Definitions
Seller: Mr. Arnaud Fonquerne
Email: hello [at] arnaudfonquerne.com
Website: the seller’s website where customers can place orders for products.
Product: all products that the seller may sell on the website, including photo prints, digital files, videos, books, planners, calendars, posters, etc.
Order: an order for products placed by the client with the seller through the website.
Terms.
These terms and conditions of sale apply to all orders of products sold by the seller on their website. The terms and conditions are available on the site and must be accepted by the customer prior to placing any order.
They apply in full to any order placed on the seller’s site, whether the customer is in France or abroad, regardless of the place of execution and/or delivery.
The seller and the customer agree that these terms and conditions govern exclusively their relationship.
Ordering
The customer has the option to place an order online using the provided form.
In order for the order to be validated, the customer must accept these terms and conditions by clicking in the designated area. They must also select the delivery address and method, and finally confirm the payment method.
Any order placed on the site implies an obligation to pay and constitutes acceptance of the prices and descriptions of the products available for sale.
In certain cases, such as payment failure, incorrect address, or other issues with the customer’s account, the seller reserves the right to block the customer’s order until the issue is resolved.
If the ordered product is unavailable, the customer will be informed by email. The cancellation of the order for this product and any potential refund will then be processed.
For any questions regarding the tracking of an order, the customer should send an email to: hello [at] arnaudfonquerne.com
Product Information
The products governed by these terms and conditions of sale are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered while stocks last.
Products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, the seller cannot be held liable.
Product photographs are not contractual.
Prices.
The seller reserves the right to revise prices at any time but commits to applying the prices in effect at the time of the order, subject to availability.
Prices are in euros and do not include delivery costs, which are shown separately before order confirmation. Prices include applicable VAT at the time of the order.
Full payment is required at the time of ordering. Payments are not considered deposits or partial payments.
Payment Methods.
Payment is made online through a secure payment system. The seller does not collect banking data and uses recognized banking institutions with adequate security. Payment by credit card is accepted.
The seller reserves the right to suspend order processing and delivery in case of refusal of card payment authorization or non-payment. The seller may refuse delivery or fulfillment of an order from a client with unpaid previous orders or ongoing payment disputes.
Product Availability – Refunds
Except in cases of force majeure or clearly announced store closures, shipping times are subject to stock availability:
France: 15 business days
International: 20 business days
If contractual deadlines are not met, the buyer may terminate the contract via registered letter. The seller must refund all amounts within 14 days.
If a product is unavailable, the client may cancel the order and choose a refund or exchange.
Delivery Terms.
Delivery occurs only after payment confirmation by the seller’s bank.
No deliveries to P.O. boxes.
Products are delivered to the address provided by the buyer at the time of the order. The buyer must ensure that this address is accurate. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, allowing the buyer to collect the package at the indicated location within the specified time frame.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items in the presence of the delivery person. If the items are damaged, the buyer must refuse the package and provide written, precise, and detailed remarks on the delivery note.
This verification is considered completed once the buyer, or an authorized person, has signed the delivery note. The buyer must then confirm these remarks to the carrier by registered mail within three (3) business days following receipt of the item(s) and send a copy of this communication to the seller via fax, email, or regular mail.
The seller undertakes to deliver photographs that conform to your order (quantity, type of print, format) and of high quality.
Electronic delivery of digital files is unprotected and unencrypted; the client accepts full responsibility for downloading files.
Complaints.
The customer must submit any claims regarding non-conformity or defects in the products, whether in nature or quality, directly to the seller.
Claims can be made by contacting: hello [at] arnaudfonquerne.com.
In the case 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, via registered Colissimo. Return shipping costs are the responsibility of the seller.
Product Warranty.
Products are covered by statutory conformity guarantees (Articles L211-4 et seq. of the French Consumer Code) and hidden defects (Articles 1641 et seq. of the Civil Code). Non-conforming or defective products will be refunded or exchanged.
The seller is not the producer of all products listed on the website.
Right of Withdrawal.
In accordance with the provisions of the French Consumer Code, and subject to the exceptions listed below, to exercise the right of withdrawal, the customer may send the standard withdrawal form found in Annex 2 of these general terms and conditions of sale to the address indicated in Annex 2. The customer may also exercise their right of withdrawal by any other clear statement to the seller, including by postal mail or email, expressing their intent to withdraw and specifying the order number.
