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ARTICLE 1. INTRODUCTION
These Terms and Conditions and Annexes governing purchases CUSTOMERS products distributed by the Company PHOTOCINESHOP.
They are concluded between:
• The company PHOTOCINESHOP SARL with capital of 1,000 euros, registered with the RCS PARIS under the number B 795 178 573, having as VAT number: FR84 795 178 573 whose registered office is located at 8 Rue de l'hôpital Saint-Louis - 75010 Paris
Hereinafter referred to as "PHOTOCINESHOP"
• The CLIENT established consumer on the other hand TERRITORY
Hereinafter referred to as "CLIENT"
The CUSTOMER shall be collectively referred PHOTOCINESHOP PARTIES.
All orders placed with the CLIENT PHOTOCINESHOP implies unreserved acceptance by the Customer of these Conditions of Sale and its annexes.
ARTICLE 2. DEFINITION
The terms used below have, in the present general conditions of sale, the following meanings:
• "CUSTOMER" means the party contracting with PHOTOCINESHOP, individual age and capacity, which guarantees you quality consumer as defined by law and French law.
• "CONTROL" means the process by which the CLIENT undertakes, in return DELIVERY PRODUCTS price corresponding to pour;
• "ACCOUNT": refers to the interface which is in grouped data set provided by the CLIENT. These data include information on the CLIENT as particular email address, the state of its transactions, PRODUCTS purchased through the SITE. It is stated that MIND can be an assignment to a third party.
• "AGREEMENT" means this document and its annexes, the INVOICE and any modifications thereto subsequently signed by the PARTIES;
• "Invoice" means the contractual document provided by PHOTOCINESHOP which appear on the final price of the ORDER;
• "Delivery" means the first presentation PRODUCTS controlled by the CLIENT to the delivery address when ordering.
• "PRODUCTS" means all of the products available on the SITE.
• "SITE" means the platform available at www.photocineshop.fr / en / sale on which the CLIENT can view and order PRODUCTS;
• "TERRITORY" means metropolitan France (including, Corsica).
• "VISITOR" means any person connecting to the SITE.
ARTICLE 3. OBJECT OF THE CONTRACT
This AGREEMENT is intended to establish the contractual rights and obligations of the CLIENT and PHOTOCINESHOP within the past CONTROLS on the SITE.
The CONTRACT as well as indications of COMMAND, CONTROL when it is accepted by PHOTOCINESHOP, are the only contractual obligations and PHOTOCINESHOP CLIENT.
ARTICLE 4. NATURE OF THE CONTRACT
The AGREEMENT shall in no case confer CLIENT quality employee, representative, agent or representative of PHOTOCINESHOP.
The PARTIES further declare that the CONTRACT shall in no circumstances be regarded as an act constituting a legal person or any legal entity, and any form of "affectio societatis" is formally excluded from their relationships.
ARTICLE 5. MODIFICATION OF TERMS AND CONDITIONS
General conditions of sale apply throughout the duration of on-line PRODUCTS.
PHOTOCINESHOP may change at any time.
These changes will be effective immediately after they are posted on the SITE.
Only general sales conditions published on the day of CONTROL are applicable to it. They are brought to the knowledge of the CLIENT and accepted by the latter in the ORDER.
ARTICLE 6. OBLIGATIONS OF THE PARTIES
6.1. CUSTOMER OBLIGATIONS
To allow PHOTOCINESHOP to fulfill its obligations under the best conditions, the CLIENT agrees to:
• Pour the price as determined on the INVOICE;
• Comply with all laws and regulations and this AGREEMENT;
• Tell PHOTOCINESHOP any information which may come to light and which could have an impact on the execution of this AGREEMENT.
6.2. OF OBLIGATIONS PHOTOCINESHOP
PHOTOCINESHOP agrees to implement all means to deliver PRODUCTS under the conditions as defined in the CONTRACT.
ARTICLE 7. JOIN THE SITE
Each CLIENT can open only one ACCOUNT.
PHOTOCINESHOP reserves the right to remove without notice any multiple registrations.
