General Terms and Conditions of Sale
EVOQ
The Parties These general terms and conditions of sale define the contractual relationships between, on one hand, any customer of the site evoqprojet.com, whether an individual or a professional, hereinafter referred to as “the customer” or “the buyer”, and, on the other hand, the members of the EVOQ Media collective, publishers of the site evoqprojet.com, hereinafter referred to as “the authors” or “EVOQ”. The EVOQ collective is made up of the following members:
Julie Rebaudo
Author-Photographer (NAF code: 9003B)
Riviera Rhapsody 2 rue Jules Massenet 06190 Roquebrune Cap Martin
SIRET number: 840 788 244 00019
Intra-community VAT number: FR 24 840 788 244
Jean-Baptiste Bieuville
Author-Photographer (NAF code: 90.03B)
Riviera Rhapsody 2 rue Jules Massenet 06190 Roquebrune Cap Martin
SIRET number: 519 399 786 00036
Intra-community VAT number: FR 03 519399786
Article 1: Principles
These GTCs apply to the sales of original photographic art prints and are accessible on the evoqprojet.com website.
These GTCs are the only ones applicable. They prevail over all other general conditions or any other contradictory document.
EVOQ reserves the right to modify these GTCs, at any time, without notice. The applicable GTCs are those in force on the date of the order by the customer.
The customer declares to have acknowledged and accepted the general terms and conditions of sale prior to placing their order. Therefore, the validation of the order implies acceptance of the general terms and conditions of sale.
Article 2: Purpose
These general terms and conditions aim to define the rights and obligations of the parties in the context of the sale of original photographic art prints offered by the seller to the buyer, from the evoqprojet.com website.
These conditions only concern purchases made on the evoqprojet.com site.
Article 3: Prices and VAT
The authors reserve the right to modify their prices at any time but commit to applying the rates in effect indicated at the time of the order.
Prices are indicated in euros and include VAT at the reduced rate* of 10% excluding delivery costs. The prices mentioned in the order summary and in the order confirmation constitute the final prices and fees, expressed all taxes included. The prices and delivery charges are payable online at the time of the order.
*current rate.
Article 4: Delivery Charges
Delivery charges are the responsibility of the customer and depend on the country of delivery. They are indicated in euros and include VAT. For delivery to a country not mentioned on the site, it is appropriate to send a message to the following email address: [email protected]
Any return of an order due to an incorrect address indication by the customer when ordering, is at the customer’s expense.
Article 5: Payment
The payment methods accepted on EVOQ are: credit card (via PayPal), PayPal, and bank transfer. All possible bank fees related to the payment of the order are the responsibility of the customer.
Payment of the entire price must be made at the time of the order. Any order implies acceptance of the prices and descriptions of the products available for sale.
Article 6: Customs and Extracommunity Taxes In case of an order to a country other than metropolitan France, the customer is the importer of the concerned works. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall under the jurisdiction of EVOQ. They are the responsibility of the customer and fall under their full responsibility in terms of declarations and payments to the competent authorities and bodies of the importing country. The customer should inquire about these aspects with the local authorities before placing any order.
Article 7: Delivery Deadlines
No art print is available in stock; all orders are subject to printing on demand. Therefore, the shipment or availability of the order generally takes place within 15 to 21 working days, from the date of payment of the order. The actual delivery time depends on the carrier. Consequently, EVOQ cannot be held responsible for non-compliance with this deadline, and as such, cannot satisfy any request for compensation, of any nature whatsoever, resulting from a delivery delay due to a failure of the carrier.
Geographical Zones
For any delivery in a country not listed on the site, it is appropriate to send a message to the following email address: [email protected]
Reception
Upon receipt of the order, any package must be opened in the presence of the delivery person to check the condition of the items and thus avoid any future dispute: the customer must ensure the absence of anomalies (damaged package, broken or deteriorated item, product missing compared to the delivery slip, etc.). It is up to the customer, if the package alone has been damaged and if they decide to accept the item nevertheless, to indicate the observed anomalies, in the form of “handwritten reservations” detailed and explicit, dated and accompanied by their signature, on the delivery slip of the carrier. No subsequent claim will be admissible if the delivery slip is signed without reservation.
The buyer must then send a complaint to EVOQ by email to [email protected] within a period of 3 working days following the date of delivery and, if necessary, if the photo prints need to be returned, they must be done so within 10 working days following the date of delivery in their original packaging and at the buyer’s expense to the following address:
Jean-Baptiste Bieuville, 2 rue Jules Massenet, 06190 Roquebrune Cap Martin, France.
Article 8: Right of Withdrawal
In accordance with Article L121-20 of the Consumer Code, the customer has a period of 7 clear days to exercise their right of withdrawal without having to justify reasons or to pay penalties.
By derogation, Article L121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, in particular for contracts:
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for the provision of services whose execution has begun, with the consumer’s agreement, before the end of the 7 clear days period
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for the supply of goods made to the consumer’s specifications or clearly personalized or which, by their nature, cannot be reshipped.
As part of the EVOQ service, the buyer expressly accepts that the service begins before the expiration of the legal withdrawal period.
In any case, the service of printing art photographs is carried out according to your specifications in various formats which result in the delivery of a clearly personalized product.
As part of his order, the buyer acknowledges not benefiting from a right of withdrawal.
Article 9: Warranty EVOQ undertakes to provide the buyer with a print in accordance with the rules of the art and according to the specifications of his order confirmed by email.
Article 10: Conformity The photographic art prints that the customer receives are comparable to the images presented on the evoqprojet.com site. However, differences in colors, brightness, or contrasts may be observed depending on the screen used to view the images (unsuitable screen, incorrect screen device color profile, etc…): consequently, the images representing the original photographs on the site are not contractual. On the other hand, despite all the care taken by the author in the realization of art prints, the appearance and colors of the image can change or degrade over time. These inevitable damages do not constitute a hidden defect or a manufacturing defect.
Article 11: Ownership Warranty The authors of EVOQ guarantee that all photographs offered for sale on evoqprojet.com are their property, and that they have the necessary authorizations concerning the shooting and dissemination on evoqprojet.com.
Article 12: Intellectual Property All images and all texts presented on the evoqprojet.com site are protected by French laws and by the Intellectual Property Code (law No. 92-597 of July 1, 1992).
Article 13: Applicable Law – Disputes
These general terms and conditions of sale are subject to French law. In the event of a dispute on the substance or form, jurisdiction will be assigned to the French court closest to the author’s place of residence.
GTC of August 11, 2022.