Terms and Conditions of Sale

These Terms and Conditions are a translation of the French original. In the event of any discrepancy, the French version shall prevail.

Article 1 - Definitions

These General Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by Tristan Perrier - Artiste Photographe, sole trader (entrepreneur individuel, EI), registered with the Gironde Trades Register (RM, Répertoire des métiers) under number 823 943 949, whose registered office is at 43 rue Raymond Bordier, 33200 Bordeaux, France (hereinafter "Tristan Perrier - Artiste Photographe").

The following terms are used below:

"Site": the website https://www.tristanperrier.fr and all of its pages. The Site presents the Seller’s business; no orders can be placed on it.

"Online Gallery": the private area hosted by the service provider Pixieset, accessible at https://tristanperrier.pixieset.com, in which the Customer views their photographs and may order Products.

"Products" or "Services": all the products (physical goods) and services that may be purchased from or subscribed to with the Seller, via the Online Gallery or directly from him.

"Seller": Tristan Perrier - Artiste Photographe, a natural person, offering his Products or Services.

"Customer": the person, whether a private individual or a professional, who purchases Product(s) or Service(s) from the Seller.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code (Code de la consommation): "any natural person acting for purposes which fall outside the scope of their commercial, industrial, craft or liberal professional activity".

Customers interested in the Products and Services offered by the Seller are invited to read these T&Cs carefully, and to print them and/or save them on a durable medium, before placing an order.

The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.

Article 2 - Application of the T&Cs and purpose

The Seller reserves the right to amend the T&Cs at any time by publishing a new version of them on the Site. The T&Cs applicable to the Customer are those in force on the date of their order.

Legal information concerning the host and publisher of the Site, as well as the collection and processing of personal data, is provided in the legal notice and the privacy policy of the Site.

The Seller offers the sale of digital photographs and photographic prints (paper prints, fine art prints and photo wall art). These Products are ordered in the Online Gallery or directly from the Seller, by email.

For photography services (wedding coverage, photo sessions), the contract signed between the Customer and the Seller constitutes the main agreement and prevails over any provision of these T&Cs that may be contrary or unsuitable.

The purchase of a Product or Service implies the Customer’s acceptance of these T&Cs in their entirety, and the Customer thereby acknowledges having fully read them.

Acceptance of these T&Cs presupposes that the Customer has the necessary legal capacity. Failing this, the Customer declares that they are acting with the authorisation of their legal representative.

The Customer acknowledges the evidential value of the automatic recording systems of the Seller and of the Online Gallery.

Article 3 - Access to the Online Gallery

Access to the Online Gallery is private. The Seller provides the Customer with the address of their gallery and, where applicable, the password giving access to it. The Customer is responsible for keeping this information confidential and undertakes not to disclose it to anyone other than the people with whom they wish to share their photographs.

When placing an order in the Online Gallery, the Customer provides the personal information necessary for processing it, such as their surname and first name, email address and postal address, this list not being exhaustive. The Customer undertakes to provide accurate information and is solely responsible for its truthfulness.

The period for which the Gallery remains online is specified in the service contract or communicated by the Seller. Once it has expired, the Customer can no longer place orders in it.

Article 4 - Ordering procedure

The Products offered are those shown in the Online Gallery at the time of the order, with their formats, finishes and prices. Each Product is accompanied by a description drawn up by the Seller.

The images of the Products give a faithful representation of the Products offered but are not contractually binding, insofar as they cannot guarantee perfect similarity with the physical Products.

To order in the Online Gallery, the Customer selects the photographs and Products they want, which are added to their basket. Before confirming their order, they can check its details, its total price and the delivery costs, and correct any errors. Confirming the order constitutes acceptance of these T&Cs.

The Customer may also order a Product directly from the Seller by email; the order is then confirmed in writing by the Seller, together with its price.

After confirmation and payment, the Customer receives a confirmation email reminding them of the contents and price of their order.

The Products sold remain the property of the Seller until their price has been paid in full, in accordance with this retention of title clause.

Article 5 - Prices and payment terms

Unless otherwise stated, the prices shown in the Online Gallery are net prices payable in euros (VAT not applicable, article 293 B of the French General Tax Code (CGI, Code général des impôts)) and exclude any contribution towards handling and shipping costs, which are shown before the order is confirmed.