7.1. INFORMATION PROVIDED BY THE CLIENT
Upon registration, the Customer agrees to provide a fair manner to PHOTOCINESHOP of accurate and complete data (name, geographical address and mail, phone number, shipping address, bank details etc ....) that do not reached in any capacity whatsoever, the rights of others, whoever they are. The CLIENT undertakes to update the above information and correct any errors affecting them.
In particular, the creation of an ACCOUNT requires to provide a valid email address.
The CLIENT must choose a username and password are personal.
The choice of identifier must operate in compliance with the law, including those relating to identity theft (Article 434-23 of the Penal Code) or trademark infringement or copyright ( Articles L.335-2 and L.713-1 and following and following of the Code of Intellectual Property). PHOTOCINESHOP undertakes to maintain the utmost confidentiality around this password and not to disclose to any third party.
Any connection to a CUSTOMER ACCOUNT from the username and password chosen during registration will be deemed to have been made by the CLIENT itself.
7.2. MODE OF ACCESS TO THE SITE
The password chosen by the CUSTOMER is strictly personal and confidential, and therefore it must not be communicated or shared with anyone.
The CLIENT is solely responsible for the use of identification data by third parties or the actions or statements made through his ACCOUNT, whether fraudulent or not. Therefore, the CLIENT PHOTOCINESHOP guarantee against any request in this regard.
Indeed, it is recalled that PHOTOCINESHOP no obligation to verify the identity of each CLIENT. Therefore, in case of impersonation of a CLIENT PHOTOCINESHOP not be held responsible. In any event, if a CLIENT suspected fraudulent use of his MIND, he shall immediately notify PHOTOCINESHOP.
SITE is available 24 hours on 24, 7 days on 7, except in cases of force majeure, technical problems or interventions made necessary for the proper functioning of the SITE.
In such cases, PHOTOCINESHOP shall in no event be held liable against CUSTOMER or against a third party for any modification, suspension or discontinuance of the SITE.
ARTICLE 8. UNSUBSCRIBE
8.1. UNSUBSCRIBE CUSTOMER
The CLIENT may unsubscribe SITE free by selecting the corresponding tab in its ACCOUNT.
8.2. DISABLE ACCOUNT
For safety PHOTOCINESHOP can disable CUSTOMER ACCOUNTS of which have not been used for a period not less than twelve (12) months.
The Customer will be notified by e-mail, the next its off ACCOUNT.
The CLIENT agrees to refrain from any disturbance of SITE and any use beyond a simple online consultation, data contained on this site.
Any tampering to obtain improper payments or other benefits at the expense of PHOTOCINESHOP or other causes including CLIENTS ACCOUNT deactivation.
8.3. CLOSING ACCOUNT
In the event that the Customer provides false, inaccurate, incomplete, misleading or likely to mislead when opening or updating his ACCOUNT PHOTOCINESHOP may immediately suspend or close ACCOUNT CLIENT and deny access, either temporarily or permanently all or part of the SITE.
In the event that a CLIENT disseminates or uses personal data and password so contrary to their destination, PHOTOCINESHOP law will close the CUSTOMER's account without prior notice, that the CLIENT agrees in advance, specifically.
In case of breach of these Terms by the Customer, PHOTOCINESHOP reserves the right to exclude SITE after notice had no effect fifteen (15) days of its receipt. CLIENT waives any objection to its removal from the SITE and any action for damages under this head.
ARTICLE 9. PRODUCTS
9.1. DESCRIPTION OF PRODUCTS
Essential characteristics (qualitative and quantitative) PRODUCTS are described on the SITE as accurately as possible, if necessary in accordance with instructions provided by the manufacturers, builders and suppliers PHOTOCINESHOP.
Every effort is made to ensure that the photos on the SITE PRODUCTS are faithful to the original PRODUCTS.
However, changes might occur, particularly because of the technical limitations of color reproduction on computer equipment customers, so PHOTOCINESHOP not be responsible for variations do not result from the fact or not substantial changes.
9.2. AVAILABILITY OF PRODUCTS
The offers are valid until they PRODUCTS are visible on the SITE within the limits of available stocks or conditions specified on the SITE.
