Terms and conditions of sale

General terms and conditions for the sale of products online to individual consumers

Preamble
These general terms and conditions of sale apply to all sales concluded on the Posters Photos website.

The website www.posters-photos.com is a service of :
- Self-employed entrepreneur Loïc Delplanque
- 23A rue Georges Cadoudal 56400 Pluneret , France
- website URL: https: posters-photos.com
- e-mail : l.delplanque@posters-photos.com
- telephone number: 0619297349

The Posters Photos website sells the following products: Posters. Limited edition photographs, photo reportage.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article I - Principles

These general terms and conditions express the entirety of the obligations of the parties. The buyer is therefore deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are accessible on the Posters Photos website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
These general terms and conditions of sale are valid until 01/01/2029.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the Posters Photos website.
These conditions only apply to purchases made on the Posters Photos website.
These purchases concern the following products: Posters. Limited edition photographs, photo reports.

Article 3 - Pre-contractual information

Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The buyer will be provided with the following information in a clear and comprehensible manner:

- the essential characteristics of the property ;
- the price of the property and/or the method of calculating the price;
- where applicable, any additional transport, delivery or postage costs and any other charges payable;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - The order

The purchaser may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. They must also enter a valid address and confirm the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after full payment has been received by the seller.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the purchaser may call the following telephone number: 0619297349 (cost of a local call), on the following days and at the following times: Monday to Friday from Sh to 19h, or send an e-mail to the seller at the following address: l.delplanque@posters-photos.com .

Article 5 - Electronic signature

The online provision of the purchaser's bank card number and the final validation of the order shall constitute proof of the purchaser's agreement:
- payment of sums due under the purchase order ;
- signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the seller using the Stripe online payment service cannot be held directly liable. The purchaser must contact the seller using the following e-mail address l.delplanque@posters-photos.com.

Article 6 - Order confirmation

The seller will provide the buyer with an order confirmation by e-mail.

Article 7 - Proof of transaction

Computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8- Product information

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.
Product photographs are not contractually binding.

Article 9 - Prices

The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
Les prix sont indiqués en euros. Ils tiennent compte des frais de livraison, qui sont gratuits. Le statut d’auto-entrepreneur entraîne directement une franchise de TVA : la TVA n’est pas facturée à nos clients. Il n’y a donc ni TVA collectée, ni TVA déductible et ni déclaration de TVA en auto-entreprise selon l’article « TVA non applicable, article 293B du CGI ».
If one or more taxes or contributions, particularly environmental, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Article 10 - Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
In order to pay for their order, purchasers have a choice of all the methods of payment made available by the vendor and listed on the vendor's website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

The price must be paid in full on the day the order is placed, in accordance with the following terms and conditions:
- credit card
- paypal
- Bancontact
- iDEAL
- SEPA direct debit

Article 11 - Product availability - Refunds - Rescission

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, delivery times will be as indicated below, subject to availability of stock. Delivery times run from the order registration date indicated on the order confirmation email.

Delivery

La livraison est gratuite quel que soit le pays !
Délai de livraison 5 à 9 jours ouvrés dans un emballage sécurisé. Les tirages et les impressions sont expédiés à plat dans une enveloppe sécurisée jusqu’à une taille maximale de 60 cm x 40 cm. Les tirages plus grands seront expédiés dans un rouleau en raison du format et de la production. L’affiche sera enroulée autour d’un rouleau pour éviter les risques de déformation, protégée par des papiers spécifiques, et le tout sera placé dans un carton rigide. Pour toutes questions, contactez: l.delplanque@posters-photos.com.

Please note: The certificate of limited edition is signed by hand, it will therefore be sent separately from delivery and free of charge.

Returns

Les retours ne sont pas acceptés, mais nous remplaçons votre œuvre en cas des problèmes suivants :

• Incorrect dimensions
• Wrong type of paper
• Incorrect margins
• Work damaged during delivery

Simply send us a photo of the damaged work. Once we have checked it, we will remove it immediately. This request must be made within 7 days of receipt.

For all correspondence, please send us an e-mail to l.delplanque@posters-photos.com specifying your order number. We will help you with this.

Article 12 - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. The purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site.

If the products need to be returned to the seller, a request for their return must be made to the seller within 7 days of delivery. Any claim made after this deadline will not be accepted.

Article 13 - Delivery errors

The purchaser must notify the seller on the day of delivery or, at the latest, on the first working day following delivery, of any claim of error in delivery or non-conformity of the products in kind or in quality compared to the information given on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option :

- by telephone at the following number: 0619297349 ;
- by e-mail to the following address  l.delplanque@posters-photos.com .

Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the buyer.

On receipt of the complaint, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo to the post office of your choice, at the following address: 23A rue Georges Cadoudal, 56400 Pluneret.

Return postage is at the seller's expense.

Article 14 - Product warranty

14-1 Legal guarantee of conformity

The seller guarantees that the goods sold conform to the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code.
In the event that the legal guarantee of conformity is invoked, please note that :
- the buyer has a period of 2 years from delivery of the goods in which to take action;
- the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the French Consumer Code ;
- the buyer does not have to provide proof of the non-conformity of the goods for 24 months in the case of new goods (12 months in the case of second-hand goods), following delivery of the goods.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is up to the buyer to prove that the defects existed when the goods were sold and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect.
The buyer may choose between rescission of the sale or a reduction in the price in accordance with 1 article 1644 of the French Civil Code.

Commercial guarantee

The products sold are also covered by a commercial warranty designed to guarantee their conformity and to ensure reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

Article 15 - Right of withdrawal

Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs which remain payable by the purchaser if the product contains no defects but is no longer suitable for the purchaser for a personal reason. In the event of a defect, the return costs will be borne by the seller. A new print will then be offered free of charge or a full refund (including postage).
Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be sold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal can be exercised online, using the following form contact available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions

Under Article L221-2S of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- the supply of goods whose price depends on fluctuations in the financial market outside the trader's control and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- the supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection:
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages where delivery is deferred for more than thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader ;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not provided on a tangible medium, where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, who alone holds the intellectual property rights to this content.
Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 18 - Data protection

The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation of invoices.
It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the posters-photos website.

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 23 - Mediation and settlement of disputes

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and e-mail address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These terms and conditions are governed by French law. The competent court is the court of law.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The following personal data are collected on this site:
- opening an account : when the user's account is created, their surname, first name, e-mail address, telephone number, postal address and behaviour on the site
- connection : when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;
- profile : using the services provided on the website allows you to fill in a profile, which may include an address and telephone number;
- payment : when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication : when the website is used to communicate with other members, data relating to the user's communications is stored temporarily;
- cookies : Cookies are used to use the site. Users can deactivate cookies using their browser settings.

Use of personal data

The personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes
- access and use of the website by the user ;
- managing the operation and optimisation of the website;
- organisation of the conditions of use of Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility of communicating with other users of the website;
- implementation of user support ;
- personalise services by displaying advertisements based on the user's browsing history and preferences;
- prevention and detection of fraud, malicious software and management of security incidents;
- managing any disputes with users;
- sending commercial and advertising information based on the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, the website works with third-party banking and financial companies with which it has signed contracts in order to implement these services;
- when the user publishes information accessible to the public in the free comment areas of the website;
- when the user authorises a third party's website to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to respond to claims made against the website and to comply with administrative and legal proceedings;
- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: l.delplanque@posters-photos.com .
- the right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- the right to delete data: users may request the deletion of their personal data,
in accordance with applicable data protection laws.
- the right to restrict processing: users may ask the website to restrict the processing of personal data in accordance with the assumptions set out in the RGPD.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
- the right to portability: they can request that the website return their personal data to them so that it can be passed on to a new website.

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail at least 15 days before the effective date. If users do not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

Appendix :

Consumer Code

Article L. 217-4 : "The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility".

Article L. 217-5 : "The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so:
- it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model:
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-6 : "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".

Article L. 217-7 : "The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L. 217-8 : "The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies if the defect is due to materials supplied by the buyer.

Article L. 217-9 : "However, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10 : "If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use they are seeking. However, the sale may not be rescinded if the lack of conformity is minor.

Article L. 217-11 : The application of the provisions of articles L. 217-9 and L. 217-10 shall be at no cost to the purchaser. These same provisions do not preclude the award of damages.

Article L. 217-12 : "Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-13 : The provisions of this section do not deprive the purchaser of the right to bring an action arising from redhibitory defects as set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law.

Article L. 217-14 : "The final seller may bring an action for recourse against successive sellers or intermediaries and against the producer of the tangible personal property, in accordance with the principles of the Civil Code.

Article L. 217-15 : "A commercial guarantee is any contractual commitment by a trader to a consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the guarantee, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of it. " 

Article L. 217-16 : "When the purchaser asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.

Civil Code

Article 1641 : "The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.

Article 1648 : "An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the apparent defects or lack of conformity".