GENERAL TERMS AND CONDITIONS
FOR SALE
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the seller (the author) with non-professional buyers ("the buyer(s)") wishing to purchase the products offered for sale ("the photographs" or "the prints") by the author on the website jrlonghiphotographies.com.
The products offered for sale on the website are exclusively fine art photographs, namely limited edition prints of 15 copies of each photograph, numbered, signed, and accompanied by a certificate of authenticity. These are prints on Hahnemühle Fine Art baryta paper, sold without mats or frames. The prints are available in various sizes offered by the seller. The series of each photograph is limited to 15 prints across all sizes.
The main characteristics of the photographs, including specifications, illustrations, and product dimensions, are presented on the website jrlonghiphotographies.com, which the buyer is required to review before ordering.
The selection and purchase of a photograph are the sole responsibility of the buyer. Photograph offers are subject to availability. When the series of 15 prints of a photograph is sold out, that photograph is withdrawn from sale.
These Terms and Conditions are accessible at any time on the website jrlonghiphotographies.com and supersede any other document.
The buyer declares having read and accepted these Terms and Conditions by checking the box provided for this purpose before proceeding with the online ordering process on the website jrlonghiphotographies.com.
The buyer declares being of legal age and possessing the legal authority, right, and power to enter into a binding agreement based on these Terms and Conditions. If the buyer is a minor, they may only purchase photographs with the consent of their parents or legal guardian.
Unless proven otherwise, the data recorded in the author's computer system constitutes proof of all transactions concluded with the buyer.
The seller's contact information is as follows:
JRLonghi Photographies
SIRET number 83441099500023
Email: info@jrlonghiphotographies.com
Telephone: +33 (0)6 71 04 05 78
The jrlonghiphotographies website is hosted by Wix.com
ARTICLE 2 - Price
The photographs are provided at the rates in effect on the website jrlonghiphotographies.com at the time the order is registered by the photographer. Prices are expressed in Euros and are exclusive of VAT. The seller, a photographer, is not subject to VAT, pursuant to Article 293B of the French General Tax Code, and applies a tax-free price to their sales; therefore, the prices are understood to be VAT-exclusive.
Any import fees in the buyer's country of residence are the responsibility of the buyer.
The rates take into account any discounts that may be offered by the photographer on the website jrlonghiphotographies.com.
These rates are fixed and non-negotiable during their period of validity, but the photographer reserves the right to change the prices at any time outside of this period. Any price changes do not affect the prices of photographs already purchased.
Prices do not include processing, shipping, transport, and delivery fees, which are charged separately, as indicated on the website and calculated before the order is placed.
The payment requested from the buyer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the seller and sent to the customer after payment of the order.
ARTICLE 3 – Orders
The buyer is responsible for selecting the photographs they wish to order on the jrlonghiphotographies.com website, according to the following procedure: browse the gallery, choose one or more photographs, add them to the cart, choose the format, the price (excluding VAT) corresponding to the format will be displayed, and shipping costs will be calculated based on the buyer's country of residence.
The cart and payment pages also allow the buyer to review and, if necessary, modify the number of prints or remove the photograph(s), as well as continue browsing the website.
The offers for photographs are valid as long as they are visible on the website, within the limit of the number of prints available, which is limited to 15 copies for each work. By clicking the "Buy" button, you are placing a binding order to purchase the advertised photographs at the indicated price and with the stated shipping costs. To complete the order process by clicking the "Buy" button, you must first accept these Terms and Conditions as legally binding for your order by checking the corresponding box.
The sale will only be considered valid after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the jrlonghiphotographies.com website constitutes a distance contract between the buyer and the photographer.
An invoice will be sent to the buyer by email for each order placed.
The photographer reserves the right to cancel or refuse any order from a buyer with whom there is an existing dispute concerning payment for a previous order.
Once the order has been handed over to the carrier, the buyer will receive a tracking number by email.
ARTICLE 4 - Payment Terms
The price is payable via secure payment, according to the following methods:
Payment by credit card
Quick payment (Apple Pay, Google Pay)
PayPal
The price is payable in full by the buyer on the day the order is placed, with the option of paying in four installments at no extra cost via PayPal.
Payment data is exchanged in encrypted form using the protocol defined by the approved payment provider handling the banking transactions carried out on the jrlonghiphotographies.com website.
Payments made by the buyer will only be considered final after the seller has effectively received the amounts due.
The photographer will not be obligated to deliver the photographs ordered by the buyer if the buyer does not pay the full price under the conditions indicated above.
ARTICLE 5 - Deliveries
The photographs ordered by the buyer will be delivered in Metropolitan France or to the following areas: primarily French Overseas Departments and Territories (DOM/TOM), Europe, Great Britain, Canada, French-speaking Africa (including the Maghreb), the United States, and other countries excluding Russia, Israel, and North Korea.
Deliveries will be made within a minimum of 8 to 12 business days from the date the order is placed, to the address provided by the customer when placing their order on the website.