A lack of availability of the PRODUCT ordered PHOTOCINESHOP agrees to promptly notify the Customer by any suitable means.
In such a situation, the CLIENT will have the choice:
• cancel the ORDER. It will then be refunded the payment of amounts that would have been paid at the latest within 30 (thirty) days from the cancellation of the ORDER.
• Either wait for the new period of shipping which will be indicated by PHOTOCINESHOP if the PRODUCT is likely to become readily available,
• or ask PHOTOCINESHOP to provide a PRODUCT with similar specifications, quality and price equivalent.
In the latter case, PARTIES expressly agree PHOTOCINESHOP the power to assess the similarity and equivalence specifications prices and qualities between the PRODUCT and PRODUCT unavailable alternative. If the substitution PRODUCT CUSTOMER DELIVERY may refuse his request and then repayment of the sums already paid would have under the conditions described above. In case of delivery of replacement PRODUCT, CUSTOMER may also make use of his right of withdrawal and return said PHOTOCINESHOP PRODUCT proposed, under the conditions laid down in Article 16; return shipping costs are the responsibility of PHOTOCINESHOP.
ARTICLE 10. ORDER
10.1. CONDITIONS TO PLACE AN ORDER
The CLIENT must be at least eighteen (18) years old and have the legal capacity to make and honor any ORDER or holds an authorization to make and honor any ORDER and be able to 'justify at any time upon request of PHOTOCINESHOP.
10.2. EXECUTION OF AN ORDER
COMMANDS are spent in accordance with the procedure laid on the SITE and explained below.
To place an ORDER directly through the Internet, the Customer must follow the following process:
• Select (s) PRODUCT (S) to order and add to cart
• Switch CONTROL Contents by clicking on the "ORDER" or from a list of items either from a description of the article.
Accordance with Article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, the Customer can view the details of its ORDER (PRODUCT reference selected quantity, unit price) and the price of total and correct possible errors. CUSTOMER should carefully check the accuracy of his basket before confirming his acceptance to express CONTROL.
• Confirm the ORDER
• Choose the payment method
• Proceed to the payment of the price corresponding to the CONTROL
COMMANDS are firm, they can not be conditional.
Upon receipt of payment PHOTOCINESHOP the order is processed.
PHOTOCINESHOP CUSTOMER send to an acknowledgment of its ORDER by email, upon receipt thereof. CONTROL will then be processed upon receipt and payment of the price PHOTOCINESHOP.
10.3. CONSIDERATION OF CONTROL
No COMMAND can be taken into account if it is not followed immediately by the corresponding secure payment by any means available on the SITE.
ARTICLE 11. MODIFICATION OF ORDERS
COMMANDS are in principle not subject to change because of their immediate execution.
However, applications to amend an ORDER by the CLIENT may, where appropriate, be taken into account if they are made before shipment PRODUCTS ordered from the Customer Service telephone PHOTOCINESHOP to 01 44 84 00 00 (Cost a local call from France) and subject to the acceptance of PHOTOCINESHOP.
In specific situations, a procedure through our Customer Service can be processed by PHOTOCINESHOP in case of a PRODUCT injury. This Customer Service Procedure will only be launched after the reception of the injured product by PHOTOCINESHOP and the approval of the procedure by our Customer Service.
Customer Service fees will be automatically invoiced to the CUSTOMER. These fees are related to the administrative processing, shipping costs and all other expanses engaged in the procedure. An individual quotation for the Customer Service Procedure will be sent to the CUSTOMER before any intervention.
ARTICLE 12. PRICE
The prices displayed on the SITE are subject to change at any time.
The price charged to the CLIENT is displayed on the SITE when it passes ORDER, except in cases of manifest error display product prices in the SITE (ridiculous price).
These prices are applicable exclusively in the sale of the SITE and are not applicable to PHOTOCINESHOP for any sale to be conducted by another channel.
They are indicated in euros all taxes (VAT) including French VAT at the rate applicable at the date of the ORDER.
Costs DELIVERY available on the SITE PRODUCTS added to the price and shall show separately before payment.
In case of an application for tax refund, PhotoCineShop bills management fees for tax refund up to 25€ for all tax refund slip made.
