PREAMBLE
These General Conditions of Sale (hereinafter the “ CGV ”) apply to all orders placed on the site www.pictureprint.fr (hereinafter the “ Site ”).
These General Terms and Conditions are, moreover, freely accessible and consultable on the Site.
These General Terms and Conditions apply to orders for online printing services from files transmitted by the Buyer and/or customizable on various material objects (hereinafter the “ Printed Products ”) and non-personalized products (hereinafter after the “ Items ”) The Printed Products and the Articles are hereinafter referred to together as the “ Products ”.
These General Terms and Conditions of Sale will constitute a legally binding Contract between you and us. Use of the Site will be considered acceptance of the General Terms and Conditions and our Privacy Policy. If you do not accept the General Terms and Conditions and our confidentiality policy, then you may not use the Site.
1. Conditions
By placing an order on our Site, you accept without reservation to be bound by these General Terms and Conditions in their version in force at the time of your order.
Please note that www.pictureprint.fr has the right to modify the T&Cs and the confidentiality policy. Therefore, it is up to you to re-read and assimilate them periodically. We ask you to read the following articles carefully as they contain the General Terms and Conditions which govern the use of the Site. We also advise you to review the Site's Privacy Policy.
If you have any questions, comments or concerns regarding the T&Cs, the privacy policy or any other part of this Site or relating to any of our Products and services presented or if you have experienced technical problems during use of this Site, please email customer service at contact@pictuperfect.fr .
2. Definitions
The term “Seller” designates the company PICTURE PERFECT INTERNATIONAL (PPI), (hereinafter “PICTURE PERFECT”) limited liability company, registered in France with the RCS under the number Paris B 390 187 615 and the SIREN number 390187615 and whose head office is located at 62 Boulevard Davout, 75020 Paris, France.
“Buyer” means the person whose name is printed on the Order.
The “Contract” means the confirmation of the Order and the Order (including and incorporating any Special Conditions) “Goods” means the goods or services that the Seller sells in accordance with these General Conditions of Sale.
“Order” refers to any Order by the Buyer for goods or services.
“Order Confirmation” here means the Seller’s confirmation of the Order in accordance with Article 3 (b).
The price " means the price including postage and packaging costs in force on the date and time at which the Order was placed, subject to any promotional offer or reduction then applicable.
“Person” means any person, business or corporation. “Special Conditions” all conditions relating to the Orders defined and designated as such in the Order Confirmation.
“Terms of Sale” means the PICTURE PERFECT Standard Terms and Conditions set out herein.
The terms "in writing" mean the written agreement in particular by means of an e-mail clearly mentioning the names of the sender and the recipient as well as what is written on the screen of a display unit visual or other similar device.
3. Sale
These General Conditions of Sale and any Special Conditions include all the general conditions under which the Seller will provide the goods and services.
All terms and conditions included by the Buyer in any Order, Purchase Order, Order Confirmation or any other document are expressly excluded by the parties.
Any modification to these General Terms and Conditions will only bind the Seller to a Contract if this modification is expressly agreed in writing between the Seller and the Buyer.
Employees of the Seller may not make any representation regarding products or merchandise without the express written authorization of the latter.
4. Order and Products
All products offered for sale are subject to availability and subject to acceptance of the Order by the Seller.
The Seller reserves the right to refuse any Order without being forced to provide reasons for its decision. An order can only be considered accepted if it has been the subject of an order confirmation sent to the buyer via email by the Seller. Therefore, no Order should be considered accepted by the Seller in the absence of this unreserved confirmation by the Seller.
With a view to continuous improvement of its products, the seller reserves the right to modify the specifications of any of the products available on the Site without having to notify the Buyer.
The Seller strives to describe and represent the colors of the products on its Website as accurately as possible. But under no circumstances can it be required to guarantee that the colors of the products will be exactly as they appear on the buyer's monitor. Indeed, the products offered and supplied by the Seller may differ depending on multi-standard color systems such as the CMYK color printing system or the international RGB color system for screens.
Regarding the personalization of printed and printable products, it is the responsibility of the Buyer to indicate all the specificities of the desired product.
It is up to the Buyer to check by means of the preview of the selected product that it complies with their expectations before Confirmation of their order and, if necessary, to modify the chosen product so that it complies with their expectations. expectations before confirming the order.
