CONDITIONS OF SALE

The present conditions of sale are concluded on the one hand by the company PHOENIX PHOTO (SAS with the capital of 1.000 Euros, whose registered office is 27 rue du gros Murger 95220 Herblay, registered with the RCS of Pontoise under number 810 167 841, VAT intra-Community FR46810167841) hereinafter referred to as "PHOENIX PHOTO" and secondly, by any natural or legal person hereinafter referred to as "the buyer", wishing to make a purchase via the merchant website https: // mesphotos .phoenix-photo.fr hereinafter referred to as "the merchant site".

1. Information
2. Characteristics of goods and services offered
3. Rates
4. Geographical area
5. Orders
6. Rétraction
7. Terms of payment
8. Deliveries
9. Warranty
10. Liability
11. The customer account
12. Personal Data
13. Archiving - Proof
14. Dispute Resolution
15. Customer Service

1. Information

It is previously specified that the present conditions exclusively govern sales through the merchant site https://mesphotos.phoenix-photo.fr and include its access via other possible Internet addresses (URL) set up by the company PHOENIX PHOTO .

The terms of sale are intended to define the contractual relationship between the company PHOENIX PHOTO and the buyer and the conditions applicable to any purchase made on the merchant site, whether the buyer is professional or consumer.

The acquisition of a good or a service through the present commercial site implies an acceptance without reserve by the purchaser of these conditions of sale.

These conditions of sale shall prevail over any other general or special conditions not specifically approved by the company PHOENIX PHOTO for the merchant site. These conditions apply to the exclusion of all other conditions, in particular those in force for the contracts with the customers and professional partners of the company PHOENIX PHOTO.

The company PHOENIX PHOTO reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

2. Characteristics of goods and services offered

The company PHOENIX PHOTO offers for sale an exclusive and original service allowing the customer to access via the Internet, thanks to a unique code assigned during the shooting, to photographs taken on his express agreement by professional photographers, and acquire them by downloading or printing via a secure purchase process on https://mesphotos.phoenix-photo.fr.

The products and services offered for sale online are only those listed in the catalog of the commercial website of the company PHOENIX PHOTO the day of the order.

These products and services are offered for sale for a period of two months from the delivery of the bracelet bearing the Internet access code of PHOENIX PHOTO.

This period will be increased to one year in case of connection of the bracelet holder to his photo gallery.

The photographs posted online are only accessible via a unique code given to the buyer when taking the photograph and activated when purchased in the shop. This unique code, a combination of eight digits, guarantees the customer the confidentiality of the information and photographs kept by the company PHOENIX PHOTO. All additional information is available from customer service.

3. Rates

The prices listed in the catalog of the merchant site are prices inclusive of VAT taking into account the VAT applicable on the day of the order; any change in rates may be reflected in the price of the products or services. The intra-community VAT number of PHOENIX PHOTO is FR46810167841.

The rate in effect is the one indicated in the catalog, the day of the order, except typographical error, and applies only on the merchant site. Similarly, promotional offers are valid only for the duration indicated and their publication on the site.

Prices quoted include the price of the product as well as handling and packaging costs specific to the management of the merchant site. They do not take into account shipping costs that may be charged extra and the amount is clearly specified to the buyer during the final validation of his order. The buyer can obtain directly on the site, during his order, an estimate of these shipping costs and the overall cost, but only the amount indicated on the purchase order at the time of validation is applicable.

Due to fluctuations in the financial markets and in parity with the YEN and the US dollar, PHOENIX PHOTO reserves the right to modify its prices at any time, provided however that the price appearing on the order form and validated by the buyer at the time of payment is the only applicable for the order concerned.

The shipping costs are calculated automatically according to the weight of the package and are variable depending on the delivery area. For all products shipped outside the European Union, customs duties and various local taxes may be payable. The buyer undertakes to pay the agreed price, as well as to pay or to pay, if necessary, and directly to the forwarder or carrier, customs duties, VAT or other taxes due on the occasion of the importation of products in the country of the place of delivery.

4. Geographical area

The online sale of products and services presented on the site is reserved only for buyers who reside in the countries offered on the merchant site and for deliveries required in these geographical areas.

PHOENIX PHOTO Company reserves the right not to honor an order for a country in which it does not have a specific delivery system, or in which there are specific local regulations on its products.

5. Orders

The buyer who wants to buy a product or a service must:

- complete the online order form giving all the references of the selected products or services using the tools available on the merchant site to manage his basket;

- complete the identification form on which he will indicate all the requested details;

- Validate your order after having checked the order form posted on the site or, if necessary, correcting your typing errors by returning to the forms before validating;

- make the payment in the prescribed conditions;

The confirmation of the order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and waiver of its own conditions of purchase or other conditions.

All data provided and the recorded confirmation are proof of the transaction. The confirmation is worth signing and acceptance of the operations carried out. It is recalled that in accordance with the Civil Code, the validation of the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The confirmation of the registered order is sent by e-mail after validation of payment to the e-mail address specified by the buyer.

