These General Terms and Conditions of Sale define the relationship between Aurélien PIERRE, hereinafter referred to by the term “Photographer”, and the Customer of the photo.aurelienpierre.com site shop referred to below by the term “Customer”.
#1. About - Legal notices
The Photographer carries out his activities under the status of self-employed worker and makes original photographs from personal projects of which he sells prints on physical media :
- art prints in limited series, numbered and signed,
- standard prints in large series,
- books, brochures and monographs.
He also offers annual subscriptions allowing access to original photographs presented on the photo.aurelienpierre.com site.
#2. Definition of products
Here are called “fine art prints” prints on high-end photo paper produced under the control of the Photographer from digital files in series limited to 30 signed and numbered copies.
Standard prints” are prints on high-quality photo paper (similar to fine art prints) made on the instructions of the Photographer but without his direct control, in unlimited series.
“Subscriptions” are access to multimedia content via the Internet for a fixed annual fee.
The prices indicated on the site are in euros, all taxes included, excluding reductions. The contractual prices are those indicated on the page ” Order ” at the time of the validation of the order.
The selection of products to add to the order is made on the pages of the site. The products can then be deleted on the ” Shopping Cart ” page. On this page, the Customer can optionally apply discount codes.
When making the payment, the Customer is redirected to the PayPal.com site. The transactions are managed only via the secure interface of PayPal, the Photographer has no access to or keeps any banking information of the Customer.
The Order constitutes acceptance of these General Conditions of Sale.
#5. Terms of payment
All payments take place on the PayPal.com platform where the Customer can pay the amount of his order with his credit card or with the balance of his PayPal account.
Prices shown are displayed in Euros but all currencies are accepted through PayPal. The conversion of other currencies to the euro is done at the current exchange rates by PayPal at the time of payment.
Payment for subscriptions is automatically renewed at the end of the subscription period. The Customer who wishes to cancel his subscription must imperatively proceed with the operation before the tacit renewal date.
#6. Legal guarantee of conformity
As works of art, fine art prints are deemed to be delivered in accordance with the Photographer’s original intent. No claim will be accepted for any visual difference between the physical print and its preview on the photo.aurelienpierre.com site. The attention of the Customer is drawn to the fact that consumer computer screens modify colors and contrasts and that the previews displayed on the product pages, therefore, have no contractual value.
The Photographer is not responsible for any differences of less than 8 mm between the dimensions of the prints and the dimensions announced in their description on the photo.aurelienpierre.com website. The attention of the Customer is drawn to the fact that certain photochemical printing processes (in particular on baryta paper) can generate a retraction of the paper in a random and unpredictable manner.
The Photographer disclaims all responsibility for the prints lasting less than the time indicated in their description on the site photo.aurelienpierre.com, particularly with regard to the colourfastness. The attention of the Customer is drawn to the fact that the lifetimes indicated on the site are based on laboratory tests carried out by the manufacturers assuming a print exposed under glass, indoors, receiving an average brightness, for a period of 8 h per day. These values are purely indicative, non-contractual, and vary according to climatic conditions, humidity and lighting to which the prints are subjected.
The Photographer guarantees that the prints conform to the description and presentation made on the photo.aurelienpierre.com site, with the exceptions stated above.
#7. Withdrawal and refund
Regarding the sale of prints, the Customer has a withdrawal period of 14 days from receipt of his print, without having to justify his choice. In case of withdrawal, he must inform the Photographer (contact form) who will indicate the terms of the return. The amount of the sale will then be fully refunded upon receipt of the returned parts, less bank charges by PayPal and less customs charges if applicable. Returned parts must be in good condition otherwise they will not be refunded. The delivery costs for returns are the responsibility of the Customer.
In the event of poor workmanship or degradation of the prints upon receipt, the Customer has a period of 3 days from receipt of the prints to communicate with the Photographer, in order to find an arrangement with the drawer as soon as possible. An exchange or a refund will then be made, in conjunction with the printer if necessary.
Regarding the sale of subscriptions, the Customer has a withdrawal period of 14 days from payment. The Customer who terminates his subscription after the withdrawal period and before the end of the subscription will not be refunded.
Standard print deliveries are made from Germany to Canada, France, Germany and the UK. Signed print deliveries are made from France or Canada to Canada, France, Germany and the United Kingdom. Customs costs are the responsibility of the Customer if applicable.
For deliveries to any country other than those mentioned above, please contact the Photographer (contact form) to study the available options.
#9. Processing times
For standard prints, processing times can be up to 3 weeks from payment of the order until delivery to the Customer.
For signed art prints, processing times can be up to 6 weeks from payment of the order until delivery to the Customer.
#10. Privacy and confidentiality
The photo.aurelienpierre.com site collects personal information about the Customer for each transaction, and in particular :
- his/her/their name,
- his/her/their postal address, e-mail address, telephone number,
- the history of its old orders.
The Customer’s bank details do not pass through the photo.aurelienpierre.com site but only through PayPal.com.
In accordance with the law, the names and addresses of the Customers who have purchased signed art prints are kept indefinitely, for authentication purposes in particular. The recorded data is not used for commercial purposes or transferred to third parties.
The photo.aurelienpierre.com website database is declared to the CNIL in France under number 1640702.
#11. License and copyright
The Customer acquires the right to represent the purchased prints, including in public and for a fee. The Client’s rights on the print are exclusively on its material support and not on the represented photograph.
The purchase of a print does not constitute a transfer of copyright and does not give the Client the right to copy and distribute the represented photograph. The intellectual property of the image remains with the Photographer.
#12. Limitation of liability
The Photographer disclaims all responsibility for any technical problems that could hinder the sale or consultation of the site, such as unavailability of the network, the PayPal server or any other event beyond its control.
The website is tested with the latest versions of Mozilla Firefox, Google Chrome and Opera browsers, no support is offered under Microsoft Internet Explorer / Edge or Apple Safari.
The publication frequencies mentioned in the description of the subscriptions are indicative and not contractual. The Photographer declines all responsibility in the event that the frequency of publication is lower than that announced, particularly in the event of illness, accident, or a budget deficit making it impossible to hire models.
The Customer agrees not to copy, reproduce or redistribute the photographs on the site. He undertakes not to undermine the integrity of the information system, particularly the webserver and the email server. He undertakes to respect the anonymity and privacy of the models, and in particular not to seek to find anonymous models via social networks. The Customer agrees to respect the models, and in particular not to harass them on social networks.
Any Customer who contravenes these conditions will have his account closed immediately without refund of any subscriptions that may be in progress.
#14. Applicable law
These General Conditions of Sale are subject to Canadian-Quebec law.
The protection of private data and the content presented on the site photo.aurelienpierre.com are subject to French law.