Terms and Conditions of Sale (B to C)
ARTICLE 1 – Scope
These General Terms and Conditions of Sale contain the information that must be provided to consumers, in accordance with the provisions from Article L.111-1 to Article L.111-5 of the French Consumer Code. They are intended to meet the general information obligation under the Consumer Code, applicable solely in (i) professional-to-consumer relationships and (ii) in professional-to-professional relationships when the contract’s purpose is unrelated to the main activity of the contacted professional and when the number of employees employed by the professional does not exceed five, as per Article L.221-3 of the Commercial Code.
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of tickets for the online edition of the Food Photography Summit (hereinafter, the “Products”) offered by Mélanie Rousselle, manager of Shootings Gourmands, a single-shareholder limited liability company, located at 3, Allée Jean Monnet in Vélizy (78140), registered under number 903 803 963 at the R.C.S. of Versailles, and Massiel Habchi, sole proprietor, registered under number 844 134 561 00011 (hereinafter, the “Sellers”) to non-professional customers (“Clients” or “Client”) on the website https://sommetphotoculinaire.com/.
The main characteristics of the Products are presented on the website https://sommetphotoculinaire.com/.
Clients are required to review these before placing any order. The choice and purchase of a Product is solely the responsibility of the Client.
These terms apply to the exclusion of all other conditions, particularly those applicable to other distribution channels for the Products.
They may be supplemented by special conditions outlined on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if applicable, 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 Client.
In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) effective as of May 25, 2018, the Client has the right to access, rectify, object to, delete, and transfer all of their personal data at any time by writing, with proof of identity, to Mélanie Rousselle at 3, Allée Jean Monnet in Vélizy (78140) or via email at sommetculinaire@gmail.com.
The Client declares having read and accepted these General Terms and Conditions of Sale by checking the box provided before proceeding with the online order.
Validation of the Product order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the website https://sommetphotoculinaire.com/.
These General Terms and Conditions of Sale may be amended, and the applicable version is the one in effect on the website on the date the Client places their order.
The Products offered on the website https://sommetphotoculinaire.com/ are available for sale in France and other countries.
Modifications to these General Terms and Conditions of Sale are binding on users of the website https://sommetphotoculinaire.com/ as of their posting and cannot apply to transactions concluded previously.
ARTICLE 2 – Orders
The Client selects Products on the site according to the following steps:
- Clicking on the hyperlink directing to the Product description page provided by the Sellers;
- Creating an online account by providing personal information (name, surname, email, country);
- Completing the payment form (including bank details);
- Making the online payment;
- Accepting these General Terms and Conditions of Sale by checking the appropriate box; and
- Validating the order.
Contractual information is presented in French and confirmed at the latest when the Client validates the order.
An order is recorded on the Seller’s site when the Client accepts these General Terms and Conditions of Sale by checking the appropriate box and validates their order.
The Client may review the details of their order, the total price, and correct any errors before confirming their acceptance (Article 1127-2 of the French Civil Code). This validation implies acceptance of all the present General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Client’s responsibility to check the accuracy of their order and immediately notify any errors.
However, the sale of Products will only be deemed final after the Client receives email confirmation of the order acceptance from the Sellers and after full payment has been received.
Any order placed on https://sommetphotoculinaire.com/ constitutes a distance contract between the Client and the Sellers.
The Sellers reserve the right to cancel or refuse any order from a Client with whom there is an unresolved dispute concerning payment of a previous order.
Once confirmed and accepted by the Sellers under the conditions described above, an order cannot be modified or canceled (except by exercising the right of withdrawal and in cases of force majeure as described below).
ARTICLE 3 – Prices
The Products offered by the Sellers are provided at the rates in effect on https://sommetphotoculinaire.com/ at the time of order placement by the Sellers. Prices are in Euros, including VAT.
Prices take into account any discounts granted by the Sellers as specified on the website https://sommetphotoculinaire.com/.
These rates are firm and not subject to revision during their validity period as indicated on https://sommetphotoculinaire.com/, with the Sellers reserving the right, outside this validity period, to modify the prices at any time.
The amount payable by the Client corresponds to the total purchase price upon order placement.
ARTICLE 4 – Payment Terms
The price must be paid in full before the provision of the Products ordered, as defined in the “Terms of Product Provision” article below, and as indicated on the invoice issued to the Client.
The following secure payment methods are available:
- By credit cards: credit card / PayPal
Online payment by credit card is processed through Stripe. Transmitted information is encrypted according to industry standards and cannot be read while being transmitted over the network to the Sellers.