Once the order confirmation has been received by the Buyer, no request to modify the confirmed order will be taken into account, unless expressly or writtenly agreed by the Seller.
5. Price and payment method
All prices displayed on the Site are excluding VAT (excluding taxes) and VAT (value added tax), at the rate applicable in your country, will be added to the final value of your Order when making payment . By validating the payment, the Buyer acknowledges that he will be liable for all applicable taxes.
At the end of the online ordering process, the following payment methods are offered to settle the amount:
- Bank card
- Paypal
Payment is made by the Buyer either by credit card or by PayPal and payment is taken in full after the order has been accepted by the Seller. From then on, the Sale will be concluded and the Contract will enter into force.
The Buyer undertakes to guarantee the accuracy of the contact details he provides to the Seller. for Sale, particularly for the purpose of Ordering and Delivery. By concluding the sale, the Buyer guarantees that the chosen payment method is the property of the Seller and that he has sufficient funds (or the necessary credit facilities) to cover the price of the Order in its entirety.
Before confirming the order, the Seller reserves the right to check with the banking or credit institution the validity of the credit card, debit card or PayPal account details provided by the Buyer.
6. Delivery
The place of delivery of the products of the Order is that indicated on the Order by the Buyer and the normal method of delivery (unless otherwise agreed) will be at the regular rate.
The Seller endeavors to process the Order as well as to respect the deadlines indicated for the manufacture of the products. However, as manufacturing times may vary depending on the type of product, the Seller reserves the right to combine all the items in a single package in a single shipment; or conversely to ship the items ordered by the Buyer separately in several packages. Unless otherwise indicated by the Buyer, packages will be sent by Chronopost .
The dates mentioned for delivery of the products are only estimates and do not bind the Seller in any way. In this sense, delivery times not constituting the very essence of the Contract, the Seller cannot be held responsible for any loss or costs suffered by the Buyer resulting from any delay in the delivery of the goods, whatever be the cause.
It is up to the Buyer to inspect the products when he receives them and, where applicable, to sign the delivery slip or any other document accepting receipt, when the products have been delivered by the carrier. The absence of an item upon delivery cannot constitute a reason for refusal of a product for the Buyer.
Upon delivery if the products are believed to be defective or damaged, the Buyer agrees to provide a description of the damage or defect alleged upon delivery and signed by or on behalf of the Buyer.
The Seller reserves the right to deliver the products in several shipments. In the event that the products are delivered in several installments, each delivery will constitute a separate Contract.
Thus, if the Seller does not deliver one or more of the products ordered, the Buyer cannot treat the Contract in its entirety as terminated. The same applies if the Buyer has a claim against one or more parties.
If the Buyer fails to receive delivery of the product(s) ordered, the Seller cannot be obliged to reimburse all or part of the price of the Sale.
Except for the conditions provided for in Article 9 (Returns and Refunds) below, the products cannot be returned to the Seller.
7. Risks
At the time of delivery by the Seller to the carrier, the risk of damage or loss has transferred to the Buyer.
The products remain the property of the Seller until full payment of the Price and/or any other sum due or payable by the Buyer to the Seller has been paid under the terms of the Contract or under any other Contract established between the Seller and the Buyer.
8. Withdrawal
The legal right of withdrawal (or cancellation) provides that consumers who enter into distance sales contracts can withdraw from the contract (or cancel it) without reason and without charge within 14 days following the receipt of products. However, this right does not apply to the supply of goods made to the consumer's specifications or clearly personalized goods.
However, the products ordered from PICTURE PERFECT on the site www.pictureprint.fr are personalized by the Buyer, and the Buyer cannot therefore exercise his right of withdrawal for these products. He may, however, exercise his right of withdrawal for the following non-customizable products available on the Site:
- [List of non-customizable products]
- [List of non-customizable products]
- [List of non-customizable products]
- [List of non-customizable products]
- [List of non-customizable products]
When the Buyer purchases one of these products as a consumer, he has a period of 14 days following receipt of his order, to exercise his right of withdrawal in relation to the sales contract without him having to justify her decision.
If this period ends on a Saturday, Sunday or public holiday, it is automatically extended until the next working day.
