1. Legal notices
The Seller is the Individual Limited Liability Company IJAMI GALLERY (trade name) represented by Mrs Charlène AUTIERO, registered in the trade and companies register of Antibes under number 812 421 485, having its registered office at 91 chemin Muratore 06410 Biot, FRANCE and having the intra-community VAT number: FR 788 124 214 85.
The Seller has for email contact@ijamigallery.com.
The Seller's activity is the creation and sale of photographic products (hereinafter referred to as the “Products”) on Internet via the website www.ijamigallery.com (hereinafter referred to as the “Site”).
The Site is the property and is edited by the Seller. The director of the publication is Mrs Charlène AUTIERO.
The site host is Infomaniak whose address is Rue Eugène-Marziano 25, Geneva, CH. (in Switzerland), and whose number (international support) is : +41 22 820 35 44.
2. General principles
These General Conditions of Sale define the terms of online sales concluded between the Seller and any consumer making a purchase via the Site, hereinafter referred to as the Customer.
They are written in French in their original version which alone is authentic and prevails over any other version.
These General Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Site at any time and they are systematically submitted to the Customer before any order and when the order is registered.
When opening a Customer Account or when ordering, clicking on the button "I accept the general conditions of sale" indicates the Customer's consent to the application of these general conditions of sale.
The Customer declares to have taken cognizance of the following provisions before ordering the Products.
Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these General Conditions of Sale.
A printed version of the General Conditions of Sale as well as any information sent electronically will be admitted in any legal proceedings concerning the application of these General Conditions of Sale in the same way and under the same conditions as any other written document and kept in paper format.
The fact of not exercising, at any time, a prerogative recognized by these General Conditions of Sale, or of not requiring the application of any stipulation of the agreement resulting from said Conditions may in no case be interpreted, neither as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to demand the scrupulous execution of the commitments made herein.
In the event that any of the terms of the General Conditions of Sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Given the possible changes to the Site, the Seller reserves the right to adapt or modify these General Conditions of Sale at any time. Consequently, the Seller invites the Customer to consult the General Conditions of Sale before any new order. The General Conditions of Sale then in force will be applicable to all orders placed from the date they are put online.
3. Legal majority and capacity
The Customer declares to be legally able of concluding this Contract, which the General Conditions of Sale are presented below, that is to say to have the legal majority and not to be under guardianship or curatorship.
4. Products
The essential characteristics of the Products are described for each Product in the online catalog. They were presented to the Customer prior to the order, as part of the pre-contractual information which was thus communicated to him.
In particular, all prints are made to order. Particular care is taken in the production of each print, depending on the supports, sizes and options selected by the Customer.
Although the Seller ensures optimum quality of prints and supports, the Customer's attention is drawn to the fact that depending on the quality of the Internet user's screen or its calibration, the colors, luminosities and / or contrasts may slightly differ from reality, without this being attributable to the Seller.
5. Customer account
To order online on the Site, it is possible (but not compulsory) to create a Customer Account.
When placing any order and if necessary for creating an account, the Customer will be asked to indicate his name, first name, address, telephone number, date of birth, email address. The bank details requested during payment are not kept.
After the creation of his Customer Account, an e-mail confirmation is sent to the Customer to the address that he has previously provided.
The Customer undertakes to provide the Seller with accurate, up-to-date and complete data and to preserve its accuracy. The Customer undertakes not to create an account under a false identity. It is up to the Customer to update the data concerning him.
The connection identifier is the Customer's e-mail address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties for any reason whatsoever. The Customer is responsible for his password. If he notices that his account is being used fraudulently, the Customer undertakes to report it immediately to the Seller via the following contact address: contact@ijamigallery.com.
6. Order
The Customer places his order from the Seller's online catalog accessible on the Site.
All orders are made only via the Site.
It is specified that ANY ORDER MADE ON THE SITE IS AN ORDER WITH OBLIGATION OF PAYMENT.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
To place an order online on the Site, the Customer must:
. fill their shopping cart with one or more Products;
. identify himself with his e-mail and password if he already has a Customer Account, or create a Customer Account or, if the Customer does not wish to create a Customer Account, he will simply have to enter his name, first name, address , telephone number, date of birth and mail address;
enter the billing and / or delivery address.