Delivery is considered complete upon the transfer to the buyer of physical possession or control of the photograph(s). Unless otherwise specified or in the event of unavailability of one or more photographs, the ordered photographs will be delivered in a single shipment.
The photographer undertakes to make every effort to deliver the photographs ordered by the buyer within the aforementioned timeframe.
If the ordered photographs have not been delivered within 14 days of the estimated delivery date, for any reason other than force majeure or the buyer's own actions, the sale may be cancelled at the buyer's written request, in accordance with Articles L216-2, L216-3, and L241-4 of the French Consumer Code. The sums paid by the buyer will then be refunded within fourteen days of the date of cancellation, without any compensation or deductions.
Deliveries are handled by an independent carrier to the address provided by the buyer when placing the order, provided that the carrier has easy access to this address.
When the buyer arranges for their own carrier, delivery is considered complete upon the buyer's handover of the ordered photographs to the carrier, who accepts them without reservation. The buyer acknowledges that delivery is the responsibility of the carrier and has no recourse against the photographer in the event of non-delivery of the goods.
If the buyer requests specific packaging or shipping conditions for the ordered photographs, and these are duly accepted in writing by the photographer, the associated costs will be invoiced separately, based on a quote previously accepted in writing by the client.
The client is required to inspect the delivered photographs. They have forty-eight hours from the time of delivery to submit any claims by email, accompanied by all supporting documentation (including photos). After this period, and if these formalities have not been observed, the photographs will be deemed compliant and free from any apparent defects, and no claim will be validly accepted by the Seller.
The seller will replace, as soon as possible and at its own expense, any delivered photographs whose non-conformity or apparent defects have been duly proven by the customer, under the conditions stipulated in Articles L 217-4 et seq. of the French Consumer Code and those stipulated in these General Terms and Conditions of Sale.
The transfer of risk of loss and damage relating thereto will only occur when the buyer takes physical possession of the photographs. The photographs therefore travel at the seller's risk, except when the customer has chosen the carrier. In this case, the risk is transferred upon delivery of the goods to the carrier.
ARTICLE 6 - Transfer of Ownership and Intellectual Property
Ownership of the photographs will only transfer from the buyer to the artist upon full payment of the price by the artist, regardless of the delivery date of said photographs.
The buyer then becomes the owner of the purchased print.
However, the buyer, as the purchaser of an original work, does not acquire any of the attributes of intellectual property. Therefore, no reproduction or distribution of the print for which the invoice confirms the sale is authorized without the prior consent of the artist (Article L111-3 of the French Intellectual Property Code).
ARTICLE 7 - Right of Withdrawal
Given the unique and personalized nature of the photographs offered for sale on the website jrlonghiphotographies.com, orders placed by the buyer are not subject to the right of withdrawal, in accordance with EU legal regulations on the right of withdrawal and return for distance contracts.
The contract is therefore definitively concluded upon placement of the order by the buyer, according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 8 - Seller's Liability - Guarantees
Given the limited edition nature of these photographs, there is no clause regarding hidden defects. The buyer's guarantee is, in any event, limited to the replacement or refund of non-conforming or defective photographs.
Buyers wishing to inform the artist of a problem upon receipt of the artwork, or of non-receipt, should send an email to: info@jrlonghiphotographies.com.
Refunds will only be issued in the event of a lost package if the carrier does not provide proof of delivery. Even if the carrier confirms delivery to the buyer, no refund or replacement of the print will be possible, even if a loss is reported, as delivery of the photograph is considered confirmed.
In the event of a confirmed loss of the print during transport, the buyer will be entitled to a full refund of the purchase price, including the initial shipping costs. Alternatively, they may request a replacement of the lost print, in which case shipping costs will not be charged.
Upon receipt of the print, it is essential to check the condition of the package before signing the delivery receipt. If in doubt, it is advisable to open the package in the presence of the delivery person and check its contents, take photographs of any damage to the package and the print(s), and note any reservations as appropriate. We cannot be held responsible otherwise.
The buyer must inform the seller of any damage within 48 hours by email to longhi.jean-robert@orange.fr, attaching, if possible, photographs of the package as it was presented or of the artwork as it appears in the packaging. Under these conditions, the artist will replace the damaged photograph(s), provided that the buyer sends the artist formal proof of the destruction of the damaged work(s) by email.
If the delivered print does not match the order (error in the photo or format), the buyer must inform the artist by email, again at longhi.jean-robert@orange.fr, within 48 hours, providing proof of the problem. The artist will then indicate the return procedure unless the parties agree on compensation.
ARTICLE 9 - Precautions related to the nature of photographic prints
The buyer should be aware that photographic prints must be displayed and handled with care. The following precautions should be observed:
No exposure to direct sunlight
No outdoor display
No display in humid rooms or rooms prone to steam (kitchen, bathroom).
ARTICLE 10 - Personal Data The buyer is informed that the collection of their personal data is necessary for the sale of the photographs by the photographer and for their transmission to third parties for the purpose of delivering the photographs. This personal data is collected solely for the execution of the sales contract.
