TERMS OF USE
Terms and Conditions
Last revised: 26/07/2024
These Terms
(1) This website (the “Site”) and/or the services, including all connected mobile applications (collectively the “Services”), and any offer or sale of products (the “Products”) through the Site, are owned and operated by Colombe Photographie (hereinafter referred to as “we,” “our,” or “us”). These Terms and Conditions (the “Terms”) outline the terms and conditions under which visitors or users (collectively, “user” or “you”) may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms in their entirety, you are not authorized to access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services, or purchasing Products. In these Terms, you will learn who we are, how we sell our Products, how you can cancel the purchase agreement, and what you can do in the event of a problem.
(3) You declare that you are of legal age and have the legal authority, right, and power to enter into a binding agreement based on these Terms, to use the Services, and to purchase Products. If you are not of legal age, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
(4) This site is published by Colombe Photographie, 06 59 67 16 38.
The publication director is Colombe DELONS.
You can contact us by:
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Phone: 06 59 67 16 38 (local call charges apply)
This site is hosted by Wix.com.
These Terms are provided in the French language. In case of a discrepancy between the French version of this document and any of its translations, the French version will prevail.
To use our Site and/or benefit from our Services, you must be at least [add number] years old or have reached the legal age of majority in your country, and possess the legal authority, right, and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or benefit from our Services if it is prohibited in your country or by any law or regulation applicable to you.
Additionally, before placing and confirming an order, you must read and accept these Terms.
You may download and print these Terms.
Description of Products
You must read the description of the Services and/or Products carefully before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the most complete information about these characteristics, though they are not exhaustive. Photographs, drawings, and descriptions of Products and/or Services are provided for informational purposes only and do not bind us.
We invite you to refer to the usage instructions found on the packaging, labels, and accompanying documents. We cannot be held liable for any damage resulting from non-compliance with these usage instructions for Products and/or Services provided on our website.
Product Purchases
Any purchase of Products is subject to the Terms applicable at the time of purchase.
(2) When purchasing a Product:
(i) it is your responsibility to read the full list of items before committing to purchase them; and
(ii) placing an order on the site (by completing the payment procedure and clicking the “Buy” button or a similar button) may lead to a legally binding contract for the purchase of the Product concerned, unless stated otherwise in these Terms.
(3) You can choose from our selection of Products and place the products you intend to purchase in a cart by clicking the corresponding button. The prices we charge are displayed on the Site. We reserve the right to change our prices or correct any pricing errors that may occur inadvertently at any time. These changes do not affect the price of Products you have already purchased. During payment, a summary of all the Products you have placed in your cart will be presented. This summary will include the essential characteristics of each product, as well as the total price, applicable VAT, and shipping fees, if applicable. The payment page also allows you to verify and, if necessary, modify or remove Products, or change quantities. If necessary, you can also identify and correct input errors using the editing feature before making your order legally binding. Any indicated delivery time applies from the receipt of your payment for the purchase price. By clicking the “Buy” button, you place a firm order to purchase the Products at the indicated price and with the specified shipping fees. To complete the order process by clicking the “Buy” button, you must first accept these Terms as binding for your order by checking the corresponding box.
(4) We will then send you an order receipt confirmation email, in which your order will be summarized, and you will be able to print or save it using the corresponding feature. Please note that this is an automatic message confirming that we have received your order. It does not indicate that we accept your order.
(5) The legally binding contract for the purchase of Products is concluded only when we send you an acceptance notice via email or when we deliver the Products. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, and a payment process is initiated immediately after submitting your order (e.g., an electronic money transfer or instant bank transfer via PayPal or a similar payment method). In this case, the legally binding agreement is concluded when you complete the order process as described above, by clicking the “Buy” button.
(6) You may save your preferred payment method for future use. In this case, we will store your payment details in accordance with applicable industry standards (e.g., PCI DSS). You will be able to identify the stored card by its last four digits.
Product Delivery
The delivered products are digital.
Delivery rates and times vary depending on the type of Products ordered.
The applicable rates and delivery times will be communicated to you before you confirm your order.
Coupons, Gift Cards, and Other Offers
From time to time, we may offer coupons, gift cards, or discounts and other offers (the “Offers”) for our Products. These Offers are only valid for the duration specified. Offers cannot be transferred, modified, sold, exchanged, reproduced, or distributed without our express written consent.
Refund and Return Policy
Once the photoshoot is completed, no withdrawal or refund is possible.
Member Account
(1) To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
(2) If someone other than you accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. Any such activities may be considered to have occurred on your behalf and for your account, and you will be solely responsible for all activities on your Member Account, whether or not you have specifically authorized them, and for any damages, costs, or losses that may result from such activities. You are responsible for activities performed on your Member Account as described if you have allowed your Member Account to be used negligently by failing to reasonably protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform like Facebook (the “Social Network Account”). If you sign up through a third-party account, you authorize us to access certain information about you stored in your Social Network Account.
(4) We may terminate or temporarily suspend your access to your Member Account permanently or temporarily without liability, in order to protect ourselves, our Site, and our Services or to protect other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the site or your Member Account. We may do so without notice if circumstances require immediate action; in such cases, we will inform you as soon as reasonably possible. Furthermore, we reserve the right to terminate your Member Account without cause, by giving you two months’ notice via email if we discontinue our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.
Intellectual Property
(1) Our Services and the associated content (and any derivative works or improvements thereof), including but not limited to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, and trade dress and interactive features, as well as all related intellectual property rights, are our property or licensed to us (collectively, “Our Intellectual Property”), and nothing in these Terms grants you any rights in relation to Our Intellectual Property. Except as expressly stated herein or as required by mandatory provisions of applicable law for using the Services, you do not acquire any right, title, or interest in Our Intellectual Property. All rights not expressly granted herein are expressly reserved.
(2) If the Products include digital content such as music or videos, the rights indicated for this content on the Site will be granted to you.
No Warranty for Site and Service Use
The Services, Our Intellectual Property, and all documents, information, and content provided regarding them, made available to any user for free, are provided “as is” and “as available,” without any warranty of any kind, either express or implied, including any warranty of suitability for a particular purpose, and any warranty concerning security, reliability, speed, accuracy, or performance of our services, except in cases of malicious nondisclosure of defects. We do not guarantee that our free Services will be provided without interruption or error or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates. The warranty for the Products you have purchased from us, as mentioned in the “Product Warranty” section above, will not be affected.
Indemnity
You agree to defend and hold us harmless against any claims, damages, costs, liabilities, and expenses (including but not limited to reasonable attorney's fees) arising from or related to your use