Once his order has been filled, the Customer has the possibility of checking the Products ordered, the total price of his order and the conditions of his order. He chooses his method of payment. He can, if necessary, modify this order or go back on his order before confirming it definitively.
The order will not be definitively registered until the last validation of the order summary screen. This action is assimilated to the handwritten signature referred to in Article 1367 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code. From this action:
. the Customer confirms his order and declares to accept it, as well as all of these General Conditions of Sale fully and without reservation; and
. the order is considered irrevocable and can only be called into question in the cases exhaustively provided for herein.
The Customer has the possibility of printing the order form corresponding to his order.
7. Order confirmation
As soon as the Customer has registered his order, a detailed acknowledgment of receipt is sent to his e-mail address which he will have previously informed. This acknowledgment of receipt specifies the exact amount invoiced, the indication of the products ordered and their quantity, the terms of the order delivery and refers to these General Conditions of Sale. This acknowledgment of receipt constitutes acceptance of the order by the Seller and will validate the transaction. The Customer accepts that the order registration systems constitute proof of the purchase and its date. By keeping this e-mail and / or printing it, the Customer has proof of his order that the Seller recommends that he keep.
This e-mail confirms that the Customer's order has been taken into account by the Seller and not that the Product ordered is available.
The Seller undertakes to honor online orders only within the limits of available stocks.
In the absence of availability, the Seller undertakes to inform the Customer as soon as possible by e-mail or by phone. The Customer has the option, in the event of unavailability of the Product ordered, either to cancel or to modify his order. In the event of cancellation for unavailability, the Customer will be paid back in a delay of fourteen (14) days from the receipt of his cancellation request.
Any cancellation of an order by the Customer outside of the right of withdrawal as provided for in Article 15 or in application of Article 13 will result in the Seller's retention of the price paid.
8. Price
ORDERS ON THE SITE ARE ORDERS WITH OBLIGATION OF PAYMENT. The prices of the Products are indicated in euros, canadian dollars and U.S. dollars all taxes included. They take into account the VAT in force for France on the day of the order. The Seller is not subject to VAT (article 293B of the CGI). Any change in the Seller's tax regime or the applicable VAT rate will automatically be reflected in the price of the Products.
The Seller reserves the right to modify 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.
The advertised prices do not include any customs charges or local tax, payable by the Customer. Any exchange costs remain the responsibility of the Customer.
The advertised prices do not take into account the shipping costs which are in principle the responsibility of the Customer, in accordance with the provisions of article 9 below.
Promotional offers are only valid within the double limit of the period of validity of the offer concerned and of available stocks.
9. Shipping costs
The shipping / return costs are the sole responsibility of the Customer, except in the case exhaustively provided for in article 12 hereof, linked to the non-conformity or to a defect of the Product. They include order processing and packaging.
10. Payment
Payment for the order is understood to be cash on the day of the order. The actual placing of funds at the disposal of the Seller constitutes a payment within the meaning of this article.
Invoices are payable in euros, canadian dollars or U.S. dollars at the Seller's headquarters.
Payment is made online when ordering by credit card, Visa, Mastercard, Paylib or PayPal under the following conditions.
Security of transactions
In order to optimize the security of transactions on the Internet, the Site uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted, in the as part of an online payment.
Our 3D secure online payment system automatically checks the validity of access rights when paying by credit card and encrypts all exchanges to ensure confidentiality.
To benefit from the secure SSL payment method, the Customer must use browsers compatible with the SSL system.
11. Delivery
Terms of delivery
Delivery is provided in the following countries:
EUROPE: Germany, Austria, Belgium, Croatia, Denmark, Spain, Estonia, Finland, Metropolitan France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden, Monaco.
AMERICA: Canada, USA.
ASIA: China, Hong Kong, Japan, Singapore.
The parcel number will be indicated by e-mail to the Customer, to allow him to take note of the follow-up of his delivery.
Shipping costs will be invoiced at the rate in effect on the day of the order.
The Customer takes note of the delivery terms before final validation of his order.
For any order outside the areas announced in these General Conditions of Sale, contact Ijami Gallery by email at contact@ijamigallery.com
Delivery time
Delivery times are indicated on the Site when ordering. They vary according to the Product, the number of Products and the destination (between 10 and 12 working days). They start to run from the receipt of payment by the Seller.
If several items ordered at the same time have a different delivery date, the delivery deadline will be the later. However, in this case, the Seller reserves the right to deliver the order in several installments.
