Our general sales conditions
ARTICLE 1 GENERAL
The conditions below are between the seller Photoby and the buyer who must not be a minor.
Placing an order for the products sold here means that the buyer has read, understands and agrees to all the present conditions. By confirming the order in any way (online, fax, mail, phone…) the buyer is placing a definite order with Photoby. The buyer or the recipient will accept the delivery of the shipment.
The data saved by the site www.photoby.fr and www.photoby.eu are the proof of the transactions made between the buyer and Photoby. The data saved by the payment system are the proof of the financial transactions.
ARTICLE 2 EXPORTING/ IMPORTING
Regarding any items shipped outside of France: the buyer is the importer of the items, which may be subject to customs taxes and duties. Those fees are fully at the buyer’s expense, therefore the buyer is responsible for checking the importing conditions and formalities in his country.
ARTICLE 3 TIMES FOR PROCESSING ORDERS
Regardless of the payment method, orders will only be processed after payment has been received in full, including shipping costs. In the case of payment by cheque, the order will stay on hold until the cheque is received and payment is confirmed, which can sometimes delay the process.
Photoby is committed to processing the order in a timely manner, and it usually takes about a week before it is shipped.
However if the print is needed in a shorter time, please contact us, we will do our best to fulfill your needs.
If the items ordered are not available or if processing delays will be exceptionally long, Photoby will inform the buyer as soon as possible. The buyer will have the choice to either change the order or be reimbursed for the amount already paid, without being entitled to any other damage compensation.
ARTICLE 4 PRINTS
The buyer fully understands and accepts that, due to reproduction techniques, the photographs presented on this website, viewed on a computer screen, may differ slightly in color, contrast, etc from the photographs printed on paper.
ARTICLE 5 TRANSPORTATION TIMES
Transportation is handled by La Poste (France’s postal service), using the Colissimo service.
The buyer can track his shipment on La Poste’s website : www.laposte.fr/colissimo , unless La Poste makes it unavailable.
The order is delivered to the delivery address indicated by the buyer on his order form.
Transportation times are only given as an indication. Potential delivery delays do not give the buyer the right to cancel an order, to refuse it or demand compensation. Photoby cannot be held responsible for any consequences due to delays that occur during transportation.
ARTICLE 6 RECEIVING YOUR SHIPMENT
Photoby is committed to packaging the items for protection against damages.
The recipient must check the condition of his package at the time of delivery before he signs for it.
If the package looks damaged or bad condition, the recipient must refuse it and claim a written report of damage. This must be done at the time of delivery.
If the recipient accepts the package as is, or does not demand the written report of damage, no claim can be made later.
The recipient must email Photoby within 48 hours at contact@photoby.fr and describe the problem in details.
ARTICLE 7 ITEMS RECEIVED
In the case that the items do not correspond to the order, Photoby will refund or exchange.
To make a claim and before returning anything, the buyer must contact Photoby at contact@photoby.fr within 15 days of the delivery. Any claims made after this period will not be accepted.
Items must be returned to Photoby in perfect condition and in their original packaging, using a safe courrier that delivers with a signature.
Items returned incomplete, broken, damaged or dirty (dents, fingerprints or marks of any other nature on the prints…) will not be accepted.
ARTICLE 8 TRANSFER OF RISK AND PROPERTY RIGHTS
The transfer of risk to the buyer takes place when the shipping company makes the shipment available to the recipient.
All items sold remain the property of Photoby until total payment.
ARTICLE 9 PRICES
The prices applicable to an order are those mentioned on the order, on the date that the order is confirmed.
Prices are indicated in Euros and all taxes included (article 293b of the CGI).
All orders are payable in euros no matter their final destination.
ARTICLE 10 AVAILABILITY
Items and prices are valid for as long as they are shown on the website, within the limits of availability.
ARTICLE 11 CONFIRMATION OF AN ORDER BY EMAIL
Photoby is committed to sending the buyer an email confirming all the elements of his order. The buyer is required to provide Photoby with a valid email address when placing his order.
