These General Terms and Conditions of Sale, hereinafter « Terms », apply to all sales of products made on the website photographyofchina.com, managed by « Photography of China », hereinafter « POC ».
II. ORDER & PAYMENT
The products are presented on the website with characteristics. For each product, the buyer can choose to purchase either:
a. A printed artwork, with an indicated price, for which the buyer have to add to cart, acknowledge and accept the Terms by checking a box during the checkout process, process to payment. The buyer then receives a confirmation email on the email address the buyer specified during the payment process. The buyer will be charged the price for the purchased product plus delivery charges once the availability of the product is confirmed.
b. An artwork copyright, with no indicated price, for which the buyer have to contact us through the « Buy Copyright » function, specify his project using the artwork. The buyer then receives a confirmation email on the email address the buyer specified in the contact formula, including a sale contract and an invoice. The buyer returns the contract signed and proceeds to payment by bank transfer.
POC reserves the right to refuse an order for any reason that leads to difficulty to treat the order, such as unavailability of product. In any case, an information email is sent to the buyer to keep his informed and any made payment is cancelled.
The products prices are fixed by POC and the products owners. POC reserves the right to modify the prices at any time with the products owners’ agreement. However, any product is invoiced on the price applicable at the time of order.
The products prices are stated in Euros, including taxes, but excluding shipping costs that will be specified during the payment process. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the buyer and under its full responsibility, both in terms of returns and payments to the authorities or competent organization. It is recommended to check with the relevant authorities.
IV. SHIPPING & DELIVERY
a. For printed artwork, the purchased product is shipped to the address provided by the buyer during his order, within 30 days. If any delay occurs, an email is sent to the buyer to inform of the impact on the delivery time. The name of the carrier dealing with the transport of the purchased products to the buyer as well as the number of the package are communicated to the buyer by email. This allows the buyer to track the status of its order on the carrier's website, provided that the carrier offers a package tracking service. POC and the products owners are not responsible for delivery delay caused exclusively by the buyer’s unavailability to receive the package from the carrier.
b. For copyright, the purchased product is made available for the buyer using electronic means, either by email or other file transfer services, within 30 days. If any delay occurs, an email is sent to the buyer to inform of the impact on the delivery time.
V. RIGHT OF CANCELLATION
In accordance with the relevant legal provisions, in the context of a purchase from an owner established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the buyer, if he is a citizen of said area himself, has a period of 14 days from the receipt of the product he ordered to exercise, in relation with POC, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from an owner that is not a member of the European Economic Area or if the buyer is not a national of this area himself, this right of withdrawal is not applicable.
In case the right of withdrawal is exercised in the aforementioned time frame, the price of the purchased product and the shipping costs will be reimbursed by POC, whereas the return costs will remain the responsibility of the Buyer. For a printed product, it must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of the sending.
All the products available on POC website are confirmed entirely original and delivered with an authenticity certification for printed works. In case of non conformity of a sold product, it can be returned, changed or repaid.
Any complain, change or repay request has to be made by email within 30 days from the products receipt date. Products return has to be done in the original and complete status (packaging, accessories, and manuals). Returns fees are repaid to the buyer upon presentation of receipts.
This article does not prevent the buyer from using your right of cancellation allowed by article V.
POC can collect nominative information and personal data about the buyer. It is necessary to process order and to improve services and information POC is providing to the buyer. The information and data can also be transmitted to companies which contribute to these relations, such as those who process order operations and payment.
The information and data are also preserved for security purpose in order to comply with legal and regulatory obligations. In no way these information and data will be transmitted to third parties companies with commercial purpose without your written authorization.
VIII. APPLICABLE LAW IN CASES OF DISPUTE
The current Terms are under French legislation and the French courts will have exclusive jurisdiction for any dispute under this agreement.
Any situation non provided in the current Terms shall first lead the parties to make all possible efforts to resolve the dispute amicably.