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GENERAL CONDITIONS OF USE AND SALE

 

These General Terms and Conditions of Sale hereafter the GTC are offered by Eloïneka Eloïse.P, Sole proprietorship, company registered with RM of Perpignan under number 7988161800020, whose registered office is located at 66740 Laroque des Albères belowaprès « SELLER »). THE SELLER offers, through its website https://shop.loeildeos.com below the « Site »), photographic prints, postcards, training courses, digital books, paper books below thes « Products and services» ). Each customer acknowledges having read, in a readable and understandable manner, these T & Cs as well as all the information necessary for the execution hereof, in accordance with Articles L.111-1 to L.111-8 of the Consumer Code, prior to the placing of his order and before any conclusion of his contract with Eloïneka, Sole proprietorship, company registered with the RM of Perpignan under the number 7988161800020.0.

 

 

1.APPLICATION AND OPPOSABILITY OF THE GTCS

These T & Cs apply to any use of the Site as well as to any order for Products and services by any customer, natural person, acting for purposes that do not fall within the scope of his professional activity or any customer, natural or legal person, acting as part of its commercial, industrial, artisanal or liberal activity hereinafter thee « Customer ») carried out on the Site, from 10/12/2020.

The purpose of these T & Cs is to define the conditions for ordering Products and services, and to determine the respective rights and obligations of each of the parties within the framework of the supply of Products and services.

Unless otherwise agreed in writing by the parties, these T & Cs take precedence over any contrary clauses resulting from previously drafted general conditions, and thus apply to the exclusion of any other agreement.n.

These T & Cs must be considered as an integral and essential part of the contract concluded between THE SELLER and each of its Customers.

These T & Cs are systematically notified to the Customer when ordering on the Site. Each Customer must necessarily read and accept them in order to be able to validate his order on the Site. This acceptance consists of checking the box corresponding to the acceptance sentence of these T & Cs, such as, for example,« I acknowledge having read and accepted all the general conditions of sale published on the Sitee ». Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer..

In the event of modification and / or adaptation of these T & Cs by THE SELLER, only the version in force on the day of the Customer's order on the Site will be validly applicable. The Customer will be informed of any changes made herein, upon subsequent connection to the Site, by a notification published on the Site.

The fact that THE SELLER does not take advantage, at a given time, of any one of the provisions of these T & Cs, cannot be interpreted as a waiver of its use later.t.

THE SELLER invites each Customer to carefully read these T & Cs, to print them and / or save them on any durable medium, before ordering any Product or service on its Site.

 

 

2. ACCESS AND AVAILABILITY OF THE SITE

THE SELLER offers free access to his Site, the Customer remaining in any event responsible for his computer equipment and his connection to the Internet, the costs of which are his responsibility.

Access to the Site can be made:

from a computer or an equivalent terminal having access to one or more telecommunications networks allowing access to the Internet network and browser software on the Internet network such as Internet Explorer, Mozilla Firefox, etc. ; ;

a telephone terminal with access to a telecommunications network allowing access to the Internet network connection 3G, 4G, Edge, wifi etc.).

THE SELLER makes its best efforts to make the Site permanently accessible, subject to the maintenance operations necessary for the proper functioning of the Site or the servers on which it is hosted. In the event of an interruption for maintenance, THE SELLER cannot be held responsible for the possible impact of this unavailability on the Customer's activities.t.

The Customer is informed of the technical risks inherent in the Internet and of the access interruptions which may result therefrom. Consequently, THE SELLER cannot be held responsible for any unavailability or slowdown of the Site..

The Customer is informed that the SELLER's servers are hosted by the company O2switch.

Any breach by the Client of the obligations incumbent on him under these T & Cs will be liable to lead to the suspension or prohibition of the Client's access to the Site.te.

 

 

3.MODALITIES OF CONCLUSION OF THE CONTRACT

Orders for Products or services are made through the Site.Site.

The holding of a personal user account is not provided for on the Site. Orders are placed without a user account..

The Customer chooses directly on the Site the Products or services he wishes to order. THE SELLER strives to provide visuals and descriptions that are as faithful as possible to the Products and services. However, these visuals and illustrative texts are not contractual, the Customer can not engage the responsibility of the SELLER in this respect. ce titre.

The Customer is required to provide a certain amount of information concerning him in order to validate his order. All orders must be duly completed and must contain this information strictly necessary for the order. The Client is responsible for the veracity, accuracy and relevance of the data provided.s.

The Customer may make changes, corrections, additions or even cancel his order, until it is validated on the order summary page, before payment.

