General Terms and Conditions of Sale (B to C)
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale contain information to be communicated to consumers, in accordance with the provisions of Article L.111-1 to Article L.111-5 of the Consumer Code, to fulfill the general obligation of information provided by the Consumer Code and applicable only in relations (i) between professionals and consumers and (ii) between professionals when the subject of the agreement is not within the scope of the main activity of the professional solicited and the number of employees employed by them is less than or equal to five, in accordance with the provisions of Article L.221-3 of the Commercial Code.
These General Terms and Conditions of Sale apply without restriction or reservation to any registration for the 2023 Culinary Photography Summit (hereinafter the “Products”) offered by Mélanie Rousselle, manager of the company Shootings Gourmands, a limited liability company with a single shareholder domiciled at 3, allée Jean Monnet in Vélizy (78140) registered under number 903 803 963 with the RCS of Versailles, and Massiel Habchi, manager of SAS MZcuisine registered under number 919552026 with the RCS of Evry (hereinafter the “Sellers”) and to Customers (“Customers or the Customer”) on the website https://sommetphotoculinaire.com/.
The main characteristics of the Products are presented on the website https://sommetphotoculinaire.com/.
The Customer is required to read them before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, and in particular those applicable for other distribution channels for the Products.
They may be supplemented by specific conditions, stated on the Internet site, before any transaction with the Customer.
These General Terms and Conditions of Sale are accessible at any time on the Internet sites and will prevail, if necessary, over any other version or conflicting document.
Unless proven otherwise, the data recorded in the Sellers’ computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has the right of access, rectification, opposition, erasure and portability of all its personal data at any time by writing, by mail and justifying its identity, to the following address: Madame Mélanie Rousselle, 3, allée Jean Monnet in Vélizy (78140) or by email to the following address: sommetculinaire@gmail.com.
The Customer declares to have read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
The validation of the order of Products by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://sommetphotoculinaire.com/.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in effect on the website on the date of placing the order.
The Products presented on the website https://sommetphotoculinaire.com/ are offered for sale in the following territories: France and other countries.
Changes to these General Terms and Conditions of Sale are binding on users of the website https://sommetphotoculinaire.com/ from the date of publication and cannot apply to transactions concluded prior to that date.
ARTICLE 2 – Orders
The Customer selects the Products on the website that they wish to order, according to the following modalities:
- Click on the hyperlink leading to the description page of the Product offered by the Sellers;
- Create an online account by entering the Customer’s personal information (name, first name, email address, country);
- Complete the payment form (including banking details);
- Make the payment online;
- Acceptance of these General Terms and Conditions of Sale by checking the box provided for this purpose; and
- Validation of the order.
Contractual information is presented in French and will be confirmed at the latest at the time of order validation by the Customer.
The recording of an order on the Seller’s website is made when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order.
The Customer has the opportunity to check the details of their order, the total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.
Therefore, it is the Customer’s responsibility to verify the accuracy of the order and immediately report any errors.
However, the sale of Products will only be considered final after the Sellers send the Customer the confirmation of the acceptance of the order by email and after the full payment is received.
Any order placed on the website https://sommetphotoculinaire.com/ constitutes the formation of a distance contract between the Customer and the Sellers.
The Sellers reserve the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
Once confirmed and accepted by the Sellers, under the conditions described above, the order is not modifiable or cancellable (except for the exercise of the right of withdrawal and cases of force majeure as described below).
ARTICLE 3 – Prices
The Products offered by the Sellers are provided at the prices in effect on the website https://sommetphotoculinaire.com/ at the time of registration of the order by the Sellers. Prices are expressed in Euros and include VAT.
The prices take into account any reductions granted by the Sellers under the conditions specified on the website https://sommetphotoculinaire.com/.
These prices are firm and non-revisable during their period of validity, as indicated on the website https://sommetphotoculinaire.com/, the Sellers reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, following the order.
ARTICLE 4 – Payment Conditions
In principle, the price is payable in full before the supply of the ordered Products, under the conditions defined in the “Product Supply Terms” article below, and as indicated on the invoice given to the Customer.
The following secure payment methods are used:
- by credit cards: credit card / PayPal Secure online payment by credit card is made through the company Stripe. The transmitted information is encrypted by software according to the rules of the art and cannot be read during transport on the network by the Sellers.
Any guarantee as to the security of this system is entirely the responsibility of the Stripe company. Also, no responsibility can be attributed to the Sellers regarding the security of payment information.
In the event that the Customer violates these general terms of sale and the Sellers temporarily or permanently suspend access to their Products, the Customer would still be liable for all remaining installments.
ARTICLE 5 – Product Supply Terms
5.1 Delivery Time of Products
The Products requested by the Customer will be provided within the deadlines indicated below, from the Sellers’ receipt of the full price:
- For deliveries in France: within 15 days from the confirmation of the order by email.
- For international deliveries: within 30 days from the confirmation of the order by email.
These deadlines are indicative and may vary depending on the place of delivery.
The Sellers undertake to inform the Customer of any overrun of the delivery deadline.
