Terms and Conditions of sales

Effective from 01/01/2024.

Article 1: Purpose and Scope

These General Terms and Conditions of Sale (T&Cs) form the basis of any commercial negotiation and are systematically communicated to each buyer to facilitate the ordering process.

The T&Cs detail the rights and obligations of the company Kévin Baubet and its customer in the context of the online sale of photographs, as specified in the list of products subject to these T&Cs.

Acceptance of the estimate/order, including the statement "I acknowledge having read and accept the attached terms and conditions of sales," implies the buyer's unconditional adherence to these terms and conditions of sales.

Article 2: Prices

The prices of photographs are those in effect at the time of placing the order. They are expressed in euros and all taxes included (VAT).

The company Kévin Baubet reserves the right to modify its rates at any time. However, it undertakes to invoice the ordered photographs at the prices indicated at the time of order registration.

Article 3: Discounts and Rebates

The proposed rates include any discounts and rebates that the company Kévin Baubet may grant based on its results or the buyer's assumption of certain services.

Article 4: Cash Discount

No cash discount will be granted for early payment.

Article 5: Payment Terms

Payment for orders can be made by credit card only, as indicated on the website.

Payments will be made according to the following terms:

Payment within 30 days following the receipt of photographs.

Article 6: Late Payment

In case of total or partial non-payment of the photographs delivered by the due date, the buyer must pay Kévin Baubet a late penalty equal to three times the legal interest rate in force on the delivery date.

From January 1, 2015, the legal interest rate will be revised every six months (Ordinance No. 2014-947 of August 20, 2014).

This penalty will be calculated on the inclusive VAT amount of the remaining sum, without any prior formal notice being necessary. In addition to late fees, any amount, including the deposit, not paid on its due date will automatically result in the payment of a flat-rate indemnity of 40 euros for collection costs, in accordance with articles 441-10 and D. 441-5 of the Commercial Code.

Article 7: Resolutive Clause

If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically terminated, entitling Kévin Baubet to compensation.

Article 8: Intellectual Property Clause

Intellectual Property Rights of the Seller

1.1 The Seller retains all intellectual property rights to the photographs offered for sale on the website, including but not limited to copyright, reproduction rights, and distribution rights.

1.2 No intellectual property rights to the photographs are transferred to the Buyer, unless expressly agreed otherwise in a written agreement between the parties.

Counterfeiting and Offenses

2.1 The Seller reserves the right to initiate legal proceedings for any violation of intellectual property rights, including but not limited to the counterfeiting of photographs.

2.2 The Buyer undertakes to inform the Seller immediately of any unauthorized use of photographs or any alleged violation of intellectual property rights.

Article 9: Express Acceptance Clause

By making a purchase on this website, the Buyer acknowledges having read, understood, and unconditionally accepted these terms and conditions of sales. The Buyer also acknowledges having had the opportunity to ask questions and seek clarification on any aspect of these terms and conditions of sales, and declares having received all necessary information for understanding.

The Buyer particularly acknowledges having been informed clearly and understandably of the following points:

• The essential characteristics of the products or services offered, including in particular the intellectual property rights associated with the photographs sold.
• The total price of the products or services, including all possible additional charges.
• The payment terms, execution modalities, and any restrictions on the delivery of products or services.
• The conditions for exercising the right of withdrawal (if applicable) and any restrictions on this right.

As a result, the Buyer expressly accepts these terms and conditions of sales and undertakes to comply with them scrupulously. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The Buyer therefore waives the right to rely on any conflicting document, which is unenforceable against the Seller.

This clause is valid for each order placed by the Buyer and constitutes evidence of the acceptance of the terms and conditions of sales.

Article 10: Delivery

The delivery of photographs can be made by direct handover, sending a notice of availability in-store, deposit at the location indicated by the buyer on the order form, or electronically to the email address provided by the buyer during the order.

The delivery time indicated during the order is purely indicative and is in no way guaranteed. Any reasonable delay in delivery does not entitle the buyer to claim damages or cancel the order.

The buyer assumes full responsibility for transportation. In the event of missing or damaged goods during transportation, the buyer must make the necessary reservations on the order form upon receipt of the goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt sent to the company.

In the case of electronic delivery, the buyer is responsible for ensuring the confidentiality of their email address. The company disclaims any responsibility for loss or unauthorized access to the photographs delivered by email after their dispatch. The buyer is responsible for providing a correct and secure email address for electronic delivery.

Article 11: Competent Court

Any dispute concerning the interpretation and execution of these terms and conditions of sales is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of La Rochelle.