 

 

4.PRICE AND TERMS OF PAYMENT

4.1.Price

Access to the Site and to the presentation of the Products and services is free for the Customer. Only the order of one or more Products and services will be subject to payment by the latter.nier.

The prices of the Products and services are mentioned on the Site in euros and all taxes included. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of the Products delivered and the services provided may vary depending on the place of delivery, the prices of Products for destinations outside the European Union not being subject to VAT. 

The prices of the Products and services and any additional costs linked to the order are indicated, in a clear and understandable manner, on the summary of the order.Before placing the order, the Customer is required to confirm this summary.

 

4.2 Terms of payment

The prices will be invoiced on the basis of the prices in force at the time of the order. An invoice summarizing all the Products and services ordered by the Customer as well as their respective cost will be systematically sent to the latter..

The Customer will pay the price directly on the Site, and imperatively before any realization by THE SELLER, and this, in accordance with the process provided for this purpose.

THE SELLER uses a secure payment system third party payments by Credit Cards provided by Stripe, and payments via Paypal

Payment by the Customer is a prerequisite for the validation of his order.

Failure to pay when due will automatically lead, without prior notice and automatically, to the suspension or invalidation of the Customer's order, without prejudice to any other course of action.ion

 

 

5.DELIVERY

The delivery costs relating to his order are indicated to the Customer before any payment of his order.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, THE SELLER undertakes in all cases to deliver the Products within a maximum period of 30 days after the conclusion of the contract.at.

However, products that require mailing are generally submitted to a carrier within 3 to 5 working days. This time does not include the delivery time.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the damaged delivery, Product missing from the delivery note, damaged package, broken or damaged Products, etc.…).

If the Customer's package is returned by Post or other postal service providers, THE SELLER will contact the Customer upon receipt of the returned package to ask him to follow up on his order. If the Customer has mistakenly refused the package, he may ask for it to be returned by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which the postage costs were offered at the time of the order..

Any delay in delivery with respect to the date or time indicated to the consumer Customer when ordering or, failing the date or time specified when ordering, greater than thirty days from the conclusion of the contract may result in the resolution of the sale at the initiative of the Customer, on written request from him by registered letter with acknowledgment of receipt, if after having ordered the SELLER to make the delivery he has not performed. The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.ce majeure.

 

 

6.RIGHT OF WITHDRAWAL

The Site only offers the sale of Products and services for which the right of withdrawal for Consumer Customers cannot apply, under article L.221-28 of the Consumer Code: Photographic prints.

The Customer acknowledges having read it prior to the sale in these GTC.

In particular, the Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressed an express waiver of his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not supplied on a physical medium whose execution began before the end of the withdrawal period with the Customer expressly waiving his right of withdrawal..

 

 

7.PRODUCT GUARANTEE

When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the 24 months following the delivery of the good.ien.

The legal guarantee of conformity applies independently of any commercial guarantee granted..

The consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; In the event that this warranty is implemented, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.ce.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with article 2232 of the Civil Code..

All the Products purchased on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:

 

7.1 Legal guarantee of conformity

According to articles L.217-4 et seq. Of the Consumer Code, the seller is required to deliver goods in accordance with the contract concluded with the consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.

However, when the defect has appeared within 24 months following this date, it is presumed to meet this condition. But, in accordance with article L.217-7 of the Consumer Code, the Seller can challenge this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked. In this regard, the Seller may analyze the disputed Product in order to determine whether or not the identified defect existed on the day of delivery of the Product to the Customer. On the other hand, after this period of 24 months, it will be up to the Customer to prove that the defect actually existed at the time of taking possession of the Product.t.

In accordance with article L.217-9 of the Consumer Code: in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.».

 

7.2 Legal warranty against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase and therefore do not result from the 'normal wear and tear of the Product for example, and are sufficiently serious the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have bought it at such a price if he had known of the defect.ut).

Complaints, requests for reimbursement for a non-conforming Product must be made by post or by email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the reimbursement procedure, in particular the return shipping costs of the Product, will remain the responsibility of the SELLER.UR.

 

 

8.RESPONSIBILITY

Each party assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party..

 

8.1 Customer responsibility

The Customer is solely responsible for the quality, precision, relevance and correctness of the information he provides on the Site for the purposes of his order. The responsibility of the SELLER can not be engaged in this respect.e.

The Customer is thus solely responsible towards the SELLER and, where applicable, third parties, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other publication communicated, transmitted or disseminated on the occasion of present, as well as any breach on its part of these contractual provisions.s.

