Conditions générales de vente
DcoPhoto.com is a service of Fine Media,
SAS [Simplified joint stock company] with a capital of 44 756.40 €, registered in the RCS [the trade and companies register] of Paris under number B 494 447 550, located 108 rue des Dames, 75017 Paris, APE code [activity code]: 8299Z, SIRET [company registration number]: 49444755000026.
1. Object
The general terms of sale herein are to be applied to any completed sales on the DcoPhoto.com website, subject to special terms noticed in the presentation of services. They present Subscribers' rights and obligations, and settle the Lease that bonds them with the Fine Media Company.
The use of DcoPhoto.com is restricted to Subscribers who beforehand acquainted themselves and agreed without reserve with the General terms of sale.
DcoPhoto.com reserves the right to modify these General terms of sale at any time.
2. Sold service
The DcoPhoto.com service consists in the access to a website which offers decoration photos to look at. The service is available through subscription, once payable for a determined period of time, and renewable.
The DcoPhoto.com site is available from everywhere to any Subscriber who has Internet access. Every cost bore by the Subscriber to access the service (computer hardware, software, Internet connection, etc) are at the client's expenses.
Photos and contents presented on DcoPhoto.com are protected by French and international laws on copyright. They are reserved to the Subscriber's exclusive use. They cannot be resold, neither rented, nor passed for free beyond family circle and legitimate needs of his personal use. Any use or copy of these photos and contents, complete or partial, except when authorized by article L122-5 of intellectual property code, is strictly forbidden and the Subscriber would be liable to proceedings.
3. Service's availability
DcoPhoto.com carries out every reasonable existing means to make its service available 24/7. However, it isn't hold to any obligation to produce a specific result.
DcoPhoto.com reserves the right to temporarily close access to its service without notice, for maintenance reasons.
DcoPhoto.com shall not be held liable for technical problems beyond control of its service, as connection problems due to the Subscriber's Internet service provider (slowness or break) or as computer problems due to the Subscriber's equipment or software.
4. DcoPhoto.com guarantees and liabilities
DcoPhoto.com carries everything out to offer checked information to the Subscriber, but it shall not be held liable for mistakes or lack of availability of the information contained on its Site, neither for direct or indirect damages that could result from it.
DcoPhoto.com carries everything out to offer a secured Site to the Subscriber, notably in terms of lack of virus. However, it belongs to the Subscriber to protect his equipment or computer network by equipping himself with an anti-virus that will regularly be updated by the Subscriber. The Company shall in no case be held liable for any virus intrusion in the Subscriber's computer equipment, neither for the direct or indirect damages that could result from it.
The Subscriber is informed that DcoPhoto.com or other partner sites are likely to put cookies or action tags on his computer in order to measure the offered service efficiency. All the information gathered by these firms through cookies or action tags are completely anonymous. However, the Subscriber has the possibility to refuse cookies or actions tags. All he has to do is modify his Internet browser's parameters. In this case, he may not benefit from all the functions and services of DcoPhoto.com.
5. Subscription and account on DcoPhoto.com
The subscriber can use the DcoPhoto.com service only after the creation of an account, giving a public username and a password as logins. The Subscribers who create an account in a professional capacity have the ability to use their trading brand as public username.
The creation of an account involves support to the General terms of sale herein.
The information required by DcoPhoto.com is necessary and compulsory for the creation of the Subscriber's account. In particular, the E-mail address may be used by DcoPhoto.com for the Service's management, administration and coordination.
The Subscribers declares having the ability to bind himself with a contract. The Subscriber under 18 certifies being authorized by his parents or by the person holding parental responsibility. In cases where the Subscriber would be acting in the name of and on behalf of his employer, he certifies getting the commission and the power required for such commitment.
The Subscriber commits himself to keep his password confidential. He takes the responsibility of the whole set of actions done by using his login information.
The subscription to the DcoPhoto.com service is strictly private. Thereof, the Subscriber commits himself to not give his login information to any third party.
In case of violation of these disposals, DcoPhoto.com would be able to close the account without notice and put an end to the subscription, to the Subscriber's exclusive faults, and the Subscriber would never be able to use the DcoPhoto.com service.