ARTICLE 13. BILLING
An INVOICE is established for the entire ORDER.
The price charged to the CLIENT will be the rate applicable on the date of the confirmation of the ORDER, except in cases of manifest error display product prices in the SITE (ridiculous price). The Invoice price of each detail PRODUCT ordered and shipping costs (transport) and taxes.
Neither the purchase order that the Customer establishes online or acknowledgment of the command PHOTOCINESHOP CLIENT sends email does not constitute an invoice.
Whatever the mode or of payment, the CLIENT will receive the original INVOICE DELIVERY to PRODUCTS, inside the package.
ARTICLE 14. PAYMENT
14.1. PAYMENT OFFERED ON THE SITE
Payment is made online by credit card or by bank transfer at the time of award of the CUSTOMER ORDER.
The cards accepted are as follows:
• credit cards;
14.2. OF SECURITY PAYMENTS MADE BY CREDIT CARD
Transactions made by credit card are protected by a safety standard 3D Secure (standards VERIFIED by VISA or MasterCard SECURECODE).
When choosing the method of payment, the Customer is redirected to the secure payment platform concerned to make payment.
The expedition of the CLIENT ORDER takes place only after verification of the payment and receipt of the authorization to debit the card.
The CLIENT guarantees PHOTOCINESHOP he has all the permissions required to use the payment method selected.
Communicating his credit card number, the CLIENT authorizes the bank to debit the SITE totaling COMMAND (taxes and shipping included, if applicable).
PHOTOCINESHOP not retain any information about credit cards, this information is transmitted to a secure payment platform online using a secure connection (128-bit encrypted SSL).
14.3. OF PAYMENTS MADE SECURE BY BANK TRANSFER
The CLIENT must make the transfer from his bank account to the bank account of the company PHOTCINERENT using bank account (RIB) which is transmitted by PHOTOCINESHOP in his choice of payment method.
COMMAND is validated and sent to PHOTOCINESHOP receipt of the full transfer of the CLIENT.
14.4. OF PAYMENT DATE
Payment of the ORDER intervene:
• Immediately after the award of the CUSTOMER ORDER for credit cards
• within a maximum of four (4) working days after the transfer to bank transfers.
14.5. DELAY OR DENIAL OF PAYMENT
In the event that for any reason whatsoever, opposition, refusal of the bank or other transmission of the flow of money owed by the CLIENT is impossible, COMMAND is automatically canceled.
ARTICLE 15. DELIVERY
15.1. DELIVERY METHODS
The CLIENT delivery address necessarily located on the TERRITORY under penalty of refusal COMMAND.
The CLIENT is solely responsible for shipping defective due to a lack or an error indication as including the name of the recipient or address ORDER DELIVERY when placing the ORDER.
PHOTOCINESHOP can not be held responsible for shipping delays caused by the absence of the addressee of the parcel.
The CLIENT may choose from the following modes of shipping as detailed in Policy DELIVERY referred in Annex 1.
PHOTOCINESHOP undertakes to deliver (s) PRODUCT (S) ordered (s) within the SITE, expressed in days, indicated:
• a summary of the ORDER;
• e-mail confirmation of the ORDER;
• shipping policy referred in Appendix 1.
DELIVERY short time after the receipt of payment of the CLIENT.
It is noted that any change of address made by the CUSTOMER DELIVERY after recording COMMAND may cause prolongation of the period of shipping.
It is also stated that a delay of shipping can not give rise to penalties.
In case of exceeding the deadline for shipping more than seven (7) days, not justified by force majeure or by any cause attributable to the Customer, the Customer may request the cancellation of the sale, in accordance with Article L.114-1 of the Consumer Code and get the refund of sums already paid. The refund is then within fifteen (15) days following receipt of the request of the CLIENT by the same payment method as that used by the latter.
In any event, PRODUCTS ordered on the SITE will be delivered within a maximum of thirty (30) days of receipt of payment.
The costs and delays by carrier deLIVRAISON are shown in the Policy DELIVERY described in Appendix 1 of these general conditions of sale.
Delivery costs are based on:
• the weight of the package;
• the delivery method chosen;
• and place of delivery.