The Customer is, moreover, solely responsible for the choice of the Products and services that he has ordered through the Site.e.

All Customers agree not to use the Site in contravention of all the laws, rules and regulations in force.r.

 

8.2 Responsibility of the SELLER

THE SELLER implements all measures to ensure the Customer the supply, under optimal conditions, of quality products and services. It assumes full responsibility for the Products and services that it offers and sells to Customers through the Site and will deal only with potential complaints relating to said Products and services.s.

THE SELLER cannot however be held responsible for any damage, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure..

THE SELLER ensures the proper functioning of the Site but can in no way guarantee that it is free from anomalies or errors and that it operates without interruption.tion.

THE SELLER cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the services of the access provider of the Customers, to those of the Internet network.et.

 

 

9.FORCE MAJEURE

Force majeure is defined as any event beyond the control of one of the parties and which cannot be reasonably foreseen at the time of the conclusion of these T & Cs. Such an event will be characterized when the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.ffets.

Neither party will be held responsible vis-à-vis the other for the non-performance or delays in the performance of an obligation arising from these T & Cs that are due to the other party as a result of the occurrence of a case of force majeure, as recognized and defined by French case law.

The case of force majeure suspends the obligations arising from these GCUS for the duration of its existence, and neither party may, during this period, validly claim the existence of such a case of force majeure within the meaning of article 1218 of the Civil Code. in order to justify the end of its contractual relationship with the other party. However, if the case of force majeure had a duration of existence of more than thirty 30 consecutive days, it would give rise to the right to the automatic termination of these T & Cs by one or the other of the parties, eight to eight days after the sending a registered letter with acknowledgment of receipt notifying this decision.écision.

 

 

10.INTELLECTUAL PROPERTY

The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, where applicable, of their respective owners from whom THE SELLER has obtained the operating permits..

THE SELLER remains the holder of all the intellectual property rights relating to his registered trademark, as well as all the intellectual property rights and copyright relating to any other distinctive sign belonging to him.nt.

Any reproduction and / or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and / or communication, in any form whatsoever, whether commercial or not, of all or part of the mark and / or of a work of the spirit original or data contained on the Site is strictly prohibited. The Customer also refrains from any action or any act likely to directly or indirectly infringe the intellectual property rights of the SELLER.UR.

 

 

11.PROTECTION OF PERSONAL DATA

The Customer is informed that his order for Products and services on the Site gives rise to the collection and automated processing of personal data concerning him by THE SELLER, the use of which is subject to the provisions of Law n 78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms, as amended by Law No. 2016-1321 of October 7, 2016 and European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to processing personal data and the free movement of such data, hereafter the GDPR.GPD »).

THE SELLER makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by THE SELLER and the rights which the Customer has with regard to this data. personal.s.

 

 

12.COOKIES

THE SELLER uses cookies to obtain statistical processing and improve the Customer's browsing experience.ent.

THE SELLER places a cookie on the Customer's computer with his prior consent. The Customer has the option of refusing cookies when he visits the Site. The retention period of this information on the Customer's computer is 13 months.s.

THE SELLER undertakes never to communicate the content of these cookies to third parties, except in the event of legal requisition.le.

The Customer may also oppose the registration of cookies by configuring their browser software. To do this, the Customer will configure his browser: :

 

 

13.HYPERTEXT LINKS

The Site may include hypertext links to other sites..

THE SELLER cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Customer would access through the Site. In addition, THE SELLER cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.s.

If, despite the efforts of the SELLER, one of the hypertext links on the Site points to a site or an internet source whose content was or appeared to a Customer not in accordance with the requirements of French law, the latter undertakes to immediately take contact with the director of the publication of the Site, whose contact details appear in the legal notices published on the Site, in order to communicate to him the address of the pages of the third party site in question. THE SELLER will then do what is necessary to remove the hypertext link concerned.é.

 

 

14.APPLICABLE LAW AND COMPETENT JURISDICTION

These CGUV are governed by French law.

In the event of a dispute to which these T & Cs or one of their clauses and / or the relations between the parties could give rise, the consumer Client can seize at his option, in addition to one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event. The Professional Client must apply to the Court in which the SELLER has its registered office.ial.

According to article L.612-1 of the Consumer Code, it is recalled that every consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.n ».

In accordance with ordinance n2015-1033 of August 20, 2015 and implementing decree n2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to article L.612-2 of the consumer code, may be the subject of an amicable settlement by mediation.on.

 

 

15.Customer Service

Customer service for this Site can be accessed by email at the following address: shop@loeildeos.com 

All rights reserved - December 10, 2020