General terms of sale

 

1. Foreword

 

1. Media Convergence operates the painting reproduction website www.maphotomonportrait.com.

MEDIA CONVERGENCE : 46, Avenue de l’Alma – 94210 La Varenne Saint Hilaire.

Tél : 01 45 17 02 00 – Fax : 01 45 17 02 01

E-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

 

SARL au capital de 60979 € - Siret : 383 981 404 00031 – APE 7311Z.

N° VAT number : FR6338398140400031

 

 

2. The site allows for the marketing of hand-painted pictures copied from photographs.

3. Orders may also be placed via other mobile services (mobile websites and mobile applications).

4. Other services may be reserved via the website www.maphotomonportrait.com. These include the fitting of frames, the fitting of a stretcher bar or delivery.

5. The client hereby declares that he has obtained all necessary information from Media Convergence via the website www.maphotomonportrait.com.

6. Any order via the website www.maphotomonportrait.com or via mobile services presupposes that the client has consulted and completely and unreservedly accepted the present general conditions and sales terms.

7. The client’s agreement concerning the present general conditions and the sales terms is considered granted at the time the order is placed. No order may be placed without this agreement.

8. The client has the option to back up and print out these general conditions using the standard functions provided for this purpose on his browser or computer.

9. The website includes the following information:

 

  • Legal information allowing for a precise identification of Media Convergence, including its company name, business address, e-mail address, telephone number, head office address and individual VAT identification number.
  • The essential characteristics of the products and the supplementary services proposed.
  • The prices
  • The payment terms and details
  • The general terms of sale
  • The validity period of the offer and its price
  • The minimum term of the proposed contract, where applicable

 

10. Prior to placing the order for the services, the client formally declares that he is ordering these services for himself.

11. As a private consumer, the client benefits from a number of specific rights and entitlements which may no longer apply in the event that the services he has reserved are not reserved for personal use, or due to the specific characteristics of the purchased product.

12. All of the information available on the www.maphotomonportrait.com is presented in French.

13. The client hereby declares that he possesses the full and necessary legal capacity enabling him to enter into a commitment under the terms of the present general conditions.

 

2. Définitions

 

In the remainder of the present conditions, the terms below will be accorded the signification attributed to them hereafter:

 

"acknowledgement of receipt":

An e-mail sent by www.maphotomonportrait.comto the client, summarising the details of the order placed by the client and confirming that this has been received by www.maphotomonportrait.com.

"reservation confirmation":

An electronic document summarising the characteristics of the orders placed by the client via the Internet and for which he possibly enters his bank card number for a prepayment or guarantee. The acceptance of the order confirmation is contractually binding upon the client.

« client »:

A natural person acting for his own personal or professional requirements.

"e-mail":

A message in text, voice, audio or image form, sent via a public communication network, stored on a network server or in the recipient’s terminal equipment until the latter recovers this.

"Order":

An order for paintings placed by the client via mobile services or via the Internet.

"partners":

Suppliers of services accessible via the www.maphotomonportrait.comwebsite including for the fitting of frames or deliveries.

"online order":

An order for paintings by means of an electronic order form on Media Convergence’s website accessible at the following address www.maphotomonportrait.com

"mobile services ":

All services and protocols making it possible to connect mobile terminals to the Internet, allowing among other things for the ordering and consultation of the services supplied by Media Convergence.

"website":

An electronic service operated by Media Convergence on the Internet and accessible at the following address: www.maphotomonportrait.com.

 

3. Purpose

 

1. The present general terms define the rights and obligations of the parties with regard to the distance selling/ordering of products proposed by Media Convergence via its www.maphotomonportrait.com website.

2. They define all stages inherent to the ordering and order tracking processes between the contractual parties.

3.The client acknowledges that he has familiarised himself with, and accepts the present general terms of sale on the www. maphotomonportrait.com website.

 

4. Scope & applicability

 

1. The present general terms of sale apply to orders placed via Internet.

 

5. Term

 

1.The present general terms of sale will apply for the whole period during which the services are proposed online by Media Convergence on the www.maphotomonportrait.com website.

2. Media Convergence reserves the right to temporarily or definitively close the www. maphotomonportrait.com website without notice or compensation.

3. Media Convergence may not be considered liable for losses of any kind which may result from changes in and/or the temporary unavailability or final closure of all or part of the website or of the services associated with it, such as the online ordering section.

 

6. Reservations

 

1.The client selects from the services presented on the website.