Although they are indicative, the Seller will make its best efforts to respect the delivery times mentioned when ordering.
In the event of a delay in delivery attributable to the Seller, the Customer will have the option of requesting the cancellation of the sale of the Product by email (sent with a means allowing to ensure its good reception by the Seller) if, after having ordered under the same terms the Seller to make the delivery within an additional period of 15 days, the Seller has not performed within this period.
In this case, the sale will be considered canceled upon receipt by the Seller of a new email (sent with a means to ensure its good reception by the Seller) informing him of the termination, unless the Seller has not complied in the meantime.
In the event of cancellation of the sale, the Seller will pay back the Customer within 14 days from the date of the cancellation.
Failure to meet delivery deadlines will not give rise to the payment of any compensation.
12. Receipt of Products
The Customer is required to check the condition of the Product's packaging at the time of delivery and must immediately notify the delivery person of any reservations he intends to make regarding the condition of the Product delivered so that they are mentioned on the transport document: damaged packaging, damage suffered, etc.
Any claim on apparent defects or any damage related to transport must be confirmed by the Customer to the Seller within 48 hours of receipt of the Product by email to the following address: contact@ijamigallery.com with a means to ensure its good reception by the Seller.
The Customer must provide any justification as to the reality of the damage or defects observed.
In the absence of a complaint made within the aforementioned period and conditions, the Products delivered will be deemed to have been accepted by the Customer.
By reporting the defect, the Customer will obtain a return authorization from the Seller specifying the address and the terms and conditions for returning the Products.
Once the return authorization has been obtained, the Customer sends the Products back to the Seller at the address specified on the return authorization according to the terms indicated.
Any Product returned without the agreement of the Seller will be refused and returned to the sender at the expense and risk of the latter.
To be validly returned to the Seller, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product, the Customer must use the same delivery method for the return of the Products as that chosen for the shipment of the Products ordered. In this context, the return costs will be borne by the Seller by means of a return slip or, failing this, by paying back the Customer for the actual amount of said costs (proof of shipping costs must be attached to the package in; in the event of absence, no payment back may be required by the Customer).
The refund of the Product will be made as soon as possible and, at the latest, within 14 (fourteen) days following receipt by the Seller of the returned Product. The payment back will be made by crediting the Customer's bank account.
These provisions do not preclude a better agreement between the Parties.
13. Guarantee
Guarantee of conformity and legal guarantee against hidden defects
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 and the following of the consumer code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of civil Code).
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two (2) years from the delivery of the products to act against the Seller,
- may choose between repair or replacement of the product ordered, subject to the cost conditions provided for in article L 217-12 of the Consumer Code
- is exempt from providing proof of the existence of the lack of conformity of the products during the twenty-four months following delivery, except for second-hand products (12-month period).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer can also decide to implement the guarantee against hidden defects of the products in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
CONFORMITY GUARANTEE
Article L217-3
The seller delivers products that comply with the contract as well as with the criteria set out in article L.217-5. He is liable for any lack of conformity existing at the time of delivery of the products within the meaning of Article L.216-1, which appear within two years from this date. (…)
The seller also responds, during the same deadlines, to any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 and the following of the Civil Code. The starting point for the limitation period for the action of the consumer is the day on which the latter becomes aware of the lack of conformity.
Article L217-4
The product complies with the contract if it meets, in particular, where applicable, the following criteria: 1 ° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract
2 ° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted; 3 ° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4 ° It is updated in accordance with the contract.
Article L217-5
I.- In addition to the criteria of conformity with the contract, the product is in conformity if it meets the following criteria: 1 ° It is suitable for the use usually expected of a product of the same type, taking into account, if there is, any provision of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2 ° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3 ° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4 ° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5 ° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6 ° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for products of the same type, having regard to the nature of the product as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1 ° That he did not know them and was legitimately not in a position to know them;
2 ° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3 ° That public statements could not have had any influence on the purchase decision.
III.-The consumer cannot contest the conformity by invoking a defect concerning one or more particular characteristics of the product, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately agreed upon conclusion of the contract.
Article L217-7
The lack of conformity which appears within a period of twenty-four months from the delivery of the products, including products comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the product or the defect invoked.
For second-hand products, this period is set at twelve months.
