Conditions of sale

1. Definitions
• "The Purchaser" : individual whose name and address are stated in the above paragraph "Delivery and invoicing address" placing the Order.
• "The Seller" : the free-lance photographer whose name and address are stated in the above paragraph "Purchase order to be sent to" and performing the Order.
• "The Parties" : the Purchaser and the Seller.
• "The Order" : this form duly filled in, printed and signed by the Purchaser.
  
  
2. Content of the Order
• Upon reception of the Order (form accompanied by the payment by cheque made out in euro and payable in a French bank) by post mail, the Seller undertakes to carry out photographic editions corresponding to the content of the Order as it is specified in article 3 of those conditions and to send them to the address of delivery indicated in paragraphe "Address of invoicing and delivery" within four (4) weeks at the latest, excluding periods of holidays of the Seller.
• In the event of difficulty or delay of performance (editions exhausted, Order unreadable), the Seller will undertake to try to contact the Purchaser as soon as possible to inform this latter about his difficulties and reach an agreement in order to perform the Order. If the Seller faced an impossibility to contact the Purchaser within four (4) weeks, the Seller shall destroy the cheque joined to the Order and the Order will then be cancelled, the Seller being not liable for the non performance of the Order.
  
  
3. Photographic editions
1. Photographic editions are realised in limited copies of ten (10) numbered specimens from 1 to 10 out of 10 assigned for the sale. In addition, are realised three (3) numbered additional author editions numbered I to III out of III reserved to the Seller. Each edition is numbered and handwritten signed by the author. The format of those thirteen (13) numbered editions may be different.
2. The colourful photographs are printed on Fujicolor Crystal Archive Supreme lustré photographic paper or equivalent.
3. The black and white photographs are printed on baryta paper.
4. The photographs are then mounted with a black or off white frame at the option of the Seller.
5. Photographic editions cannot be perfectly identical to the images displayed on the Web site of the Seller. The colors, the gray graduation, the exact centring and the frame may vary in a reasonable measure. Upon reception of photographic editions, the Purchaser will have seven (7) days to return to the Seller at the address stated on the Order said photographic editions as the case may be whenever they would not be convenient for him. The costs of return shall be supported by the Purchaser. The Seller shall repay the amount corresponding to the returned photographic editions to the Purchaser within twenty (20) days (excluding period of holidays of the Seller) provided that returned photographic editions are still in perfect standing and did not undergo any deterioration of any kind.
   
   
4. Delivery
   • The Seller shall inform the Purchaser by electronic mail at the address indicated on the Order about the sending of photographic editions and shall indicate the carrier and the reference of the sending. If the email address is not indicated or is false, the Seller will be released from his information obligation.
   • Photographic editions are sent to the address of delivery indicated by the Purchaser on the Order. The Seller will not be held liable for a default of delivery due to the carrier or a false address stated on the Order. The Purchaser will address directly to the carrier any claim concerning the delivery, in particular in case of damage noticed upon reception of the package.
     
     
5. Obligations of the Purchaser
   • The Purchaser, by signing the Order, expressly agrees to use the ordered photographic editions only for his personal use. The Purchaser never shall expose them to the public, I.E. outside his private residences and/or places of work, provided that this latter not being a sale's area of any kind, without the prior, express and written agreement of the Seller. The Purchaser agrees as from now to pay a fee amounting to five hundred (500) euros to the Seller should he not respect this obligation, without prejudice for the Seller to claim for additional damages.
   • The performance of the Order by the Seller does not transfer any intellectual right to the Purchaser on the delivered photographic editions. The Purchaser in particular agrees to not resell the photographic editions and not reproduce them, under any form. The Purchaser does not have any right to use, reproduce, publish or exhibit the photographic editions under any form and in particular in the media, the edition, advertisement, multimedia, television, cinema. Should the Purchaser not respect this obligation, the Seller will be entitled to invoice the Purchaser for ten (10) times the price recommended by the "barême de l'Union des photographes créateurs" applicable at the time of right infringement, without prejudice for the Seller to claim for damages.
     
     
6. Obligations of the Seller
   • If a third party, other than the Purchaser or a member of his family, exercised to the Seller his "right to image" (as it is defined under French law and called “droit à l’image”) regarding a photograph edition delivered under the Order, the Seller would repay to the Purchaser the amount indicated on the Order increased by the flat amount of ten (10) euros covering the return costs of said photograph edition to the Seller that the Purchaser undertakes to send back to the Seller as soon as possible.
     
     
7. Litigations and governing law
• The governing law is French law.
• The Parties undertake to reach an amicable settlement when solving the litigations. Failing to do it, they shall carry said litigation before the civil Court of Nanterre (TGI), France.