All security guarantees of this system are the sole responsibility of Stripe, and the Sellers shall not be liable for any payment security issues.
In the event the Client violates these General Terms and Conditions of Sale, and the Sellers temporarily or permanently suspend access to their Products, the Client remains responsible for any remaining outstanding payments.
ARTICLE 5 – Terms of Product Provision
5.1 Product Delivery Timeframe
Products ordered by the Client will be provided within the following timeframe, starting from the receipt of the corresponding order and payment:
- For the online edition: content access on November 18, 2024
- For orders placed after November 18, 2024: access to all presentations upon order completion.
Access to presentations is valid until November 18, 2025, inclusive.
If the Products ordered are not provided within sixty (60) days of the above-specified indicative date, for reasons other than force majeure or the Client’s actions, the sale may be canceled at the Client’s written request under the conditions specified in Articles L. 216-2, L.216-3, and L.241-4 of the Consumer Code.
According to Article L.216-3 of the Consumer Code, any amounts paid by the Client will then be refunded no later than fourteen (14) days from the date the contract is terminated, excluding any additional compensation or deduction.
5.2 Client’s Reservations and Claims
In the absence of express reservations or claims from the Client at the time of receipt, the Products shall be deemed compliant with the order, both in quantity and quality.
The Client has eight (8) days from the provision of the Products to submit, in writing, such reservations or claims, with all related supporting documents, to the Sellers.
No claim will be validly accepted if the Client fails to comply with these formalities and deadlines.
The Sellers will, as quickly as possible and at their expense, rectify (where possible) any Products proven to be non-compliant, according to methods agreed upon with the Client.
ARTICLE 6 – Right of Withdrawal
Given the nature of the products supplied (digital content not provided on a tangible medium), orders placed by the Client do not benefit from a right of withdrawal, in accordance with the provisions of Article L.221-28 of the Consumer Code.
The contract is therefore concluded definitively upon the Client’s placement of the order under the terms specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Sellers’ Liability – Warranty
The Sellers, in accordance with legal provisions, warrant to the Client against any non-conformity of the Products and any hidden defects arising from a design or supply flaw in said Products, excluding any negligence or fault on the part of the Client.
The Sellers’ liability can only be engaged in the event of proven fault or negligence and is limited to direct damages, excluding any indirect damages of any kind.
To assert their rights, the Client must inform the Sellers in writing of the defects within a maximum of fifteen (15) days from their discovery, failing which any action related thereto shall be forfeited.
The Sellers will rectify or cause to be rectified, at their sole expense, according to methods agreed upon with the Client, any Products found to be defective.
In any case, should the Sellers’ liability be held, the Sellers’ warranty would be limited to the pre-tax amount paid by the Client for the provision of the Products.
ARTICLE 8 – Client Obligations
Concerning the availability of presentations from the online edition of the culinary photography summit:
In the provision of the Products, and given the nature of the Products provided by the Sellers, i.e., access to high-value-added digital and digital content, the Client agrees to:
- Personally use the content provided by the Sellers;
- Not copy or transfer the content provided by the Sellers, in accordance with the “Intellectual Property” article;
- Not share their access codes with a third party to enable access to the content provided by the Sellers.
In the event the Client fails to comply with these obligations, the Sellers reserve the right to permanently suspend the provision of the Products to the Client and to seek damages.
ARTICLE 9 – Intellectual Property Rights
The Sellers retain ownership of all intellectual property rights to the content created by the Sellers for the provision of the Products to the Client.
The Client is therefore prohibited from reproducing or exploiting the content provided by the Sellers without the Sellers’ prior, express, and written authorization, which may be subject to financial compensation.
In the event of a violation of this prohibition, the Sellers reserve the right to seek damages from the Client. They may also permanently suspend the provision of the Products to the Client.
ARTICLE 10 – Personal Data
Personal data collected from Clients is processed electronically by the Sellers. They are recorded in their Client file and are necessary for processing orders, particularly to create a client account.
This personal information and data are also retained for security purposes to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees. Additionally, they will be retained by the Sellers for commercial prospecting with the Client for three (3) years from the date of the Client’s order.
The Sellers are responsible for data processing. Access to personal data will be strictly limited to the employees of the data controller, authorized to process them due to their functions. The information collected may be communicated to third parties bound by contract with the company for commercial prospecting and to execute outsourced tasks, without requiring the Client’s permission.
In performing their services, third parties only have limited access to data and are required to use it in accordance with applicable personal data protection legislation.
Outside of the cases mentioned above, the Sellers are prohibited from selling, renting, transferring, or granting access to third parties without the Client’s prior consent unless legally compelled to do so for a legitimate reason.