(…)
Article L217-8
In the event of a lack of conformity, the consumer has the right to bring the products into conformity by repair or replacement or, failing that, to reduce the price or terminate the contract, under the conditions set out in this subsection.
The consumer has, moreover, the right to suspend the payment of all or part of the price or the discount of the advantage provided for in the contract until the seller has fulfilled the obligations
incumbent on him under this chapter, in the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L217-9
The consumer has the right to demand that the products comply with the criteria set out in subsection 1 of this section.
The consumer asks the seller to bring the products into conformity, choosing between repair and replacement. To this end, the consumer makes the product available to the seller.
Article L217-10
The products are brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the product and the use sought by the consumer.
The repair or replacement of the nonconforming product includes, if necessary, the removal and the taking back of this product and the installation of the repaired product or the replacement product by the seller.
A decree specifies the modalities for bringing the product into conformity.
Article L217-11
The products are brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced product during the period prior to its replacement.
Article L217-12
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1 ° The value that the product would have in the absence of lack of conformity;
2 ° The importance of the lack of conformity;
3 ° The possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the products into conformity if this is impossible or entails disproportionate costs, in particular with regard to 1 ° and 2 °.
When these conditions are not respected, the consumer can, after formal notice, continue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the product into conformity, is justified in writing or on a durable medium.
Article L217-13
Any product repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
As soon as the consumer chooses the repair but this is not implemented by the seller, the compliance by the replacement of the product causes, for the benefit of the consumer, a new legal warranty period of conformity attached to the replaced product. This provision applies from the day the replacement product is delivered to the consumer.
Article L217-14
The consumer has the right to a reduction in the price of the products or to the termination of the contract in the following cases:
1 ° When the professional refuses any compliance;
2 ° When the compliance occurs beyond a period of thirty days following the request of the consumer or if it causes him a major inconvenience;
3 ° If the consumer definitively bears the costs of taking back or removing the non-conforming product, or if he supports the installation of the repaired or replacement product or the related costs;
4 ° When the non-conformity of the product persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
The consumer also has the right to a reduction in the price of the product or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the termination of the contract to be immediate. The consumer is then not required to request repair or replacement of the product in advance.
The consumer has no right to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph is not applicable to contracts in which the consumer does not pay a price.
Article L217-15
In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the product.
The price reduction is proportional to the difference between the value of the product delivered and the value of this product in the absence of the lack of conformity.
Article L217-16
In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the products to the seller at the latter's expense. The seller pays back the consumer for the price paid and returns any other advantage received under the contract. If the lack of conformity relates only to certain products delivered under the sales contract, the consumer has the right to terminate the contract for all the products, even those not covered by this chapter, if one does not can reasonably expect him to agree to keep the only compliant products.
For the contracts mentioned in II of Article L. 217-1, providing for the sale of products and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to the cancellation of the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all of the related contracts.
The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the termination for digital content and digital services, are applicable to the termination of the contract for the sale of products comprising digital elements.
Article L217-17
The payment back to the consumer of the sums due by the seller under this subsection is made upon receipt of the products or proof of their return by the consumer and at the latest within the following fourteen days.
The seller pays back these sums by resorting to the same means of payment as that used by the consumer when concluding the contract, except with the latter's express agreement and in any event at no additional cost.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code:
The seller is bound by the warranty 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 has not acquired it, or would have given a lower price, if he had known them.
Article 1648 paragraph one of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the event of a lack of conformity or a defect, the procedure to be followed is detailed in Article 12.
14. Liability
Information
The Seller strives to ensure to the best of its ability the accuracy and updating of the information published on the Site, which he reserves the right to modify, at any time and without notice. However, it cannot guarantee the accuracy, precision or exhaustiveness of the information appearing on the Site. Consequently, the Seller declines all responsibility for inaccuracies or omissions relating to the information available, as well as any liability relating to damage resulting from fraudulent intrusion by a third party leading to a modification of the information contained on the Site.
The hypertext links set up within the framework of this Website to other resources present on the Internet network can not engage the responsibility of the Seller. Indeed, the Seller has no means to control the Sites in connection with his Site, of which the Customer is expressly informed by virtue of these presents. Consequently, the risks associated with this use fall fully on the Internet user, who must comply with the conditions of use specific to each Site.
Likewise, although every effort is made to conform to reality, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Seller's liability cannot be engaged in the event of an error in one of these photographs or one of these texts.
