The present Terms and Conditions of Sale are entered into by, on the one hand, the ISP IMAGES company (trade name: ISLAND SPIRIT), located in 50, rue Bougainville 35400 Saint-Malo and registered in the French Trade and Companies Register (RCS) under SIREN number 822 789 954 (APE code 7420Z), hereinafter referred as the "Vendor",
and any person or entity wishing to purchase photographs from ISP IMAGES company’s website www.islandspiritphoto.com, hereinafter referred as the "User".
The present Terms and Conditions of Sale govern the sale of any product displayed on the www.islandspiritphoto.com website boutique by the ISP IMAGES company.
Any order duly confirmed on the islandspiritphoto.com website implies total acceptance without reservation of the present Terms and Conditions of Sale.
The present Terms and Conditions of Sale may be modified at any time. Any revised Terms and Conditions will be posted on the provider’s website, and will come into effect once posted. The Terms and Conditions applicable are those on line at the time of order placement.
If a condition is found to have been omitted it shall be governed by the procedures in place for the online sales sector for companies located in France. The ISP IMAGES company undertakes to comply with all laws and regulations applicable to it as defined by the Consumer Code relating to e-commerce.
ACCEPTANCE OF THE CONDITIONS
The User confirms that he/she is of legal age, and that he/she has the legal capacity or has parental consent enabling them to place an order on the website.
Placing an order implies unconditional acceptance of the prices and items offered for sale.
Upon the placing of an order, the User acknowledges that he/she has read, understood, and accepted in full all of the present Terms and Conditions of Sale. The validation of an online order implies acceptance of all conditions set forth herein and recognition of full knowledge thereof.
The present Terms and Conditions of Sale are intended to define the legal obligations binding the Vendor and the User, and governing the order procedure, payment, and product delivery.
They define all the stages necessary for placement of orders and tracking of said orders between the contracting parties.
Any User wishing to enter in contact with the Vendor can do so:
- by sending a message via the website’s Contact Form
- by sending a message to: contact((at))islandspiritphoto.com
- by calling this number: +33 (0)2 23 52 41 18
- by sending a postal mail to: ISP IMAGES - 50, rue Bougainville - 35400 Saint-Malo – France
ORDERS AND AVAILABILITY
The order may only be processed if the User is clearly identified by connecting to his/her account or by entering his/her surname, first name, e-mail and postal address during the online purchase process.
After receiving the order, the Vendor shall send confirmation to the User via email that the order has been recorded. It is recommended that the User keep a copy of this e-mail.
The ISP IMAGES company undertakes to fulfil orders received through the www.islandspiritphoto.com website. In case of the exceptional unavailability of an ordered product, the Vendor agrees to notify the User by e-mail and to reimburse the amount paid for his/her order.
However, the Vendor reserves the right to refuse any and all orders in the event of (a) ongoing dispute with the User or (b) abnormally large orders.
All prices on this website are indicated in euros, all taxes included, for the year 2018.
The Vendor reserves the right to change prices at any time, however any products ordered from the islandspiritphoto.com website will be billed at the rates in effect at the time of order.
Shipping charges are calculated automatically, and appear when the User selects the delivery location.
METHODS OF PAYMENT
Users can avail of three payment options:
- by credit card: CB, VISA, MASTERCARD or AMERICAN EXPRESS
- by online payment solutions: PAYLIB, PAYPAL or MASTERPASS
- by bank transfer
PROOF AND SIGNATURE
The final confirmation of the order shall constitute proof of completeness of said order in conformity with the provisions of the French Act of March 13, 2000 (Loi du 13 mars 2000), and shall constitute payability of the amounts of the articles entered on the order form.
Said validation shall constitute signature and express acceptance of all operations performed on the website.
The order shall be delivered to the shipping address specified by the User during the online buying process.
The User undertakes to check the physical condition of the goods upon delivery. In case of damage in transit, a claim must be made against the carrier. Article L.133-3 of the French Commercial Code (Code du commerce) provides that any protest for damage or partial loss must be notified by the consignee to the carrier within three days, not including public holidays, following the receipt of the parcel. This claim must be made by extrajudicial document or by registered letter.