2. The client acknowledges that he has fully familiarised himself with the nature, purpose and terms for the ordering of services available on the website and has sought and obtained the necessary and/or supplementary information to make his reservation in full knowledge of the facts.

3. The client is solely responsible and liable for his choices concerning the orders he places and their suitability vis-a-vis his requirements, with the result being that Media Convergence may not be considered liable in this respect.

4. The order is considered accepted by the client at the end of the ordering process.

 

7. The ordering process

 

1.The orders placed by the client are submitted by means of the electronic order form available online on the www.maphotomonportrait.com website or via an order request submitted using mobile services.

2. The order is considered placed when the order form or order request is received by Media Convergence or when a prepayment is made online by bank card.

3. Prior to placing any order, the client agrees to enter the information requested on the order form or order request.

4.The client guarantees the truthfulness and accuracy of the information supplied.

5. The ordering procedure includes the following stages among others:

 

  • Stage 1 : Search for a painting type and a price;
  • Stage 2 :Where applicable, the selection of one or several supplementary services;
  • Stage 3 :Verification of the order details including its overall price, the applicable sales terms and any possible changes required (shorter delivery times, stretcher bar with cross section etc..) in the case of an online order only;
  • Stage 4 :Inputting of the client’s contact details and address, etc.;
  • Stage 5 :Consultation and acceptance of the general terms of sale;
  • Stage 6 :Confirmation of the order by the client.

 

8. Order acknowledgement

 

1. Upon receipt of the client’s order, an acknowledgement of receipt will be sent to the client by e-mail.

2.In the case of an online order, the order acceptance sent by e-mail summarises the proposed contract, the proposed services, the prices, the terms of sale pertaining to the selected price, (accepted by the client), information concerning the after sales service and commercial warranties in addition to the vendor’s business address at which it may be contacted by the client regarding any complaints.

 

9. Customer service

 

For any complaints concerning your order, our customer service department is available from Monday to Friday from 9 AM to 6:30 PM (French time) on the following telephone numbers:

 

- tél : +33 1 45 17 02 00 pour la France

- fax : +33 1 45 17 02 01

- e-mail : This email address is being protected from spambots. You need JavaScript enabled to view it.

 

The postal address is as follows:

Media Convergence

46, avenue de l’Alma

94210 La Varenne St Hilaire – FRANCE

 

10. Cancellations or modifications by the client

 

1.The client is reminded that in compliance with article L. 121-20-4 of the French Consumer Code, he does not benefit from the right of withdrawal stipulated in article L. 121-20 of the Consumer Code.

2.Reservations with prepayment may not be modified and/or cancelled. Sums paid in advance, which are considered as a deposit, will not be funded

 

11. Liability

 

1.The photographs shown on the website are non-contractual. Although every effort is made to ensure that the photographs, graphical representations and texts shown to illustrate the presented products provide as accurate a representation as possible of them, variations may nevertheless occur. No claims or complaints submitted by the client concerning this point will be considered.

2. Media Convergence may not be considered liable for the non-performance or poor performance of the order in force majeure circumstances, circumstances due to third parties or circumstances due to the client or its partners, such as the unavailability of the Internet, impossibility to access the website, external intrusion, computer viruses or the non-authorisation of a prepayment by the bearer's bank.

3. Media Convergence will bear no liability for any indirect or consequential losses due to the present agreement, including among others operating losses or losses arising due to the actions of third parties, the client or its partners.

4.Hypertext links may point to websites other than the Media Convergence website, with Media Convergence declining any liability for the content of these websites and the services proposed.

5. Any order or payment found to be irregular, illegal, inoperative, incomplete or fraudulent for reasons due to the client will result in the cancellation of the order at the client's costs, without this in any way prejudicing any civil or criminal proceedings which may be taken against the latter.

 

12. Complaints

 

1.To be considered valid, complaints or claims concerning the non-performance or poor performance of the services must be notified to Media Convergence in writing within 24 hours of receipt of the painting, this notification to be sent to the Customer Service Department address shown above.

 

13. Prices

 

1.The relevant prices for the order and services are stated before and at the time of the order.

2. The prices are confirmed to the client inclusive of VAT in the commercial currency of the country and are only valid for the period stated on the website.

3. All orders, regardless of their origin, are payable in euros unless special terms to the contrary are stated when the order is placed.

4.Unless stated otherwise, supplementary services (frames, special stretcher bars, etc.) are not included in the price

5.The prices include VAT applicable on the order date and any change in the applicable VAT rate will automatically be passed on to the Client in the prices stated on the invoicing date.