Delivery costs are calculated and communicated to the CLIENT before validating its ORDER.
15.5. ACCEPTANCE OF PRODUCTS
PRODUCTS are delivered according to the shipping method selected by the Customer and are delivered to the addressee against signing a receipt slip in the shipping address indicated during the procedure ORDER.
It is the responsibility of the CLIENT to ensure compliance with the PRODUCT delivered and commissioned the exterior of the package and noted on the bill of any abnormality observed damage. If necessary, the CLIENT may refuse the PRODUCT which is then returned to PHOTOCINESHOP directly by the carrier responsible for the shipping.
In any event, the regulation of transport invites the CLIENT PHOTOCINESHOP denounce any incident of receipt within three (3) days by registered letter with acknowledgment of receipt.
15.5. OF ABSENCE DURING DELIVERY
Depending on the mode selected DELIVERY and if necessary, confirmation of shipping date sent by email to the CLIENT. In the absence of CUSTOMER DELIVERY when a notice will be filed. To set a second date DELIVERY, CUSTOMER must attach the phone to Customer Service PHOTOCINESHOP 01 44 84 00 00 (cost of a local call from France). He will then meet new shipping fees in an amount equal to the cost of shipping originally purchased. He will have to pay at the time of this second DELIVERY.
15.6. DELIVERY AND ENVIRONMENT
Whatever the mode of shipping, it is the responsibility of the CLIENT to leave no packaging, container, pallet, etc.. on public roads without the latter are subject to removal or recycling by public waste collection.
15.7. RULES ON EXPORT IMPORT & A
The CLIENT must inform the competent authorities of the country of any import restrictions or usage PRODUCTS he wishes to order on the SITE.
PRODUCTS may include technology and / or software subject to export laws and export controls of the European Union and the laws of the country DELIVERY.
As such, PRODUCTS could not be sold, leased or transferred to CLIENT domiciled in countries subject to restrictions.
ARTICLE 16. RETENTION OF TITLE
PRODUCTS delivered remain the property of PHOTOCINESHOP until full payment by the CLIENT.
The transfer of risk on the PRODUCTS takes place at the reception PRODUCTS by CLIENT.
ARTICLE 17. LEGAL RIGHT OF WITHDRAWAL
17.1. RIGHT OF WITHDRAWAL
In application of Article L. 121-20 of the Consumer Code, the Customer has a period of twenty eight (28) days from the receipt of the ordered PRODUCT SITE to exercise his right of withdrawal without having to give reasons or to pay penalties.
This twenty eight (28) period is splitted in two (2) withdrawal periods, as followed:
1) Fourteen days from the reception of the package to exerce your right of withdrawal via an email to PHOTOCINESHOP (email@example.com).
2) Fourteen additional days to send the package back from the date of withdrawal.
The withdrawal act and the shipment back to PHOTOCINESHOP are two different acts.
When the order is to be sent in severous parts, the withdrawal delay starts from the delivery of the last part.
When the twenty-eight (28) day period expires on a Saturday,
Sunday or a holiday or holiday, it is extended until the first (1st) business day.
It is stated that the right of withdrawal may be exercised by the CLIENT to contracts for the supply of products manufactured according to the specifications of the CLIENT or clearly personalized or customized in accordance with Article L.121-20-2 of the Code of consumption.
In case of exercising the right of withdrawal PHOTOCINESHOP will reimburse the CLIENT all monies paid, except for the cost of returning as soon as possible and no later than fourteen (14) days following the date that this right has been exercised.
This reimbursement shall be made with the same mean of payment that the one used by the CUSTOMER during its order (Credit Card or PayPal usually), except if the CUSTOMER agreed on another mean. No credit can be granted on another order by PHOTOCINESHOP.
17.2. TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
When the CLIENT exercises his right of withdrawal to PHOTOCINESHOP resending PRODUCTS, PRODUCTS must be returned in perfect condition in the original packaging (or packaging that perfectly protects the product during return shipping), at follows:
PHOTOCINESHOP - Service Returns
8 rue de l'Hôpital St Louis
It is stated that the CLIENT may not exercise his right of withdrawal if wear exceeds PRODUCT normal wear that can be caused by a test of reasonableness PRODUCT.