Online orders delivered outside the EU may be subject to taxes and customs duties collected by some countries when the parcel reaches its country of destination. Such taxes and customs duties are solely payable by the User and fall under his responsibility. The Vendor is not required to verify and inform the User of taxes and customs duties applicable in those countries. We recommend the User to enquire the competent authorities of the country of delivery.
RIGHT OF CANCELLATION / RETURN
The User has a right of withdrawal of fifteen (15) days, as of the day of receipt of the order, to return the product(s) to the Vendor for exchange or reimbursement without justification or penalty.
For right of cancellation to apply, it is understood that the ordered items must not have been damaged or used in any way.
As part of his commercial approach, the Vendor undertakes to reimburse the User of the amount paid for shipping back the item(s) when they are shipped from metropolitan (mainland) France. However shipping costs for products returned from zones outside metropolitan France will be borne by the User.
Parcels may only be taken back where the sender’s name is clearly identified thereon.
Refund or reimbursement will be effected by the Vendor upon receipt of the returned item(s).
The User benefits from legal warranties enabling him to return any defective or damaged products purchased from the online boutique as defined under Articles L211-4 et seq. of the French Consumer Code (Code de la Consommation).
The User also benefits from the legal warranties stipulated in Article 1641 et seq. of the French Civil Code (Code Civil).
Products that have suffered deterioration from external events or accidents, as well as those altered or repaired, are excluded from warranty.
Before returning an item, the User is required to notify the Vendor in writing (using, for example, the website’s Contact Form).
The Vendor’s liability is limited to the refund or replacement of items recognised as defective or damaged before shipment. For items damaged during shipment, the Vendor’s liability can be incurred only if the use of deficient packing is proven.
The ISP IMAGES company has an obligation of performance for all stages of the order process as well as for services subsequent to the conclusion of the contract.
Thus, the Vendor undertakes to describe with the utmost accuracy the products sold by the islandspiritphoto.com online boutique.
The Vendor also undertakes to use all necessary means to protect the shipped items.
The Vendor cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including but not limited to interruption of service, external intrusion, or the presence of computer viruses.
The Vendor cannot be held liable in the case of a breach of contract due to the unpredictable or insurmountable acts of a third party, or in the case of a force majeure, as defined by French jurisprudence.
The User grants the Vendor, and only the Vendor, the right to use his/her personal data (name and e-mail) to inform him/her of potentially interesting services and promotional offers.
The User is hereby informed that he/she may elect at any time not to receive commercial or promotional messages via a request through the website’s Contact Form.
In accordance with the provisions of Act N°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (Loi Informatique et Libertés), the User is advised that he/she has the right to access, rectify, or delete information relating to him/her upon written request to the Vendor.
The User is hereby informed that the system of automatic processing of information, and in particular management of Users’ e-mail addresses, has been duly declared before the French Data Protection Authority (CNIL), registered under the number (declaration in process) on the (awaiting confirmation date).
The Vendor makes every effort to ensure the confidentiality and security of the data sent by the User. To this end, the islandspiritphoto.com website uses BNP Paribas’ MERCANET 3D Secure online transaction system, which encompasses the most powerful tools for protecting confidential information on the Internet. The User’s bank details are passed on in encrypted format only (latest SSL technology). ISLAND SPIRIT does not have access to this data at any time.
PRESERVATION AND ARCHIVING OF TRANSACTION
The computerised records of the ISP IMAGES company, stored in reasonably secure conditions, shall be considered by the parties as proof of the communications, orders and payments to have taken place between the parties.
Purchase orders and invoices are filed on a reliable and durable support constituting a true copy in accordance with the dispositions of Article 1348 of French Civil Code.
The present Terms and Conditions shall apply throughout the duration of the existence online of the services offered by the ISP IMAGES company.
SEVERABILITY OF CLAUSES
Should any provision of the present Terms and Conditions of Sale become null and void as a result of a change in legislation, regulations, or by virtue of a court decision, the other provisions of the present Terms and Conditions shall remain in full force and effect.
LAW AND JURISDICTION
The present contract is governed by French law. In the event of a dispute, French courts will have exclusive jurisdiction.