From the date of communicating their decision to withdraw, either by sending the standard form or any other statement, the customer has a further period of fourteen (14) days to return any item that does not meet their expectations and request an exchange or a refund without penalty, except for return shipping costs, which remain the customer’s responsibility. In the case of an exchange, reshipping costs will be borne by the customer. Only products returned in their entirety, in their complete and intact original packaging, and in a condition suitable for resale will be accepted. Any product that has been damaged, or whose original packaging has been deteriorated, will neither be refunded nor exchanged.
The seller must refund the customer the total amount paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which the seller is informed of the consumer’s decision to withdraw. However, the seller may delay the refund until the goods have been received or until the customer has provided proof of shipment, the date of the first of these events being taken as the reference. It is specified that the right of withdrawal is excluded in accordance with Article L 121-21-8 of the French Consumer Code:
- For services that have begun before the end of the withdrawal period, provided that the seller has obtained the customer’s prior express consent on paper or durable medium;
- For the development of photographs or the production of films that are supplied according to the consumer’s specifications or are clearly personalized;
- For the supply of audio or video recordings or computer software when unsealed by the consumer after delivery.
Force Majeure
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations are considered grounds for exemption from those obligations and will result in their suspension.
The party invoking such circumstances must immediately notify the other party of their occurrence, as well as their cessation.
Force majeure shall include any events or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties, and which cannot be prevented despite all reasonably possible efforts. Specifically, in addition to those normally recognized by French courts and tribunals, the following shall be considered force majeure or unforeseen events: disruption of transportation or supply networks, earthquakes, fires, storms, floods, lightning, telecommunication network outages, or difficulties affecting telecommunication networks beyond the client’s control.
The parties shall work together to assess the impact of the event and agree on the conditions under which the contract will continue to be performed.
Propriété Intellectuelle.
The photographs created by the seller and sold on their website are and remain the intellectual property of the seller, in accordance with the provisions of Articles L 121-1 et seq. of the French Intellectual Property Code. The rights to the photographs provided on physical or digital media are strictly limited to private, personal use.
Any use of the photographs created by the seller beyond this scope and without their written authorization constitutes copyright infringement under Article L 335-2 of the same Code, and is punishable under this article by penalties of up to 3 years’ imprisonment and a fine of €300,000.
Partial Invalidity.
If one or more provisions of these general terms and conditions are held to be invalid or are declared as such pursuant to a law, regulation, or following a final decision of a competent court, the remaining provisions shall retain their full force and effect.
Non-Waiver.
The fact that one party does not enforce a breach by the other party of any of the obligations set forth in these general terms and conditions of sale shall not be interpreted in the future as a waiver of that obligation.
Governing Law and Disputes..
These terms and conditions are governed by French law.
Any dispute between the parties regarding their interpretation and/or performance shall, failing an amicable resolution, be submitted to the jurisdiction of the court chosen by the client.
Annex 1.
LEGAL WARRANTY OF CONFORMITY:
Article L211-4, French Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any non-conformity existing at the time of delivery. The seller is also liable for non-conformity resulting from packaging, assembly instructions, or installation when these have been the seller’s responsibility under the contract or carried out under their responsibility.
Article L211-5, French Consumer Code
To be in conformity with the contract, the goods must:
1. Be suitable for the use usually expected of goods of the same type and, where applicable:
• correspond to the description provided by the seller and possess the qualities presented to the buyer in the form of a sample or model;
• have the qualities that a buyer can legitimately expect given public statements made by the seller, the producer, or their representative, including in advertising or labeling;
2. Or have the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer and made known to and accepted by the seller.
Article L211-12, French Consumer Code
Actions arising from non-conformity must be brought within two years from the delivery of the goods.
Warranty Against Hidden Defects:
Article 1641, French Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for the intended use, or that so significantly reduce its usefulness that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.
Article 1648, paragraph 1, French Civil Code
Legal action for hidden defects must be brought by the buyer within two years from the date the defect is discovered.
Annex 2.
Withdrawal Form
(To be completed and returned only if you wish to withdraw from the contract)
To: [fill in]
[Name, Address, Phone, Email]
Je/nous (*) vous notifie/notifions (*) par la présente ma/notre (*) rétractation du contrat portant sur la vente du bien (*)/pour la prestation de services (*) ci-dessous :
Commandé le (*)/reçu le (*) :
Consumer Name(s):
Consumer Address(es):
Signature (only if submitting paper form):
Date