If data is to be transferred outside of the EU, the Client will be informed, and the safeguards taken to secure the data will be specified.
In accordance with the applicable regulations, the Client has the right to access, rectify, erase, and transfer their data, as well as the right to object to processing for legitimate reasons. These rights can be exercised by contacting the data controller at the following email address: sommetculinaire@gmail.com.
In case of a complaint, the Client may file a complaint with the National Commission for Informatics and Liberties.
ARTICLE 11 – Non-Performance Exception
It is recalled that under Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to fulfill its own obligation and if such non-performance is sufficiently serious, meaning it jeopardizes the continuation of the contract or fundamentally disrupts its economic balance.
The suspension of performance will take effect immediately upon receipt by the defaulting Party of the breach notice from the aggrieved Party, expressing the intention to apply the non-performance exception until the defaulting Party remedies the observed breach, sent by registered letter with acknowledgment of receipt or any other durable written medium that provides proof of sending.
This non-performance exception may also be used preventatively, in accordance with Article 1220 of the Civil Code, if it is evident that one of the Parties will not perform its obligations on the due date, and the consequences of this non-performance are sufficiently serious for the aggrieved Party.
This option is exercised at the initiating Party’s risk and peril.
The suspension of performance will take effect immediately upon receipt by the presumed defaulting Party of the intention to apply the preventative non-performance exception until the presumed defaulting Party performs the obligation for which an imminent breach is apparent, sent by registered letter with acknowledgment of receipt or any other durable written medium that provides proof of sending.
ARTICLE 12 – Confidentiality
The Parties agree to maintain the confidentiality of all information obtained during the conclusion or negotiation of these terms, relating to its subject or execution, as well as all information related to the other Party.
By exception, this commitment shall not apply if:
- Disclosure is required by applicable law, to the extent required by such law, provided that prior notice is given to the other Party;
- Disclosure is required by a competent administrative authority regarding said Party, to the extent required;
- Disclosure is necessary for a Party to fully benefit from its rights under these terms, provided that prior notice is given to the other Party;
- Without any fault of either Party, the information is already publicly known;
- Prior written authorization has been given by the other Party for disclosure, to the extent authorized.
ARTICLE 13 – Disputes
13.1 – Amicable Solutions
To seek a mutual solution to any dispute arising from the execution of this contract, the parties agree to meet within fifteen (15) days of the receipt of a registered letter with acknowledgment of receipt, sent by either party.
This amicable resolution process is a mandatory prerequisite before initiating legal action between the Parties. Any action initiated in breach of this clause will be declared inadmissible.
However, if after forty-five days from the aforementioned meeting the Parties cannot reach an agreement, the dispute will be submitted to the jurisdiction designated below.
13.2 – Judicial Solutions and Conventional Mediation
All disputes arising from the purchasing and selling operations concluded under these general terms, concerning their validity, interpretation, performance, termination, consequences, and aftermath, which could not be resolved amicably between the Sellers and the Client, will be submitted to the designated jurisdiction below.
The Client is informed that, in any case, they may resort to conventional mediation, specifically to a mediator approved by the Commission for Consumer Mediation (Consumer Code Article L 612-1).
ARTICLE 14 – Jurisdiction
All disputes arising from this contract and any agreements deriving from it, concerning their validity, interpretation, performance, resolution, consequences, and aftermath, will be submitted to the Commercial Court of Versailles (including urgent or protective proceedings in summary or by request), notwithstanding multiple defendants or third-party claims.
ARTICLE 15 – Contract Language – Applicable Law
These General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are drafted in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 – Pre-Contractual Information – Client Acceptance
The Client acknowledges that, prior to placing their order and concluding the contract, they have been provided in a clear and comprehensible manner with these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, including the following:
- The essential characteristics of the Products, based on the communication medium used and the Product concerned;
- The Product prices;
- In the absence of immediate contract execution, the date or period within which the Sellers commit to providing the ordered Products;
- Information about the identity, contact information, and activities of the Sellers, if not evident from the context;
- Information about legal and contractual guarantees and their implementation terms;
- The functionality of digital content and, where applicable, its interoperability;
- The possibility of conventional mediation in case of dispute;
- Information regarding the right of withdrawal (existence, conditions, period, and methods for exercising this right), cancellation methods, and other important contractual terms;
- Accepted payment methods.
By ordering on the website https://sommetphotoculinaire.com/, any individual or entity fully accepts and agrees to these General Terms and Conditions of Sale and commits to paying for the ordered Products, which is expressly recognized by the Client, who waives any contradictory documents that would be unenforceable against the Sellers.