In order to exercise his right of withdrawal in relation to the products listed above for which it is applicable, the Buyer must send the Seller a writing in which he clearly indicates the following information:
- her name;
- His postal address;
- His telephone number;
- His email address;
- Its order number;
- The products he wishes to return;
This writing can be sent to the Seller by post to the address below:
Picture perfect
62 boulevard Davout
75020 Paris
France
The Buyer can also send this message by email to the email address contact@pictureperfect.fr or fill out the form on the Contact Us page on the Site.
9. Returns and Refunds
The Order may be canceled by the Buyer under the following conditions:
- The Seller failed to deliver the ordered products within 28 days following the date of the Order.
- The products delivered are defective or present a defect discovered by the Buyer, provided that the Buyer has inspected the products within a reasonable time after their delivery and never beyond 14 days after their receipt.
The Buyer must inform the Seller in writing of his wish to cancel the sale by email to the address contact@pictureperfect.fr . Their wish to cancel must be expressed clearly, in writing and in an unambiguous manner.
With the exception of defects or failures presented by the product, the present articles of these general conditions of sale do not give the Buyer the right to cancel the order placed with regard to the products, which by their nature have been manufactured and/or designed according to the Buyer's own specifications or which have been clearly personalized.
10. Limitation of liability
The Seller cannot be held responsible for defective deliveries or products unless, in accordance with article 9 of these conditions, the Buyer has made a written complaint or if after a reasonable inspection of the products, the Buyer has discovered these defects .
The complaint drawn up by the Buyer must contain:
- the Order confirmation number;
- The Order number;
- The delivery tracking number;
- And the reasons for the complaint.
In the event that the Seller validates this claim, it is at its sole discretion whether or not to replace the products (or, where applicable, the defective part of the product) or to reimburse the price to the Buyer (or the proportion of the price for the defective part).
In view of the conditions and matters provided for in this article, the Seller has no further liability towards the Buyer.
Under this Contract, the Seller cannot be held responsible for any loss, damage, costs or expenses (including any loss of profits or opportunity) caused directly or indirectly by a failure or delay in the execution of the contract. any obligation due to any event or circumstance beyond the reasonable control of the Seller. Such causes include (but are not limited to) any power or equipment failure, strike, industrial action, government action or Force Majeure.
The liability of the Seller and its agents, employees, subcontractors or suppliers, shall not exceed, in the aggregate, the net purchase price (excluding taxes and transportation) of such products or services, when raised in respect of a claim arising from performance or non-performance of Seller's obligations in connection with the use of information provided under the contract, or the rendering of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise.
The Seller's liability cannot under any circumstances include the payment by the Seller to the Buyer of damages for the following reasons:
- Loss of profits or revenue;
- The increase in the cost of acquisition or supply of materials, suppliers or services;
- The cost of replacement capital, claims from potential customers of the Buyer, inventory or usage costs or any direct or indirect damages of any nature;
The limitations of liability provided for in this article prevail over any contradictory or incompatible provision which may be included in any document constituting this contract. It is up to the Buyer to take the necessary measures and precautions to ensure that the computer equipment and/or software selected for use does not contain any malware type elements (such as viruses, worms, Trojan horses or any other element of a destructive nature).
The Seller cannot under any circumstances be held liable to the Buyer or any other third party or other party associated with the Buyer, for any direct, indirect, special general or other damage arising from the use of the site www.pictureprint.fr , or any other hyperlinked site, including but not limited to, in terms of loss of profits, business interruption, loss of any type of data or programs on the Buyer's information processing system or otherwise, even if the Seller has been expressly advised of the possibility of such damage.
The liability of a marketing partner or an affiliate of the Seller cannot under any circumstances be retained towards the Buyer in the context of the services provided by and on the pictureprint.fr site. The Seller hereby disclaims all liability on behalf of its partners and affiliates.
11. Intellectual property
The Site www.pictureprint.fr is the property of the Seller who operates it. Unless otherwise indicated on the Site, the Seller owns the copyright in all content included on www.pictureprint.fr .
The following notices are considered to be part of the content:
- Logos;
- the texts;
- Graphics;
- Marks;
- Sounds;
- Information present on the software server;
- Any other elements hosted on the site www.pictureprint.fr .
The rights, services, content and information on the server are reserved. Any modification made by a third party to the content of the Site constitutes a violation of the Seller's copyright. The terms of notices and reserved rights potentially present on the Site must be followed and observed.