It is therefore recommended that the CLIENT insurance with the carrier of your choice to cover the value of the returned PRODUCTS in case of loss, theft or damage.
According to Article L 121-21-3 al.2, the CUSTOMER must bear the costs of the return of the article, unless explicitly stipulated otherwise by PHOTOCINESHOP.
17.3. RETURN POLICY FOR EX-DEMO PRODUCTS / USED PRODUCTS
For all EX-DEMO products, we inform our Customers that the EX-DEMO equipment (an EX-DEMO product is a new product which has never been used but was presented in our showroom) can be returned within 30 days after purchase on the PHOTOCINESHOP.COM website in case it is not anymore under the manufacturer’s warranty. This product will be exchanged with the same EX-DEMO product if available. Otherwise, a credit equal to the price of the EX-DEMO product will be registered on the Customer’s Account.
We inform our Customers that we will only accept returns for EX-DEMO products with internal injuries which have not been observed at the moment of the purchase. Products which have been over-used or used in inappropriate ways (fall, scratches, defective cables, bumps...) can not be returned or exchanged.
About Used Products sold on the PHOTOCINESHOP eBay plateform (http://stores.ebay.fr/PhotoCineShop) the same Return Policy is applying.
ARTICLE 18. GUARANTEE
18.1. MANUFACTURER WARRANTY
PRODUCTS to have a specific warranty provided by the manufacturer, the CUSTOMER must contact the manufacturer directly, without going through PHOTOCINESHOP which makes no warranty regarding these contractual PRODUCTS.
PHOTOCINESHOP refuse any return PRODUCT as such and can not be held responsible for any failure of the manufacturer under this warranty.
18.2. STATUTORY WARRANTIES OF LATENT
If, despite all the care that provides its PHOTOCINESHOP PRODUCTS, PRODUCTS or the delivered (s) avai (are) a latent defect, the Customer may have additional rights legal under articles 1641 and 1648 of the Civil Code.
Article 1641 of the Civil Code:
"The seller is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or n ' have offered a lower price if he had known. "
Article 1648 of the Civil Code:
"The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure in the year following the date on which the seller may be relieved of vices or defects apparent compliance. "
Pursuant to Article 1642 of the Civil Code, PHOTOCINESHOP held in hidden defects PRODUCT sold which render it unfit for the use for which it is intended, or that decrease this use the CLIENT would not have acquired or would have paid a lower price if he had known.
It is stated that the PRODUCTS are guaranteed in normal use. The warranties do not apply to normal wear PRODUCTS, their misuse or poor maintenance. In case of defect, the Customer receives replacement of the defective PRODUCT identical, within the limits of available stocks. In the event that a replacement or repair is impossible PHOTOCINESHOP will refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCTS CLIENT at the following address:
PHOTOCINESHOP - Service Returns
8 rue de l'Hôpital St Louis
18.3. STATUTORY WARRANTIES OF CONFORMITY
If, despite all the care that provides its PHOTOCINESHOP PRODUCTS, PRODUCTS or the delivered (s) avai (are) a lack of conformity, the CUSTOMER has additional legal rights under articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code.
Article L211-4 of the Consumer Code:
"The seller must deliver goods in conformity with the contract and liable for defects of conformity existing at the time of delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or carried out under its responsibility.
Article L211-5 of the Consumer Code:
"To comply with the contract, the property must:
1 Be suitable for the purpose usually associated with such a product and, where applicable:
• correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
• have the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or have the features defined by mutual agreement between the parties or be suitable for any particular purpose for which the buyer made known to the seller and which the latter accepted. '
Article L211-12 of the Consumer Code:
"The action resulting from the lack of conformity within two years from delivery of the goods."
As such, any conformity defect must be reported by the CLIENT DELIVERY soon and as soon as possible by mail to:
PHOTOCINESHOP - Customer Service
8 rue de l'Hôpital St Louis
It is stated that the PRODUCTS are guaranteed in normal use. The warranties do not apply to normal wear PRODUCTS, their misuse or poor maintenance.
