CONDITIONS OF USE AND SALE
The present conditions of use and sale are governed by French law and are available in both English and French version.
Version as of 21 April 2017
Welcome to www.escape-photo.com.
Escape Photographie ("Escape Photo") provides website features and other products and services to you when you visit or shop at www.escape-photo.com (the "website"), or use Escape Photo products or services ("Escape Photo Services"). Escape Photo provides the Escape Photo Services and sells products to you subject to the conditions set out on this page.
CONDITION OF USE
Please read these conditions carefully before using Escape Photo Services. By using Escape Photo Services, you signify your agreement to be bound by these conditions.
1- ELECTRONIC COMMUNICATIONS
When you use any Escape Photo Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or through the other Escape Photo Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
2- COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Escape Photo Service, such as text, graphics, logos, button icons, images, digital downloads and data compilations is the property of Escape Photo or its content suppliers and is protected by French and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Escape Photo Service is the exclusive property of Escape Photo and is protected by French and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Escape Photo Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Escape Photo Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Escape Photo Service without our express written consent.
In accordance with French law, Escape Photo remains the copyrightowner of the works and owns also representation and reproduction rights. The rights to the work purchased are therefore limited to a right of private use, excluding any right of representation and reproduction.
3- LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Escape Photo or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Escape Photo Services. This licence does not include any resale or commercial use of any Escape Photo Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Escape Photo Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Escape Photo or its licensors, suppliers, publishers, rights holders, or other content providers. No Escape Photo Service, nor any part of any Escape Photo Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Escape Photo without our express written consent. You may not use any meta tags or any other "hidden text" utilising Escape Photo 's names or trademarks without our express written consent.
You may not misuse the Escape Photo Services. You may use the Escape Photo Services only as permitted by law. The licences granted by Escape Photo terminate if you do not comply with these Conditions of Use or any Service Terms.
4- YOUR ACCOUNT
If you use any Escape Photo Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the your account area of the website.
You must not use any Escape Photo Service: (i) in any way that causes, or is likely to cause, any Escape Photo Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
5- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content.
6- OUR LIABILITY
We will do our utmost to ensure that availability of the Escape Photo Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Escape Photo Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Escape Photo will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Escape Photo Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
7- APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of France, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of France, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in France or in the EU country in which you live.
8- ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Escape Photo Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Escape Photo Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. If you are under 18 you may use the Escape Photo Services only with the involvement of a parent or guardian.
11- CONTACT DETAILS AND CUSTOMER SERVICE
14, rue de la prieuse
+33 9 70 44 51 10
Registered under number 829.737.147.00019
CONDITIONS OF SALE
Welcome to www.escape-photo.com.
Escape Photographie ("Escape Photo") provide website features and other products and services to you when you visit or shop at www.escape-photo.com (the "Website"), or use Escape Photo products or services ("Escape Photo Services"). Escape Photo provides the Escape Photo Services and sells our products to you subject to the conditions set out on this page.
These Conditions of Sale govern the sale of products by Escape Photo to you.
Please read these conditions carefully before placing an order with Escape Photo. By placing an order with Escape Photo, you signify your agreement to be bound by these conditions.
1- OUR CONTRACT
How to proceed to your order
- If you wish to purchase one or more products listed on the Website, you must select each product you wish to purchase and add it to your shopping cart.
- At this point, you will be redirected to a page summarizing the details of the products you have selected, their price and delivery options (with delivery charges). You can change your order, add or delete an article our cancel your order. At the bottom of this page you will find the order button.
- After confirmation of your order, you will then have to choose the payment methods that best suit you and proceed to the payment.
- Following receipt of your payment, you will receive a confirmation message of your order.
- We will inform you of the dispatch of your articles.
In accordance with article 1369-1 of the French Civil Code, you consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the your account area of the web site. For further information about electronic invoices and instructions on how to receive a paper copy please refer to the contact page of the website.
Delivery times are usually 14 days from receipt of your payment. Each work is printed on demand by our partner lab. We do our utmost to deliver products as soon as possible. However, delivery dates are estimates only, they are not guaranteed and can not be invoked against us. However, the maximum delivery period of thirty (30) days from receipt of the payment e-mail is guaranteed. Any action against the carrier for partial loss or damage shall extinguish in case the recipient of the goods, has not notified the carrier by extra-judicial act or by registered letter, of the reasons to protest within three days, excluding public holidays, following receipt of the goods (article L.133.3 of the French Commercial Code). In this context, we kindly advise you or a third party to carefully check the package before signing the delivery note and to never accept a package that appears to be damaged.
VAT is not applicable in accordance with article 293 of the French General Tax Code. Delivery costs include packaging and shipping costs and vary depending on the delivery zone and the product chosen.
2- RIGHT OF RETENTION
The products delivered remain the property of Escape Photo until they are handed over to the carrier.
3- RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services (Article L.221-18 of the French Consumer Code).
You must inform us of your decision to cancel your order by contacting us via the contact page of the web site and by indicating your invoice number.
You may also use (with no obligation) the below standard form:
give notice that I request to cancel my order for the following products:
Ordered on/received on:
Your Escape Photo account e-mail address:
Once you’ve completed this form, please send it by post to: Escape Photographie, 14, rue de la prieuse, 51430 Bezannes, France or via email: firstname.lastname@example.org
To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item to Escape Photo at the above adress.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Note that you must send back the goods by no later than 14 days from the day on which us you communicate your cancellation.
You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
• the delivery of products if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
• the supply of goods made to your specifications or clearly personalized;
When ordering products from Escape Photo for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Escape Photo, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities..
5- OUR LIABILITY
You benefit from the legal guarantee of conformity (Article L.217-4 et seq. of the French Consumer Code) and the guarantee of hidden defects (Article 1641 et seq. of the French Civil Code) under the conditions provided for in the laws applicable in France.
With the exception of deliveries to metropolitan France, we decline all responsibility in the event that the article delivered is not compliant with the legislation of the country of delivery.
We commit ourselves to use our best endeavors to offer the best service to the client. Nevertheless, our liability can not be withheld in case of delay or breach of our contractual obligations if the delay or failure is due to a cause external to us, or in case of force majeure as defined in article 1148 of the French Civil Code.
In addition, we will not be held liable for minor differences between the photos presented and the text displayed on the website and the products delivered.
As part of our dealings with professional counterparts, we will not be liable for any loss of profit, loss of business, loss of data or loss of profits or any other indirect or unforeseeable damage at the time of use or the conclusion of the contract between us and you.
The limitation of liability referred to above does not apply in the event of fraud or gross negligence on our part, in case of personal injury or liability for defective products, in case of eviction and in case of non-conformity Included due to hidden defects).
6- APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of France, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of France, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in France or in the EU country in which you live.
7- AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. If you are under 18 you may only use Escape Photo with the involvement of a parent or guardian.
10- CONTACT DETAILS AND CUSTOMER SERVICE
14, rue de la prieuse
+33 9 70 44 51 10
Registered under number 829.737.147.00019