6. Rétraction

Sales made on the site https://mesphotos.phoenix-photo.fr are subject to the withdrawal period of distance sales only to the extent and conditions detailed below:

· The sales made by download of the data are firm and final, and can not give rise to cancellation or retraction

· Sales of photographs on SCELLES digital media can not be revoked if the media has been unsealed

· The paper prints constituting products "clearly personalized" within the meaning of the article L 121-20-2 of the Code of the consumption, will give rise to complaint only with charge for the purchaser to demonstrate an insufficient quality of the drawings it will ship for review at https://mesphotos.phoenix-photo.fr.

In this case, https://mesphotos.phoenix-photo.fr will perform or will make new prints

In the event that the delivered product does not correspond to the initial order, the company PHOENIX PHOTO undertakes to send him the ordered product at no additional cost or to refund the customer as soon as possible.

The PHOENIX PHOTO Company reserves the right to refuse any order in case of existing dispute with the buyer: non-payment total or partial of a previous order, refusal of authorization of payment by bank card of the banking organizations.

7. Terms of payment

The price is due when ordering. Payments are made by credit card (accepted cards are those offered on the site); they are made through the secure CM-CIC system that uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and that no third party can read it during the transport on the network.

CM-CIC ensures that the credit card number of the buyer is known only to CM-CIC and is not sent to PHOENIX PHOTO. CM-CIC also ensures that the payment is sent to the company PHOENIX PHOTO which has been clearly authenticated beforehand by CM-CIC.

When payment is accepted, a payment receipt is emailed to the e-mail address specified by the buyer. If payment is refused, the order is canceled.

8. Deliveries

The digital files are made available to the buyer on the site https://mesphotos.phoenix-photo.fr. Files are immediately and directly downloadable through the buyer's gallery

In the event of a subsequent order on digital and / or paper, deliveries are made to the postal address indicated by the buyer in the order form; this can only be in the geographical area and for the total weight of the agreed package.

The risks are the responsibility of the purchaser from the moment the products left the premises of the company PHOENIX PHOTO. In case of damage during transport, the reasoned protest must be made to the carrier within three working days of delivery and a copy must be sent to the customer service of PHOENIX PHOTO.

The company PHOENIX PHOTO undertakes to process the order no later than 7 working days from receipt of the order form and acceptance of payment.

In the case where the carrier offers a parcel tracking service, all information to implement this service will be provided to the buyer.

Delivery times are given by the carrier and incurs his responsibility.

The PHOENIX PHOTO company declines any responsibility in case of delay not respected by the conveyor or the absence of the addressee to the address indicated or if the address provided by the purchaser turns out to be erroneous or unknown of the postal services.

9. Warranty

All products provided by the company PHOENIX PHOTO benefit from the legal guarantee provided by articles 1641 and following of the Civil Code, to the exclusion of any other guarantee. This warranty applies only to the support of photographs and / or computer files, with the exception of any guarantee concerning the shooting. Regarding the shooting, the buyer expressly acknowledges for this purpose having given his prior consent to the shooting, and have viewed the photograph prior to its acquisition.

10. Liability

The products and services offered comply with the European legislation in force and the applicable standards in the EEC. The company PHOENIX PHOTO in the process of selling online, is held only by an obligation of means. Liability can not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, service interruption, or other unintended problems. Similarly, access to any other site via the merchant site does not engage the responsibility of the company PHOENIX PHOTO.

11. The customer account

To place an order, the buyer must register his details (billing and delivery addresses, contact e-mail, ...). This personal information is used solely for the processing of orders and by the internal services of PHOENIX PHOTO (see Personal Data).

It is clearly stipulated that the bank details are not recorded on this customer account. For each new order, the buyer must provide the information of his credit card via the payment interface of the secure system (see Terms of payment).

12. Personal Data

In accordance with the law relating to data, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing.

PHOENIX PHOTO undertakes not to disclose to third parties the information provided by the buyer; these are confidential. They will only be used by its internal departments for the processing of orders, as well as to personalize the communication and strengthen the product offering reserved for PHOENIX PHOTO customers.

Sending e-mail to the buyer outside the processing of his order is subject to his authorization; he can exercise his right of opposition to the sending of any new message by contacting the customer service of the company PHOENIX PHOTO. No email address is sold, given, transferred or exchanged.

13. Archiving - Proof

The PHOENIX PHOTO company will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

The computerized records of the company PHOENIX PHOTO will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

14. Dispute Resolution

The present conditions of sale on line are subjected to the French law. The language of this contract is French; any translation present on the site is given as an indication. In case of dispute, the French courts will have sole jurisdiction; in particular, jurisdiction will be attributed to the Pontoise District Court (95).

15. Customer service

For any information or question, the customer service of the company PHOENIX PHOTO is available to users of the merchant site. The return of parcels must be made to the postal address of the customer service.

PHOENIX PHOTO
Service Client
27 rue du gros Murger 95220 Herblay
E-mail : contact@phoenix-photo.fr