multiple defendants.