No information present or contained on the Site can be interpreted as conferring by implication or any other means, an authorization or right to use the Site or any other information displayed on the site, unless a provision of these general conditions of sale expressly provides for this; or if the Seller has given express written authorization to the Buyer or the party or third party concerned.
The logo present on www.pictureprint.fr , the name and other brands indicated on the site are the subject of commercial names or registered trademarks of the Seller in the European Union and constitute the intellectual property of the Seller.
The Seller maintains all rights in and to the graphics, logos, page headers, icons, scripts and service names are the trade names or presentations of www.pictureprint.fr .
By using the Site, the Buyer undertakes to respect the property of the Seller by not reproducing in any way the content of the Site, the registered trademarks and any other property of the Seller. Any trade name of the Seller may not be used in connection with a product or service which does not belong to the Seller in any manner which is likely to create confusion among customers or any other third party visiting the Site or which in any way is intended to discredit , denigrate or harm the Seller.
By using the Site to place an Order, the Buyer agrees not to use the services offered by the Seller to infringe, in any way, the intellectual property rights of others, including the intellectual property rights of fonts , images, slogan etc., which can be downloaded partially or entirely by the Buyer from the Seller's Site.
Any claim or other loss arising from the alleged or actual violation of these rights by the Buyer will be the sole responsibility of the Buyer who will be solely and entirely liable for any possible damages or any other type of compensation.
The Seller reserves the right to immediately terminate, with or without notice, the user account of the Buyer who violates or is suspected of having violated the reserved rights or any other intellectual property right of the Seller or any other third party and to therefore remove any material that is infringing, or suspected of being infringing
Buyer acknowledges that Seller is a “service provider” operating in accordance with the United States Digital Millennium Copyright Act (the “DMCA”). In accordance with the DMCA law, the Seller may implement standard techniques used to identify and protect works under reserved rights.
The Seller respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Seller with the following information:
- (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- (b) a description of the work that you claim to have been infringed, and where the material that you claim to be infringed is located on www.pictureprint.fr ;
- (c) your address, telephone number and email address;
- (d) a statement that your claim of infringement is based on your good faith;
- (e) a statement, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any complaints can be sent by post to:
Picture perfect
62 boulevard Davout
75020 Paris
France
12. Data protection
The parties involved undertake to process all personal data under the General Conditions and in accordance with the principles dictated by the GDPR.
The Seller will process personal data in accordance with its Privacy Policy.
13. Applicable law and jurisdiction
The parties agree that the Contract is governed and interpreted in accordance with French law. The parties irrevocably agree that the courts of the Paris Court of Appeal are competent to settle any dispute which may arise within the framework of the Contract.
14. Statutory Rights
The rights conferred on the Seller and the Buyer by these General Terms and Conditions and the remedies under the contract are complementary and do not constitute a derogation from other rights and remedies that French law may guarantee them.
15. General
(A) Typographical errors
The Seller strives to make its descriptions as precise as possible, however the information on the site www.pictureprint.fr may contain typographical errors or other inaccuracies. In this sense, the Seller cannot guarantee that the content of the site www.pictureprint.fr is accurate, up to date, complete and error-free.
(B) Website Availability
Due to the service interruptions frequently experienced by public networks and in particular the Internet, the Seller cannot guarantee continued accessibility to its website www.pictureprint.fr . The Seller strives to offer the most reliable website possible, however since interruptions and delays in access to the site are inevitable and beyond the control of the Seller, the latter declines all responsibility for damages arising from this type of 'interruptions.
(C) Hypertext links (off-site)
The simple presence of a link on the site www.pictureprint.fr referring to another site which is not the property of www.pictureprint.fr in no way means that the Seller accepts any responsibility for the content or use of this site.
It is up to the Buyer to take the necessary precautions to ensure that the sites on which he browses do not present any type of malware, virus, computer worm, Trojan horse or any other type of software of a destructive nature.
(D) Authorization
The Seller grants the Buyer a personal, non-exclusive, limited and non-transferable right to access and use the content present on the site www.pictureprint.fr for the purpose of purchasing products or other services provided by the site .
This use must comply with these General Terms and Conditions and the Privacy Policy of www.pictureprint.fr .
( E) Notice
Notice given or made under the Contract must be in writing (except that which is in writing on the screen of a visual display unit or other similar device) as these terms had been defined in article 2 of these General Terms and Conditions.