In case of non-compliance found, the CLIENT PRODUCT benefits of replacing defective identical, within the limits of available stocks.
In the event that a replacement or repair is impossible PHOTOCINESHOP will refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCTS CLIENT at the following address:
PHOTOCINESHOP - Service Returns
8 rue de l'Hôpital St Louis
ARTICLE 19. LIABILITY
PHOTOCINESHOP responsibility shall in no event be held:
• In case of non-performance or improper performance of the contractual services that are attributable to the CUSTOMER, in particular because of the entry of the ORDER;
• in case of non-observance listed in the instructions for use supplied with the PRODUCTS;
• In case of improper installation or commissioning by the CLIENT PRODUCTS electrical or electronic, or in case of commissioning of facilities that are not standards;
• in case of damage resulting from the breach of the security of its SITE by an unauthorized third party and not due to its negligence.
• In case of non-conforming use in the destination PRODUCT
• In case of damage resulting from the breach of security SITE PHOCINESHOP by an unauthorized third party and not due to its negligence.
PHOTOCINESHOP not be liable for any damages that may occur because of this, loss of business, loss of profits, damage or expense.
The selection and purchase of PRODUCT are under the sole responsibility of the CLIENT.
The total or partial inability to use the PRODUCT due to such incompatibility can not give rise to any compensation, refund or because of the liability PHOTOCINESHOP, except in the case of a hidden defect found or non- compliance.
Finally, PHOTOCINESHOP can not be held liable or be deemed to have failed in its obligation for any delay or failure when the cause of the delay or failure was due to a case of force majeure.
ARTICLE 20. FORCE MAJEURE
PHOTOCINESHOP reserves the right to suspend, delay, modify or cancel the execution of CONTROL in the occurrence of events or circumstances of force majeure or fortuitous event or events or circumstances related to contractual force majeure or fortuitous event even if they do not meet the legal definition such as fire, work stoppage independent and beyond the control of the company or any of its suppliers or subcontractors, flood, epidemic, war requisition, strike, hurricane, tornado, earthquake, revolution, theft of all or part of the equipment, interruption or delay in transportation, transport damage, lack of raw materials, tooling accident, lack of fuel or any another source of energy, as well as the occurrence of any event or circumstance beyond the control of PHOTOCINESHOP involved after the conclusion of the contract and by preventing execution under normal conditions.
It is clear that in such a situation, the CUSTOMER may claim payment of any compensation and no recourse may bring against PHOTOCINESHOP.
In case of occurrence of any of the aforementioned events, PHOTOCINESHOP will endeavor to inform the Customer as soon as possible.
ARTICLE 21. COMPLAINTS
PHOTOCINESHOP provides the CLIENT a "Customer Service" at the following number: 01 44 84 00 00 (Non premium rate number).
Any written complaint about the CLIENT shall it be forwarded to the following address:
PHOTOCINESHOP - RMA
8 rue de l'Hôpital St Louis
ARTICLE 22. PERSONAL DATA
In accordance with the Data Protection Act of 6 January 1978 as amended by the Act of 6 August 2004, the personal data of the Client (name, e-mail address and geographical telephone number, fax number, credit card information and data that be indicated on the forms collection) are collected by the PHOTOCINESHOP needs for a good customer management SITE, their ORDERS, DELIVERIES their and their INVOICE.
Passing the ORDER, the CLIENT authorizes PHOTOCINESHOP to use personal data that it provides for the management and DELIVERY BILLS.
As such, the CUSTOMER is informed that these data may, for the purposes that management be provided to organizations of delivery, if companies in charge of billing, suppliers and partners PHOTOCINESHOP.
PHOTOCINESHOP agrees not to disclose its customer database to third parties. CLIENT data are kept confidential by PHOTOCINESHOP CNIL under the number 1665335V0, for the purposes of the CONTRACT, its implementation and compliance with the Act.
As such, the CUSTOMER has at all times the right to access, modify, rectify and delete any personal information collected by PHOTOCINESHOP about it.