5.2 Delivery Address
The Products ordered by the Customer will be delivered to the address indicated by the Customer on the order form. The Customer will ensure its accuracy.
Any package returned to the Sellers due to an incorrect or incomplete delivery address will be redirected at the Customer’s expense. The Customer can request a new delivery, at their expense.
The Customer can, at their request, obtain the sending of an invoice to the billing address and not the delivery address, by validating the option provided for this purpose on the order form.
5.3 Delivery Methods
The Products are delivered to the address specified by the Customer on the order form, according to the following methods:
- By digital download link: The Customer will receive an email with a link to download the digital content (e.g., e-books, PDF files) they have purchased.
- By mail: The Products will be sent to the Customer’s physical address by mail or carrier.
5.4 Delivery Problems
Any anomaly concerning the delivery (damage, missing Product, damaged package, broken Product, etc.) must imperatively be indicated on the delivery note in the form of handwritten reservations accompanied by the Customer’s signature.
The Customer must also confirm this anomaly by sending the Sellers an email describing the said anomaly and attaching any supporting documents (photos in particular) within two days of receiving the Product.
If the delivery issues are not reported within this period, the Sellers will not be able to take them into account, and the Customer will not be able to claim any compensation.
5.5 Receipt of Products
Upon receipt of the ordered Products, the Customer must check the conformity of the delivered Products.
Any defect or non-conformity must imperatively be reported to the Sellers by email within two days of receipt of the Products.
Beyond this period, the Customer will be deemed to have accepted the Products, and no claim can be validly accepted by the Sellers.
The Sellers will refund or replace as soon as possible and at their expense, the delivered Products whose defects in conformity or hidden defects have been duly proven by the Customer, under the conditions provided for in the “Guarantee of Conformity and Hidden Defects” article below.
ARTICLE 6 – Right of Withdrawal
In accordance with the legal provisions in force, the Customer has a period of 14 clear days from the receipt of the Products to exercise their right of withdrawal from the Sellers, without having to justify reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, the Customer is liable. Any damage suffered by the Product on this occasion may be such as to defeat the right of withdrawal.
The Customer can exercise their right of withdrawal directly on the website https://sommetphotoculinaire.com/, from their customer account.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Products and the shipping costs will be reimbursed; the return costs remaining the responsibility of the Customer.
The refund will be made within 14 days of the Sellers’ notification of the Customer’s decision to withdraw.
ARTICLE 7 – Guarantees
The Sellers are liable for defects in the conformity of the Products under the conditions of Article L.217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 et seq. of the Civil Code.
The Products supplied by the Sellers benefit from:
- the legal guarantee of conformity, for Products that are apparently defective, damaged, or damaged or do not correspond to the order;
- the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use.
To assert their rights, the Customer must inform the Sellers in writing of the non-conformity of the Products or the existence of hidden defects within two days from their discovery.
The Sellers will refund, replace, or have repaired the Products or parts under warranty that are deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate, and the return costs will be reimbursed upon presentation of supporting documents.
The refunds of the Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Sellers’ finding of the lack of conformity or hidden defects.
The refund will be made by crediting the Customer’s bank account or by check sent to the Customer.
The Sellers’ liability cannot be implemented in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check;
- in case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, such as in case of normal wear and tear of the Product, accident, or force majeure.
The guarantee of the Sellers is, in any case, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 8 – Data Protection
The information and data concerning the Customer are necessary for the management of the Customer’s order and the commercial relations between the Sellers and the Customer.
This data may also be kept for security purposes to meet legal and regulatory obligations.
In accordance with the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has the right of access, rectification, opposition, erasure, and portability of all its personal data at any time by writing, by mail and justifying its identity, to the following address: Madame Mélanie Rousselle, 3, allée Jean Monnet in Vélizy (78140) or by email to the following address: sommetculinaire@gmail.com.
The Customer’s bank details are not kept by the Sellers.
The Sellers undertake not to disclose the information provided by the Customers to third parties.
ARTICLE 9 – Intellectual Property
The content of the website https://sommetphotoculinaire.com/ is the property of the Sellers and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 10 – Force Majeure
The performance by the Sellers of their obligations under this contract is suspended in the event of a fortuitous event or force majeure that would hinder or delay their execution.
The Sellers will inform the Customer of the occurrence of such an event as soon as possible.
If the suspension of the performance of the obligations is prolonged beyond a period of 30 days, the Customer will have the possibility to cancel the order, and the Sellers will proceed to reimburse the amount paid within 14 days.
ARTICLE 11 – Applicable Law – Disputes
These General Terms and Conditions of Sale are governed by and subject to French law.
In the event of a dispute, the Customer will first contact the Sellers to obtain an amicable solution.
Failing an amicable agreement, the Customer, if they qualify as a consumer within the meaning of French law and the Consumer Code, may initiate proceedings before the court of their choice.
If the Customer does not qualify as a consumer within the meaning of French law and the Consumer Code, the parties will seek an amicable solution before taking any legal action.
These General Terms and Conditions of Sale are subject to French law.