Any notice served on the Seller must be in accordance with the conditions provided for in Article 11 of these General Terms and Conditions. The notice thus served will then be deemed to have been duly served if it is :
- is sent by personal delivery to the address of the relevant party;
- Either sent by first class post, two working days after the date of dispatch.
Both the Seller and the Buyer may notify the other party of the change of their name, recipient, address relevant to the application of this article. In this case, this notification will only be effective:
- on the date indicated by the party concerned as the date from which the change is to be effective;
- on the date falling on the fifth working day after notification of any change when no date has been specified and/or when the date indicated is less than five working days following the date on which notice was given;
This article is not intended to be applied in connection with the official services of any court documents or any other document that may arise in the context of litigation under the Contract.
(F) Waiver
When the Seller does not exercise a right or power when he has the possibility to do so, this in no way hinders the exercise of this right or this power. When exercising this right or power, the Seller will be able to do so again in the same or different manner.
(G) Dissociation
If a provision of these General Terms and Conditions is judged to be void, contrary to public order or inapplicable by a court of competent jurisdiction, and once all avenues of appeal have been exhausted, then the provision concerned by this judgment will be modified. in accordance with the judgment rendered to make it valid and enforceable.
In the event that the offending provision cannot be modified, then it will be deemed to be removed from the contract in its entirety. Thus, the rest of the counter will be applicable, ignoring the faulty provision which is then eliminated.
(H) Creation of an account and identification
The Buyer can only place an order on the Site on the condition that he has previously identified himself via connection to his account.
In order to create their personal account, the Buyer must complete the form made available to them on the page www.pictureprint.fr/account .
The Buyer must therefore provide the information necessary for his identification, which is as follows:
- his first and last name
- and/or, where applicable, its company name,
- their SIRET number;
- his email address;
- his telephone number;
- billing address;
- the delivery adress
- his password.
Before being able to place an order on the Site, the Buyer must identify himself by providing his email address and the password he has chosen on the page www.pictureprint.fr/login .
The Buyer recognizes the personal and confidential nature of the password and is entirely responsible for his use of it and its preservation. He further undertakes to take all necessary precautions to keep his password secret and undertakes not to disclose it to anyone. In order to preserve the confidentiality of his password, the Buyer is invited to disconnect from the Site after each use.
If you forget, the Buyer is invited to go to the following link: www.pictureprint.fr/lostpassword to reset your password. He will then receive a password reset email to the email address provided when creating his user account.
In the event of loss or involuntary disclosure of the password or any element likely to allow a third party to identify it; the Buyer is invited to immediately change this password from their profile page on their account. You are invited to try the forgetting password procedure defined above. If it is impossible for him to connect, the Buyer must then immediately inform the Seller that his password has been compromised so that the latter can change the password which he will communicate to the Buyer.
(I) Order online
Regarding the order placed on the Internet, the Buyer acknowledges having the possibility of placing an order based on the references of the products available on the Site. Each product on the site contains a description and options that the Buyer can or must select in order to place an order for the desired product.
The Buyer has the choice of placing an order with the provision of files or using the customizable models made available to him.
By placing an Order, the Buyer accepts without reservation the prices and descriptions of the products ordered.
From the product references available on the Site, the Buyer selects the products he wishes to purchase by clicking on the “Order” button.
The Buyer can, at any time when placing an order, view the items in their basket by clicking on the “Basket” link.
The Buyer having selected the products he wishes to purchase can proceed to finalize the order at any time by clicking on the “Continue” button.
In order to complete and validate the order, the Buyer must, after having checked the summary of his order and accepted these general conditions of sale, enter the information necessary for his payment, such as but not limited to his bank details.
When the Order includes customizable or personalized printed products requiring the transmission of files, the latter must be deposited on the servers hosting the PICTURE PERFECT Site and be in compliance with the technical specifications given on the product sheet of the Products forming part of the order .
Confirmation of the Order is considered final and only binds the parties once the Buyer has paid the price of the order. Until confirmation of the Order, the Buyer may abandon or modify the content of his order at any time. He will then have to confirm the new contents of the basket when paying.
To combat fraud, PICTURE PERFECT reserves the right to request at any time from the Buyer any document necessary to certify their identity or the authenticity of their means of payment.
Once the compliant files have been transmitted and payment has been made, the Buyer receives an email summary of their order indicating the estimated delivery time.