To exercise this right, the CLIENT may be firstname.lastname@example.org email or send a letter to:
8 rue de l'Hôpital St Louis
It is stated that the CLIENT must prove his identity or by scanning an ID or by sending a photocopy of PHOTOCINESHOP identification.
Placing the order, the CLIENT authorizes PHOTOCINESHOP to use the personal data that it provides for the management of deliveries and invoicing.
As such, the CUSTOMER is informed that these data may for the purposes of delivery and billing be communicated to agencies delivery companies if in charge of billing providers PHOTOCINESHOP.
ARTICLE 23. INTELLECTUAL PROPERTY
The trademarks, logos, slogans, photographs, products, graphics, photographs, animations, videos and texts on the SITE, except those provided by manufacturers and / or suppliers and / or partners or even by the CLIENT , are the exclusive intellectual property of PHOTOCINESHOP and may not be reproduced, used or represented without the express permission of PHOTOCINESHOP under penalty of prosecution. Any total or partial representation of the SITE and its contents by any means whatsoever, without the express prior authorization of PHOTOCINESHOP is prohibited and will constitute an infringement punishable by articles L. 335-2 and Articles L. 713-1 and following of the Code of Intellectual Property.
PHOTOCINESHOP specifically prohibits:
1 Extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium by any means and in any form whatsoever;
2 Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, regardless of form.
ARTICLE 24. ARCHIVING THE CONTRACT
Any agreement with the CUSTOMER CONTRACT corresponding to a command in excess of 120 euros will be archived PHOTOCINESHOP for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
To access the CONTRACT, the CLIENT may be requested to by:
• e-mail to the following address: email@example.com ;
• or by mail to:
PHOTOCINESHOP - Archiving Service
8 rue de l'Hôpital St Louis
ARTICLE 25. WASTE ELECTRICAL AND ELETRONICAL
Pursuant to Article 18 of Decree No. 2005-829, the organization and financing of the removal and treatment of waste electrical equipment can be ordered on the SITE are transferred to the CLIENT accepts that.
The CLIENT shall ensure the collection of such equipment and treatment in accordance with Article 21 of Decree No. 2005-829.
Non-compliance by the Customer of the obligations imposed upon it may cause the application of penalties laid down in Article 25 of Decree No. 2005-829.
ARTICLE 26. GENERAL PROVISIONS
The fact that one of the PARTIES did not require the application of any provision of this AGREEMENT, whether permanent or temporary, shall in no way be considered a waiver of that provision.
The CONTRACT confers no exclusivity CLIENT regarding the provision of services or quality assurance.
If any provision of the CONTRACT came to be invalid under a statutory provision or regulation in force and / or a judicial decision having res judicata, it shall be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable.
The PARTIES closer in this case to agree a new provision to replace the void and irrelevant, given that the new provision will comply as much as possible the spirit and economic impact on the provision PARTIES replaced.
ARTICLE 27. APPLICABLE LAW - JURISDICTION
The CONTRACT and any ORDER placed on the SITE are exclusively governed by French law.
In case of dispute, the French courts have jurisdiction.
PHOTOCINESHOP is part of a quality to ensure its guests a process of clear and reliable shipping.
As such, PHOTOCINESHOP undertakes to deliver the GOODS ordered and paid for on the SITE to shipping address provided during the ORDER.
Shipping costs are fixed and depend on the delivery location and shipping method chosen. To achieve this DELIVERY in optimal conditions, PHOTOCINESHOP is directed services specialist providers include:
DHL (Dalsey, Hillblom , Lynn) International GmbH
This service is provided by Deutsche Post AG whose registered office is at Charles-de-Gaulle-Straße 20, 53113 Bonn
You can track your package by entering the tracking number on the DHL website:
During the process of CONTROL, the Customer can choose the mode of shipping. Depending on their choice, the basket is automatically updated with the fee corresponding port. The exact amount of postage it is systematically indicated validation BEFORE purchasing.
For some destinations, some delivery methods may be not available (especially for shippings in the French overseas territories (DOM-TOM) and island territories).
Technical advice and information on 01 44 84 00 00
Pay by CB, Visa, MasterCard and Paypal
Secure delivery in 24 to 72 hours in mainland France
By email or phone from Monday to Friday