ARTICLE 12 PAYMENT
Buyers can pay for their orders with several methods of payment:
By credit cards on the website via Paypal. Cards accepted: CB, Visa, and MasterCard.
By wire transfer: the necessary informations are given when placing the order.
By cheques in euros, only with a French bank, made out to Photoby, and sent to:
Photoby, 11 Chemin de la Prison, 85600 Saint Georges de Montaigu, France.
ARTICLE 13 REFUNDS
In case of a refund by Photoby to the buyer, Photoby will choose the payment method, either by crediting the credit card used for the original order, or by cheque to the buyer who placed the original order. The refund will take place within 30 days after the items involved are returned and Photoby has accepted them as being in good condition.
The shipping costs and return shipping costs remain the responsibility of the buyer.
ARTICLE 14 CANCELLATION PERIOD
According to the article L.121-20-2 of the French Consumer Code, the buyer has a period of 7 days after the order has been made available to him by the shipping company, to use the right of retractation, for the products which are not specially made to the specifications of the buyer.
This right excludes any special orders made to the specifications of the buyer or if the buyer is a company. Photoby will reimburse the buyer or exchange the items.
They have to be sent back in perfect condition, using the original packaging, or Photoby will not accept them. Return shipping fees are at the charge of the buyer.
ARTICLE 15 PAYMENT SECURITY
The website is secured by a system characterized by an encryption procedure (SSL).
ARTICLE 16 CUSTOMER SERVICE
Our customer service is available at:
Email: contact@photoby.fr
Phone: 33 (0)2 51 07 51 97
Address: Photoby - 11 Chemin de la Prison, 85600 Saint Georges de Montaigu - France
ARTICLE 17 INTELLECTUAL PROPERTY
All the photographs, texts, works, illustrations, designs, graphics, videos, logos, and trademarks presented on this website are covered by copyrights and intellectual property rights applicable in France and worldwide. Total or partial reproduction of any content on the website, including the photographs, is strictly forbidden.
Any reproduction, representation, use, adaptation, modification, incorporation, translation, sale, partial or total, of any content of the site, constitutes a non-respect of copyrights and intellectual property.
Indeed the rights of the buyer regarding the items bought at Photoby are strictly limited to private use, and they exclude the rights of reproduction or representation.
ARTICLE 18 RESOLUTION CLAUSE
In case of a payment not honored, the sale will be cancelled without any formal notice and the cost already committed by Photoby to the placement of the order (including the production costs and the transportation costs) will be due immediately.
Photoby can cancel an order if the buyer cannot guarantee the payment in full or if there is a risk of insolvency. In this case, the buyer will not be entitled to any compensation.
ARTICLE 19 RESPONSIBILITY
Photoby cannot be responsible for an unfulfilled or delayed order in the case of an unforeseen major event or causes of a foreign nature.
Photoby is not responsible for the use of the items sold.
ARTICLE 20 PERSONAL INFORMATION
Some customer informations are necessary for managing orders, customer database, shipping and payments. So they may be communicated to the companies involved in those matters, e.g. shipping company and bank.
According to the Law of January 6th, 1978 “data files and freedom”, buyers have the right to access and correct their personal details. To do so, please contact Photoby.
ARTICLE 21 APPLICABLE LAW
This contract is subject to French law.
LEGAL MENTIONS
Editor: PHOTOBY www.photoby.fr www.photoby.eu
Fanchon LAVIGNE
11 Chemin de la Prison, 85600 Saint Georges de Montaigu - France
Siret: 494 412 604 00022
RCS La Roche sur Yon
Customer service: 33 2 51 07 51 97, from France 02 51 07 51 97
Photoby will do its best to make sure that the informations on the photoby.fr are accurate and up to date, and has the right to modify its content at any time without notice.
Photoby is not responsible for any interruption of the site, or the presence of computer bugs, inaccuracies, or damages resulting from the fraudulent use by a third party causing the presentation of wrong informations on the site.