Product compliance with applicable standards
The Seller undertakes to sell Products which comply with the regulations and standards in force in the European Union at the time of the sale.
Use of the Site
Use and navigation on the Site are the responsibility of the Customer. The Seller declines all responsibility and cannot be held responsible for any damage or virus that could affect the computer equipment or any other material when accessing the Site, using the Site or browsing the Site, downloading any content, data, text, images or files from the Site.
Improper use / installation of the Product
The Seller declines all responsibility and cannot be held responsible for any damage caused to the Customer or to a third party due to use of the Product not in accordance with its destination or without having followed the following recommendations for use:
Recommendations for use : do not hang the works in direct sunlight, or above radiators. Handle the prints delicately so as not to mark the work. Favor the use of cotton gloves for optimal handling. To enjoy the work under acrylic glass for a long time, only use a soft, dry, lint-free cloth (for example microfiber type) for dusting, WITHOUT PRESSING, and never use glass cleaning products. For large formats, the work must be hung using two screws or two nails arranged symmetrically (NEVER at a single point using a wire or metal wire).
15. Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the consumer who concludes a contract by a means of distance communication has a withdrawal period of fourteen (14) days from the date of the Product’s receipt to return to his order.
It is specified that in the case of an order relating to several products delivered separately or in the case of an order of a product composed of lots or multiple pieces whose delivery is spread over a defined period, the period shall run from the receipt of the last product or lot or the last part.
For contracts providing for the regular delivery of products during a defined period, the period starts from the receipt of the first product.
To exercise his right of withdrawal, the Customer has fourteen (14) days to inform the Seller of his intention to withdraw by completing and sending the online form from the following link at contact@ijamigallery.com or any other unambiguous statement expressing its willingness to retract.
When the right of withdrawal is transmitted electronically online from the Site, the Seller will immediately send the Customer an acknowledgment of receipt of the withdrawal by email. The Customer is recommended to keep a durable copy of this acknowledgment of receipt.
The Customer then sends the Products within fourteen (14) days of sending the withdrawal form, accompanied by a copy of the invoice. The costs and risks of return are the sole responsibility of the Customer. The Products are returned to the Seller at the following address: 91 Chemin Muratore 06410 Biot, FRANCE, for the attention of Mrs. Charlène AUTIERO.
The Customer is informed that the costs of returning the Products in the event of withdrawal are their sole responsibility. The cost of returning the Product is the cost of initial delivery under the standard delivery method offered by the Seller when ordering.
The Seller undertakes to pay back the Customer for the price of his order within 14 days of receipt of the Products or at least a shipment’s proof of the Products (first of the two dates).The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer may be held liable in the event of deterioration of the Product by the Customer.
16. Intellectual property
The Customer does not have any intellectual or industrial property rights on the Products, packaging, the Seller remaining the exclusive owner of all these rights, subject to those of its partners.
Any use in any way by the Customer of the IJAMI brand or any other brand belonging to the Seller or its suppliers and manufacturers is strictly prohibited.
The content and structure of the Site are reserved under copyright, as well as intellectual property rights for the whole world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any reproduction or representation, total or partial, of any content on the Site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
The Customer is also reminded that the possession of the material medium of a work (such as the printing of a photograph on the Site) does not confer any intellectual property rights (article L111-3 of the Intellectual Property Code). Therefore, no reproduction, distribution or exploitation of the photograph represented is authorized without the prior written consent of the Seller.
Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the infringer.
None of the provisions of these General Conditions of Sale may be interpreted as conferring on the Customer a license on any intellectual property right.
17. Protection of personal data
The Seller declares to respect and undertakes to respect the regulations relating to personal data in force in France, and in particular the European data protection regulations of April 27, 2016 (RGPD) and the Data Protection Act of January 6, 1978 as amended.
17.1. Data collected
When creating the Customer Account and / or placing the order, the Seller collects personal data for the conclusion of the Contract, its execution, its management and the preparation of invoices. The Seller may use personal data for commercial solicitations in accordance with the legal requirements in force. The data collected in this context are as follows: title, surname, first name, address, date of birth, phone number, email address.
The collection is based on the performance of the Contract.
During collection, certain data must be completed and are marked with an asterisk, others are optional.The Seller undertakes not to use the data collected for purposes other than those mentioned above (unless requested by a competent judicial and / or administrative authority).