Tristan Perrier - Artiste Photographe reserves the right to change his prices at any time. However, the price shown on the day of the order shall be the only price applicable to the Customer.

Orders placed in the Online Gallery are paid online, by bank card or by the other means of payment offered at the time of ordering, by means of secure transactions provided by an online payment provider. Orders placed directly with the Seller may be paid by cheque or bank transfer.

The Seller has no access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment provider receiving the Customer’s payment. In the event of payment by cheque or bank transfer, the delivery times defined in the "Deliveries" article of these T&Cs only begin to run from the date on which the Seller actually receives the payment, which the Seller may prove by any means.

Tristan Perrier - Artiste Photographe will archive order forms and invoices on a reliable and durable medium constituting a faithful copy, with evidential value, in accordance with the legal provisions in force. The computerised records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 6 - Deliveries

Delivery costs will be shown to the Customer before any payment. For any place of delivery not offered when ordering, the Customer should contact customer service.

In the event of delivery of a Product outside the territory of the European Union or to the French overseas territories (outre-mer), the Customer declares themselves to be the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country to which delivery of the Product is requested.

Unless otherwise stated when ordering or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a parcel on delivery if they notice an anomaly concerning the delivery (damage, Product missing compared with the delivery note, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations accompanied by the Customer’s signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods. If the Customer fails to comply with these requirements, they will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Customer’s request to exercise the right of refusal.

If the Customer’s parcel is returned to the Seller by La Poste or by other postal service providers, the Seller will contact the Customer on receipt of the returned parcel to ask what action should be taken regarding their order. If the Customer refused the parcel by mistake, they may request that it be sent again, after first paying the postage for the new shipment. Postage must be paid even for orders for which shipping was free at the time of ordering.

In the event of a delivery error or an exchange (if the right of withdrawal applies, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with article L.221-18 et seq. of the French Consumer Code), any Product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery in relation to the date or time limit indicated to the Consumer Customer when ordering or, if no date or time limit was indicated when ordering, exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Customer, on written request by registered letter with acknowledgement of receipt, if, after having required the Seller to make the delivery, the Seller has not done so. The Consumer Customer will then be refunded all sums paid at the latest within fourteen (14) days following the date on which the contract was terminated. This clause does not apply if the delay in delivery is due to an event of force majeure.

Article 7 - Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal applies, the Consumer Customer has a period of fourteen (14) days from receipt of the Product, or from the conclusion of the contract for services not fully performed, to withdraw without having to give reasons for their decision.

The Customer must return the Product in perfect condition, together with all its accessories. Return costs are borne by the Customer.

The refund will be made within fourteen (14) days of receipt of the withdrawal request, or of receipt of the returned Product, as the case may be.

The refund will be made using the same means of payment as that used for the initial order, unless the Customer expressly agrees otherwise.

The Seller reserves the right to defer the refund until the Product has been recovered or until the Customer has provided proof of dispatch.

In the event of depreciation of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning, the Customer may be held liable.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period, where performance began with the Customer’s prior express consent and express waiver of their right of withdrawal.

A model withdrawal form is provided below.

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of Tristan Perrier - Artiste Photographe, 43 rue Raymond Bordier, 33200 Bordeaux

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/for the provision of the following service (*):

Ordered on (*)/received on (*):

Name of Customer(s):

Address of Customer(s):

Signature of Customer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Article 8 - Exceptions to the right of withdrawal

Pursuant to article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to clearly personalised Products, in particular: prints, enlargements, photo wall art.

Services beginning immediately after purchase and fully performed before the end of the withdrawal period do not allow the Customer to benefit from their right of withdrawal where the Customer has given their prior express consent and expressly waived their right of withdrawal.

The right of withdrawal cannot be exercised for the supply of digital content not supplied on a tangible medium where performance has begun with the Customer’s prior express consent and express waiver of their right of withdrawal.

Article 9 - Product guarantees

The Products sold benefit from the legal guarantees provided for by French law, at no extra cost.

9.1 Legal guarantee of conformity (Consumer Customers)

The Consumer Customer benefits from the legal guarantee of conformity for Products purchased from the Seller.
The Seller is liable for any lack of conformity existing at the time the Product is delivered.

In the event of a lack of conformity, the Consumer Customer is entitled to request that the Product be brought into conformity, by repair or replacement, or, failing that or if this is impossible, a price reduction or cancellation of the sale, under the conditions laid down by the applicable regulations.

