Eric Fayolle

GENERAL TERMS AND CONDITIONS

Article 1: SUBJECT

The present contract for the sale of photographs is established between the creator Eric Fayolle as defined in article 3 of the present conditions and a client hereafter referred to as "the purchaser". Eric Fayolle reserves the right to modify the sales conditions without prior notice.

Article 2: SCOPE OF THESE TERMS AND CONDITIONS

This contract is aimed at establishing the rights and obligations of both Eric Fayolle and the purchaser, with regards to the sale of original photographs available on our web site www.ericfayolle.com

Article 3: IDENTIFICATION OF THE CREATOR

Eric Fayolle
Artist 154, rue Oberkampf, 75011 Paris
E-mail : contact@ericfayolle.com

Article 4: ESSENTIAL NATURE OF THE GOODS AND SERVICES

Goods and services covered: original photographic prints numbered and signed by the artist.
These are photographs taken by the artist, printed by him or under his supervision, signed and numbered, including all sizes and finishes. (CGI: decree 95-172 du 17.02.1995, art. 98A, annexe III)
The goods and services (photographic prints and frames) are supplied at the specific request of the purchaser.
The purchaser acknowledges that the images shown on the www.ericfayolle.com web site that represent the original photographs are non-contractual. Slight variations in colour may occur between the image shown on the screen and the original photograph printed on paper.

Article 5: PRICE

Prices are shown in Euros, VAT included, excluding shipping costs.
Shipping costs shown online are also VAT incl.
All orders, whatever their country of origin, are payable in Euros.
Eric Fayolle reserves the right to update, without prior notice the prices shown on his online gallery.

Article 6: ACCEPTANCE OF TERMS

Acceptance of the terms and conditions is formalised when using the online gallery when the purchaser selects the "click to validate" button having entered all the details on the form: First name, Surname, Telephone, Delivery address, email. Once purchaser has placed the order, written confirmation is then sent by email.
The order confirmation includes: product description, quantity ordered, price, payment and shipping options.

Article 7: PAYMENT

Eric Fayolle offers two payment options:

1) Online, by Visa or MasterCard using the secure payment Pay Pal system

2) By cheque, to arrive within 7 days maximum.
Beyond 7 days, Eric Fayolle reserves the right to cancel the order.

In the case of payment by cheque, the order will not be processed until receipt of the cheque (for the total amount of the order).

By validating the order form, the purchaser certifies that their means of payment whether cheque or card are indeed valid.

Article 8: COLLECTION OR DELIVERY

Photographic prints are delivered to the address supplied on the order form.
Depending on the availability of the print(s), shipping or preparation for collection will be carried out within 3 to 15 working days from receipt of payment (by card or cheque). All delivery times shown on the site are expressed in terms of working days and do not include shipping time (which will vary according to the destination). Should any delay occur in processing orders, the purchaser will be informed by email.
Dates and delivery times mentioned are non-contractual. Under no circumstances may a delay in delivery give rise to penalties or compensation by Eric Fayolle. However, any order not shipped within a period of 30 days following receipt of the payment may be cancelled by the purchaser and will be reimbursed, except in the case of circumstances beyond the creator's control (war, demonstrations, strikes, accidents...).

Article 9: RECEIPT AND RETURN OF GOODS

Should there be a problem on receipt of the goods, it is essential that the purchaser, as well as making "written reserves" on the consignment note, must also obtain a "damage form" from the local postal service. If the consignee refuses to sign for receipt of the goods, the purchaser must request that the postal service return the package to Eric Fayolle, together with a "damage report form" (constat #170 in France) and must retain a copy of this form. This form must be sent to Eric Fayolle in order for the latter to launch an enquiry and begin the compensation process.
Should there be a visible defect or the goods delivered do not comply with the order, all returns must be agreed between Eric Fayolle and the purchaser. This agreement will entitle the purchaser to the replacement of the goods at no cost or to a credit note, to the exception of any other form of compensation, damages or interest. Goods must be returned in their original packaging.

Article 10: RETRACTION

According to provisions made in article 121-16 of the Consumer law, the purchaser is entitled to a 7 full day retraction period from receipt of the order in order to return the goods at his/her expense, in the original packaging and to request an exchange or refund. Goods returned incomplete, damaged, altered or dirty (finger marks or marks of any other nature) will not be accepted for exchange or refund.
A framed or laminated print is made to order, specifically at the request of the client. Eric Fayolle can therefore not reimburse the client for these goods. The retraction clause is only valid for unframed prints.

Article 11: COPYRIGHT

All the original photographs sold on the www.ericfayolle.com web site are protected by the French laws governing Intellectual Property as original works subject to royalties under article L111-1 and following articles. The purchaser's rights regarding the work are limited to that of private use, excluding any right of exhibition or reproduction.

Article 12: PRIVACY PROTECTION

All the personal details provided by the purchaser are for the exclusive use of our services. According to the Computer and Freedom of information law of January 6th 1978, the purchaser has the right at all times to access, update or contest the personal information held about them. You can exercise this right by contacting us:
- either by email contact@ericfayolle.com
- or by post Eric Fayolle 154 rue Oberkampf 75011 Paris

Article 13: JURISDICTION

The present contract is liable to French law and particularly to articles L 121-16 to L 121-20 of the Consumer Law.

Article 14: DISPUTE RESOLUTION

Should there be any dispute arising from the present contract, the parties commit to finding an amicable solution before any legal action. If no agreement is reached, all disputes will be dealt with by the Paris courts.