It may be possible to unsubscribe by sending an E-mail to dcophoto@dcophoto.com, indicating “cancellation of subscription” as the subject, and specifying username and E-mail address linked to the account. However, the cancellation of subscription has no effect on the received payments, which remain acquired to Fine Media.
6. Personal data and Information Technology and Liberty statement
In accordance with the disposals of the French freedom and information Law of January 6th 1978, the automatic personal data processing realized from the Site has been subjected to a statement to the Commission Nationale de l'Informatique et des Libertés (CNIL) [Privacy Commission].
The Subscriber is notably informed that, in accordance with article 27 of that law, the information that he gives through the forms present on the Site are necessary to the fulfillment of the provision offered by the Company. They are gathered by the Company to enable the provision. In addition, the information provided by the Subscribers, after agreement of the interested Subscriber, could be given to the Company Partners.
The Subscriber is informed that he has right of access and correction on the data related to him, by writing to the Site's operator whose contact information are: Fine Media, 108 rue des Dames, 75017 Paris, or by E-mail to cnil@dcophoto.com.
7. Prices and VAT
The services' prices are given in Euros, including taxes. All the subscriptions are invoiced in Euros and payable in Euros.
In consequence of DcoPhoto.com impossibility to check the Subscriber's address, a VAT at 19.6 % is charged for all the purchases.
8. Subscription
All the subscriptions are exclusively done on the DcoPhoto.com website. The payment is made when ordering.
The click on the validation button, on the screen which sums up the subscription, settles an electronic signature which expressly certifies the Subscribers' without reserve consent to the present General terms of sale and to the specific terms (especially the unit price and the term) peculiar to each subscription. Therefore, the Subscriber abandons the claim of any contradictory document and notably his own general terms of purchase.
The Subscriber can abort his order until the payment validation. Any subscription having a risk of fraud profile can be blocked by the site at the payment stage.
9. Payment
The price is payable in full and in only one payment when subscribing.
The payment of the subscription is made on the PayPal site (http://www.paypal.com) by bank card or by PayPal account. The bank transaction is done at the subscription stage.
From the payment validation on PayPal, the subscription is confirmed and can no more be cancelled or paid back.
An invoice is made available for the Subscriber in his account on DcoPhoto.com site.
Because it consists in services, the subscription purchases are firm and definitive. They therefore cannot lead to any trade, pay back or cancellation right.
10. Liability
DcoPhoto.com disengages of any liability in case of non-performance of the contract due to a case of force majeure (strike, flood, fire...).
DcoPhoto.com disengages of any liability as to the content of the sites on which hyperlinks can refer to from its own site.
The offered services comply with the French legislation in force. DcoPhoto.com shall not be held liable in case of failure to comply with the legislation of the country where the service is consulted. It belongs to the buyer to check on the local authorities the possibilities of using the services.
11. Disputes
Agreement as to proof
The parties agree that they can do the exchange of the necessary information for the execution of the contract by electronic way. Any electronic communication between the parties is presumed to have the same probative force as a written paper.
Partial nullity
In case of nullity of a substantial specification of the General terms of sale or if this specification is deemed to have not been written, totally or partially, in implementation of a law or a rule or after a definitive jurisdictional decision, the other specifications would stay in force and would keep their full force to bind between the parties.
Enforceable law
The herein General terms of sale are governed by French law, with the exception of its rules of conflicts of laws.
Proceeding of amicable resolving of disputes
The parties commit themselves, in the case of difficult fulfillment of the contract and beforehand any termination, cancellation and/or legal proceeding, to present their dispute to an amicable conciliation proceeding.
On these grounds, the party who wants to introduce the amicable conciliation proceeding will have to give the other party notice of his aim to use this proceeding, by registered letter with acknowledgment of receipt, stating the met implementation difficulties.
For all the period during which such difficulties would be noticed, the parties agree that the continuance of the provision stipulated in the General terms of sale overcomes any other consideration. In the absence of reached agreement between the parties within fifteen (15) days after the notification aimed above, the parties will recover every freedom of action.
Clause conferring jurisdiction
In the case of dispute, jurisdiction will be expressly given to the Tribunals of Paris (France), where the head office of Fine Media is located, where is legalized the sale contract between the parties, despite respondent plurality or claim for contribution of a third party, even for emergency proceedings or preventative proceedings by interlocutory procedure or by motion.