10.1 Collection of Personal Data The personal data collected on the jrlonghiphotographies website are as follows: Account Creation When creating a customer/user account: Last name, first name, postal address, telephone number, and email address. Payment: For the purpose of processing payments for Products offered on the jrlonghiphotographies.com website, the site records financial data related to the Customer/user's bank account or credit card.
10.2 Recipients of Personal Data Personal data is used by the author and their subcontractors for the performance of the contract and to ensure the efficient sale and delivery of the photographs. The category(ies) of subcontractor(s) is/are the transport providers.
10.3 Data Controller The data controller is the author, as defined by the French Data Protection Act (Loi Informatique et Libertés) and, as of May 25, 2018, by Regulation (EU) 2016/679 on the protection of personal data.
10.4 Limitation of Processing Unless the buyer gives their express consent, their personal data will not be used for advertising or marketing purposes.
10.5 Data Retention Period The author will retain the data collected for a period of 5 years, corresponding to the applicable statute of limitations for contractual civil liability.
10.6 Security and Confidentiality The author implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the seller cannot guarantee the security of the transmission or storage of information on the Internet.
10.7 Implementation of Customer and User Rights In accordance with applicable regulations on personal data, customers and users of the jrlonghiphotographies.com website have the following rights: They can update or delete their personal data as follows: When the buyer has not created an account before the sale, their personal data is not stored. Once an account has been created, the buyer can delete it and their personal data at any time. They can delete their account by writing to the email address indicated in Article 10.3 "Data Controller". They can exercise their right of access to know what personal data is held about them by writing to the address indicated in Article 10.3 "Data Controller". If the personal data held by the seller is inaccurate, they can request that the information be updated by writing to the address indicated in Article 10.3 "Data Controller". They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 10.3 "Data Controller". They can also request the portability of the data held by the seller to another provider. Finally, they can object to the processing of their data by the seller. These rights, provided they do not Rights that do not conflict with the purpose of the processing can be exercised by sending a request by mail or email to the Data Controller, whose contact details are provided above. The Data Controller must respond within a maximum of one month. If the buyer's request is refused, the refusal must be justified. The buyer is informed that in the event of a refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or take legal action. The buyer may be asked to check a box indicating their consent to receive informational and promotional emails from the author. They will always have the option to withdraw their consent at any time by contacting the author (contact details above) or by following the unsubscribe link.
ARTICLE 11 - Intellectual Property
The content of the website jrlonghiphotographies.com is the property of the author and their partners and is protected by French and international intellectual property laws.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement.
ARTICLE 12 - Applicable Law - Language
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13 - Disclaimer of Warranty for Use of the Site
The jrlonghiphotographies.com website, our intellectual property, and all related documents, information, and content made available to any user free of charge are provided "as is" and "as available," without any warranty of any kind, express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the security, reliability, speed, accuracy, or performance of our services, except in the case of malicious non-disclosure of defects. We do not guarantee that our free services will be uninterrupted or error-free, or that they will meet your requirements. Access to the site may be suspended or limited due to repairs, maintenance, or updates.
ARTICLE 14 - Indemnification
You agree to defend and indemnify us against any and all claims, damages, costs, liabilities, and expenses, whether actual or alleged (including, but not limited to, reasonable attorneys' fees), arising out of or related to your use of the jrlonghiphotographies.com website in violation of these Terms and Conditions, including, in particular, any use that violates the limitations and requirements set forth in these Terms and Conditions, unless such use is not caused by your fault.
ARTICLE 15 - Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result for you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage arising out of, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable), in connection with the jrlonghiphotographies.com website and its content, the use, inability to use, or the results of the use of this website, any website linked to this website, or the materials on such linked websites.
We shall not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure results from a cause beyond our reasonable control and/or a force majeure event as defined in Article [Article number missing in original text]. Article 1216 of the French Civil Code.
ARTICLE 16 - Modification of the Terms and Conditions - Interruption
We reserve the right to modify these Terms and Conditions whenever necessary, at our sole discretion. Therefore, you should review them regularly. If we make substantial changes to these Terms and Conditions, we will notify you that such changes have been made. Your continued use of the jrlonghiphotographies.com website after such a change will constitute your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future version of the Terms and Conditions, do not access or use the jrlonghiphotographies.com website.
We may modify the services, discontinue providing the services or any features of the services we offer, or create limits on the services. We may terminate or suspend access to the services permanently or temporarily for any reason, without liability. We will give you sufficient advance notice if possible under the circumstances and will reasonably consider your interests. legitimate grounds for such an action.
ARTICLE 17 - Disputes
For any complaint, please contact customer service at the author's postal or email address indicated in ARTICLE 1 of these Terms and Conditions.
The buyer is informed that they may, in any event, resort to conventional mediation with existing sector-specific mediation bodies or to any other alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is:
Centre Notarial de Médiation Bourgogne Franche Comté
22A rue de Trey – 25000 BESANCON
Tel +33 (0)3 81 50 40 52
Email: mediation.bfc@notaires.fr
The buyer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions, which have not been resolved amicably between the seller and the buyer or through mediation, will be submitted to the competent courts under the applicable laws.