6. Any modification to or introduction of new legal or statutory taxes imposed by the competent authorities will be automatically passed on to the Client via the prices stated on the invoicing date.

7.Where conversion into a foreign currency is concerned, the exchange rate is provided for information purposes only and is noncontractual. Any possible exchange-rate costs will be borne by the client.

8. Media Convergence will state the total amount payable for the order when issuing the order confirmation.

9.For orders outside France, the prices may be increased to take account of the various taxes according to the towns/countries concerned. The Client agrees to pay these taxes without objection to Media Convergence.

 

14. Payment

 

1.The client supplies his bank details at the time the order is placed, by bank card, credit card or charge card (Visa, Mastercard, American Express, Diners Club, etc.), in the section provided for this purpose (secure data entry using SSL encryption), including the card number with no spaces between the figures and the card validity date and security code for a prepayment via the PAYPAL. payment system.

2.At the time the order is placed, the prepayment to be made equals 50% of the total sum payable for the order, with the remaining balance payable (i.e. 50%) to be paid when the proof goes online for confirmation or correction. For all related services ordered after the delivery of the painting(s) payment is required immediately.

3. Media Convergence has chosen PAYPAL (Payment Service Provider)for secure online payments by bank card. The validity of the client's payment card is checked by PAYPAL. A payment card may be refused for several reasons: stolen card, frozen card, payment ceiling reached, inputting error, etc. In the event of a problem, the client should contact both his bank and Media Convergence to confirm his order and payment method.

 

15. Privacy

 

1.The company's personal data protection policy may be consulted in the "Customer Data Protection Charter" section.

2.Unless the client objects to this, if the client has placed an order via the www.maphotomonportrait.comwebsite, Media Convergence may send him among other things the following by e-mail: its newsletter, details of special offers and promotions and a customer satisfaction questionnaire following his order.

3.The client has the option to object (at no cost) to his data being used for prospection purposes, including for commercial purposes. Furthermore, by clicking on the unsubscribe link shown in the bottom of each commercial e-mail, the client may unsubscribe at any time.

4.The client is informed that all personal data collected is subject to automated processing, for which the data controller is Media Convergence.

5.The processing of this data will enable Media Convergence to:

  • Fulfil its obligations vis-a-vis the client;
  • Keep the client informed of special offers and any new product created by Media Convergence.

6.On each of the forms concerned with the collection of personal data, the client is informed of the compulsory or optional nature of the replies he provides via the presence of an asterisk.

7.The client authorises Media Convergence to supply his personal data to third parties on condition that the provision of such information is compatible with the performance of the operations incumbent upon Media Convergence under the terms of the present general conditions.

8.In particular, when paying online, the client's bank details must be submitted by the PAYPALPAYPAL payment service provider for the processing of the order. The client is informed that this data transfer may therefore occur in foreign countries which do not possess adequate personal data protection under the terms of the French data protection act. However, the client agrees to this transfer for the performance of his contract. In its capacity as a professional, PAYPAL is committed vis-a-vis Media Convergence to take all measures concerning security and the protection of confidential data for the said data transfers.

 

16. Agreement in relation to proof

 

1.The inputting of the required bank information, in addition to the acceptance of the present general conditions and of the order confirmation or order constitute an electronic signature which has the same value as a written signature between the parties.

2.The computerised files stored in Media Convergence’s information system are stored in reasonable security conditions and are considered as proof of the communications, orders and payments between the parties.

3.The client is informed that his IP address is recorded at the time of reservation.

 

17. Force majeure

 

1. Media Convergence may not be considered liable vis-a-vis the client in the event of any failure to perform its obligations resulting from a force majeure event. Force majeure events are considered to include those usually recognised by the case law of the French courts.

 

18. Applicable law

 

1.The present general terms of sale are governed by French law.

2.The same applies for substansive and technical rules.

 

19. Entirety

 

1.The present general terms of sale and the order form or order request express the entirety of the parties’ obligations.

2. No general or specific conditions stipulated by the client may be incorporated within the present general conditions.

3.The documents constituting contractual commitments between the parties are (in order of priority) the order form and the present general conditions.

4.In the event of any contradiction between the order form and general conditions, the terms stipulated on the order form will be the sole conditions applicable regarding the obligation in question.

 

20. Upgrades/modifications to the general terms of sale for Internet sales

 

1.The present Internet general terms of sale may be modified and/or extended at any time by Media Convergence. In this case, the new version of the Internet general terms of sale will be published online by Media Convergence. From the moment these are published online, the new version of the Internet general terms of sale will automatically apply for all clients.

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