The Consumer Customer does not have to prove the existence of the lack of conformity during the applicable legal presumption period from delivery of the Product, except in the cases provided for by law.

9.2 Legal guarantee against latent defects

The Customer may decide to invoke the guarantee against latent defects within the meaning of the provisions of the French Civil Code (Code civil).
In this context, the Customer may choose between cancellation of the sale or a price reduction, in accordance with the legal conditions.

9.3 How to make a claim

Any claim, or request for exchange or refund under the legal guarantees, must be sent to the Seller:

by email: contact@tristanperrier.fr

or by post: Tristan Perrier – Artiste Photographe, 43 rue Raymond Bordier, 33200 Bordeaux.

The Customer must provide all information enabling the order concerned to be identified and the defect observed to be described (photos, description, order number, etc.).

In the event of proven non-conformity or an acknowledged latent defect, the Product may be returned to the Seller to be exchanged or refunded. The return costs necessary for implementing the legal guarantees will be borne by the Seller.

Article 10 - Customer service

Customer service can be contacted by email at the following address: contact@tristanperrier.fr or by post at the address given in the legal notice.

Tristan Perrier - Artiste Photographe also provides his Customers with a hotline, or telephone helpline, to answer their questions. The telephone helpline can be reached on +33 6 62 59 89 34 (standard-rate number).

Article 11 - Liability

The Seller, Tristan Perrier - Artiste Photographe, cannot be held liable for non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller shall incur no liability for any indirect damage arising hereunder, loss of business, loss of profit, damage or costs that may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. Total or partial inability to use the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation, refund or liability on the part of the Seller, except in the cases expressly provided for by law, in particular in the event of a latent defect, non-conformity or exercise of the right of withdrawal by a Consumer Customer, in accordance with articles L.221-18 et seq. of the French Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. The Site provides the Customer with information for guidance only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Tristan Perrier - Artiste Photographe cannot under any circumstances be held liable:

for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data which may result, among other things, from the use of the Site or, conversely, from the inability to use it;

for any malfunction, unavailability of access, misuse, incorrect configuration of the Customer’s computer, or the Customer’s use of an uncommon browser;

for the content of links or external sources accessible to Customers from the Site.

The photographs and images of the Products presented on the Site are not contractually binding; the Seller therefore cannot be held liable if the characteristics of the Products differ from the images on the Site or if the latter are incorrect or incomplete.

Article 12 - Intellectual property rights

All elements of this Site belong to the Seller or to an authorised third party, or are used by the Seller with the permission of their owners.

Any reproduction, representation or adaptation of the logos, textual, pictorial or video content, this list not being exhaustive, is strictly prohibited and constitutes infringement (contrefaçon).

Any Customer guilty of infringement may have their access to the Online Gallery removed without notice or compensation, and without such removal constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its authorised representative.

This Site uses elements (images, photographs, content) credited to: Tristan Perrier.

The trade marks and logos contained on the Site may be registered by Tristan Perrier - Artiste Photographe, or possibly by one of his partners. Any person who represents, reproduces, embeds, distributes or redistributes them is liable to the penalties provided for in articles L.713-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).

Article 13 - Severability of clauses

If any provision of the T&Cs is held to be illegal, void or for any other reason unenforceable, that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs may not be assigned, transferred or sub-licensed by the Customer.

A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs may be written in French or in English. These T&Cs exist in French and in English; in the event of any difference of interpretation between the two versions, the French version shall prevail.

Article 14 - Governing law and mediation

These T&Cs shall be governed by and construed in all aspects in accordance with French law.

In the event of a dispute concerning the interpretation or performance of these T&Cs, the parties will endeavour to find an amicable solution.

Failing an amicable agreement, any disputes arising out of or in connection with these T&Cs shall be submitted to the competent courts in accordance with applicable law.

Consumer mediation

In accordance with article L.612-1 of the French Consumer Code, the Consumer Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute between them and Tristan Perrier – Artiste Photographe, where no amicable solution could be found directly between the parties.

The competent consumer mediator is:

Médiation Consommation Développement (MCD)
Website: https://www.medconsodev.eu

The Customer may refer the matter to the mediator directly online via the mediator’s website or by post, enclosing the documents relevant to the processing of their request.

Consumer mediation is an alternative dispute resolution method.
It is neither compulsory nor exclusive of an action before the competent courts.