The data is kept in an active database for the duration of the Contract or 3 years from the last contact with the Client, and in an archive database for a period of 5 years, the duration of the ordinary law prescription.
The recipient of the data is the Seller, who however reserves the right to transmit all or part of the personal data of its Customers to its subcontractors for the purposes of the Contract, and in particular for the execution of any order and the delivery.The Seller undertakes to take all useful precautions to preserve the security of the data communicated and, in particular, to prevent them from being distorted, damaged or that unauthorized third parties have access to them.
The Seller stores the data within the European Union or within countries recognized as adequate at EU level (Switzerland).
The Customer has the right to ask the Seller for access, rectification, erasure or portability of his personal data. The Customer may also request limitation of processing or object to the processing of data concerning him. The Customer has the right to withdraw his consent to the processing of his data at any time.
The Customer can exercise their rights by sending an e-mail to contact@ijamigallery.com, mentioning their full contact details (name, first name, address, telephone, e-mail address) and specifying the subject of the correspondence. You will be asked to justify your identity.
Finally, the Customer has the possibility of lodging a complaint with the CNIL.
17.2. Cookies and other tracking technologies
When visiting the Site, cookies may be placed on the Customer's computer, tablet or smartphone.
A "cookie" is a small text file which contains information specific to the user of the Site. It is stored on the Internet user's hard drive and can only be read by the server that provided it.
For example, cookies help the Seller remember the username the next time the Customer visits, understand their interactions with their content and improve the content based on the information collected.
Informations obtained by cookies are recorded on the server which hosts the Site and which is located in Switzerland.
The purpose of the cookies used
The Seller makes limited use of "cookies" in order to facilitate navigation on the Site, to optimize the consultation of the Site, to carry out audience measurements. Cookies are kept for a maximum of 13 months.
In this case, it is about:
- cookies necessary for the proper functioning of the Site:
These are the cookies that are essential for monitoring and registering Customer Accounts on the Site. Without these cookies, certain settings of the Site may not work correctly.
- functionality cookies:
These are cookies that are essential for browsing the Site. These are cookies that make it possible to remember the choices made during visits. The seller can for example keep the geographical location in a cookie in order to offer establishments or events around this location.
- traffic analysis cookies:
These are cookies used to monitor the browsing of Internet users in order to establish consultation statistics and monitor the performance of the Site. This data helps improve the Site and provide a better user experience.
If the Customer does not wish this technology to be used, it is possible to deactivate this function in the navigation software while maintaining access to the Site. This may limit the ability to use / benefit from certain features of the Site.
Managing cookies
During the first session of Internet users on the Site, a cookie banner will appear on the home page. A clickable link allows you to find out more about the usefulness and operation of cookies. The continuation of navigation on another page of the Site or the selection of an element of the Site (image, link, button "search" ...) implies acceptance of the use of cookies by Internet users.
At any time, the Customer can choose to deactivate cookies. The browser can also be configured to indicate the cookies that are placed in the browser software and ask to accept them or not.
The Customer can accept or refuse cookies on a case-by-case basis or refuse them systematically.
18. Force majeure
The Seller disclaims all liability for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, catastrophes, fires, internal or external strike, internal or external failure or breakdown, and generally any event that does not allow the proper execution of orders.
19. Applicable law and competent jurisdiction
These General Conditions are subject to French internal law, excluding any international agreement.
In the event of a dispute relating to these General Conditions or to the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court is that of the place of domicile of the defendant or that of the actual delivery of the Product.
20. Recourse to the consumer mediator
If the Customer is a “consumer” within the meaning of the preliminary article of the Consumer Code, he must first send his complaint directly through the contact form on the Site.
If this attempt fails, the Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution method and in particular by having recourse, free of charge, within one year from your complaint, to the mediator of the competent consumption according to the provisions of Title 5 of Book I of the Consumer Code:
SAS CNPM - MÉDIATION - CONSOMMATION
http://cnpm-mediation-consommation.eu
or by post by writing to
CNPM - MÉDIATION - CONSOMMATION
27, avenue de la Libération - 42400 SAINT-CHAMOND
The Customer may, in order to resolve the dispute, access the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of 21 May 2013 relating to the online settlement of consumer disputes, in particular cross-border, in following the link http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if the Customer does not wish to resort to it, the Customer remains free to submit the dispute to the competent courts.