1. Definitions
For the purposes of these general conditions of sale, we mean:

Seller: Madame Jourdain-Kobycheva Polina
57, avenue du President Kennedy, 64200 Biarritz
No. 82391430400014
0783244399
jourdain.kobycheva@gmail.com

Site: the seller's website on which customers can place an order for products.

Product: all the products that the seller can sell on his site: photo prints, digital files, videos, books, diaries, calendars, posters, etc.
Order: order for Products placed by the customer to the seller from his site.

2. Features
These general conditions of sale are applicable to all orders of products sold by the seller on its site. The general conditions of sale can be consulted on the site and accepted by the customer prior to placing any order.
They are applicable in their entirety for any order placed on the seller's website and its customers in France or abroad, regardless of the place of execution and/or delivery.
The seller and the customer agree that these general conditions of sale exclusively govern their relationship.

3. Order
The customer can place their order online using the form provided there.
For the order to be validated, the customer must accept, by clicking where indicated, these general conditions of sale. He will also have to choose the address and the delivery method, and finally validate the payment method.
Any order on the site carries an obligation to pay and constitutes acceptance of the prices and descriptions of the products available for sale.
In certain cases, including non-payment, incorrect address or other problem with the customer's account, the seller reserves the right to block the customer's order until the problem is resolved.
If the ordered product is unavailable, the customer will be informed by email. The order for this product will be canceled and its possible refund will be made.
For any questions relating to the tracking of an order, the customer must call:
Polina Jourdain-Kobycheva Tel. : 07 83 24 43 99

4. Product information
The products governed by these general conditions of sale are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.

5. Price
The seller reserves the right to revise its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. Prices take into account the VAT applicable on the day of the order.
Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.

6. Payment methods
Payment is made online using a secure payment system. The seller does not collect your banking data and has chosen well-known banking establishments ensuring a sufficient level of security. You can pay by credit card.
The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

7. Product availability – refund
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the deadline is fifteen (15) working days.
For international deliveries, the deadline is twenty (20) working days.
In the event of non-compliance with contractual deadlines, the buyer may terminate the contract by registered letter with acknowledgment of receipt. In this case, the seller is required to reimburse the customer for all sums paid no later than fourteen (14) days following the date on which the contract was terminated.
If the ordered product is unavailable, the customer will be informed as soon as possible and will have the option to cancel their order. The customer will then have the choice of requesting either a refund of the sums paid or an exchange of the product.

8. Delivery terms
Delivery is only made after confirmation of payment by the seller's banking organization.

No deliveries are made to post office boxes.
The products are delivered to the address indicated by the buyer when ordering. The customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.
If the customer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the items in the presence of the delivery person. If they have been damaged, the customer must refuse the package and make written, precise and detailed reservations on the delivery slip.
This verification is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery note.
The customer must then confirm these reservations to the carrier by registered mail no later than three (3) working days following receipt of the item(s) and send a copy of this letter by fax, email or regular mail to the seller.

The seller undertakes to deliver photographs that comply with your order (quantity, type of development, format) and of high quality.

Electronic delivery of digital files is not protected or encrypted. The customer acknowledges being fully informed and expressly agrees to download the images under his entire responsibility.

9. Complaints
The customer must make to the seller any complaint of non-conformity or defect of the products in nature or quality.
The claim may be made, at the buyer's choice:
– telephone number: 07 83 24 43 99
– email address: contact@jourdainkobycheva.com
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: Polina Jourdain-Kobycheva, photographer 57, avenue du Président Kennedy, 64200 Biarritz
Return costs are the responsibility of the seller.

10. Product Warranty
In accordance with the provisions of the legal guarantees of conformity (articles L211-4 et seq. of the Consumer Code) and hidden defects (articles 1641 et seq. of the Civil Code) specified in Appendix 1, non-compliant or defective products will be refunded or exchanged.
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products.

11. Right of withdrawal – exception – methods of exercising the right of withdrawal
In accordance with the provisions of the Consumer Code, and subject to the exceptions provided for below, to exercise the right of withdrawal, the customer may send the seller the standard withdrawal form which can be found in Appendix 2 of these general conditions of sale at the address indicated in Appendix 2. The customer may also exercise his right of withdrawal by any other declaration to the seller and in particular by postal mail or email expressing his desire to withdraw without any ambiguity and specifying the order number.
From the communication of his decision to withdraw by sending the standard form or the declaration of withdrawal, the customer has another period of fourteen (14) days to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the customer. In the case of an exchange, reshipping will be done at the customer's expense.
Only products returned as a whole, in their original packaging, complete and intact, and in perfect resalable condition are accepted. Any product which has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
The seller must reimburse the customer for all amounts paid, including delivery costs, without undue delay and at the latest within fourteen (14) days following the date on which he is informed of the consumer's decision to withdraw. . The seller may, however, defer reimbursement until recovery of the goods or until the customer has provided proof of shipment of the products, the date chosen being that of the first of these events.
It is specified that the right of withdrawal is excluded in accordance with article L 121-21-8 of the Consumer Code:
– for services which began before the end of the withdrawal period provided that the seller has previously collected the customer's express request on paper or durable medium;
– for the development of photographs or the production of films which are analyzed as supplies of goods made according to the consumer's specifications or clearly personalized.
– for the supply of audio or video recording or computer software when they have been unsealed by the consumer after delivery.

12. Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the closure of means of transport or supplies, earthquakes, fires, storms, floods, lightning , the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.

13. Intellectual Property
The photographs taken by the seller and which are sold on its website are and remain the intellectual property of the seller according to the rules of articles L 121-1 et seq. of the Intellectual Property Code. The rights to photographs transmitted on hardware or computer media are strictly limited to private use.

Any use of the photographs made by the seller beyond this use and without his written authorization constitutes counterfeiting within the meaning of article L 335-2 of the same Code, and is punishable, under this article, by penalties which may up to 3 years of imprisonment and a fine of €300,000.

14. Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

15. Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.

15. Applicable law and disputes
These General Terms and Conditions are subject to French law.

Any dispute between the parties relating to its interpretation and/or execution will be submitted, failing an amicable resolution, the customer may initiate proceedings before the court of his choice.

Annex 1 :

LEGAL GUARANTEE OF CONFORMITY:

Article L211-4 Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 Consumer Code
To comply with the contract, the property must:
1. Be suitable for the use usually expected of similar goods and, where applicable:
• correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling
2. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
GUARANTEE FOR HIDDEN DEFECTS
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Appendix 2: withdrawal form:

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