These conditions of sale are concluded on the one hand by the company Fotoautomat whose headquarters is located in Paris, hereinafter referred to as “Fotoautomat” and managing the site fotoautomat.fr and, secondly, by any person or entity wishing to make a purchase via the website fotoautomat.fr hereinafter referred to as “the buyer.
Article 1. Object
The present conditions of sale aim to define the contractual relations between fotoautomat.fr and the buyer and the conditions applicable to any purchase made through the website fotoautomat.fr. The acquisition of a product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site fotoautomat.fr is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these general conditions of sale.
Fotoautomat retains the possibility to modify at any time these conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the site fotoautomat.fr within the limits of available stocks. Fotoautomat reserves the right to change the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but are not binding on the Seller.
Article 3. Prices
The prices appearing on the cards products of the Internet catalog and are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable to the day of the order. Any change in the VAT rate may be reflected in the price of the products. Fotoautomat reserves the right to change its prices at any time, but it is understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and payment terms
Fotoautomat offers the buyer to order and pay for his products in several steps, with two payment options:
Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by Paypal” or “Payment by credit card”. The next step proposes to verify all the information, to read and accept the present general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter his Paypal account or personal credit card references. If the payment is accepted, the order is registered and the contract definitively formed. The payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited or refunded. The cardholder is not liable if the disputed payment was proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement for the fraudulent debit and any bank charges that may have been incurred, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract with the bank so provides. The amounts charged are reimbursed by the bank within a maximum of one month after receipt of the holder’s written objection. No costs for the return of monies will be charged to the holder.
Payment by bank transfer : the buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Ensuite, les frais d’expédition sont calculés et soumis à l’acheteur, ainsi que le nom du transporteur. Then, the buyer chooses the payment method of his choice: “Payment by bank transfer”. Finally, the last step proposes to him to check all the information, to take knowledge and to accept the present general conditions of sale by notching the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order”. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize the payment and trigger the processing of the order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of the association Umlaut whose details are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Fotoautomat will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation to prevail itself of its own conditions of purchase. The whole of the provided data and the recorded confirmation will be worth proof of the transaction. If the buyer has an email address and if he has provided it on his order form, Fotoautomat will send him by email confirmation of the registration of his order.
If the buyer wishes to contact Fotoautomat he can do so either by mail at the following address Fotoautomat, 53 rue des Trois Frères, 75018 Paris; or by email at the following address: [email protected].
Article 5. Reservation of ownership
Fotoautomat retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Article 6. Withdrawal
En vertu de l’article L121-20 du Code de la consommation, l’acheteur dispose d’un délai de quatorze jours ouvrables à compter de la livraison de leur commande pour exercer son droit de rétractation et ainsi faire retour du produit au vendeur pour échange ou remboursement sans pénalité, à l’exception des frais de retour.
Article 7. Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. The orders are made by La Poste via COLISSIMO, delivery service with follow-up, delivery without signature.
Fotoautomat may provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his letter carrier. In case of absence of the buyer, he will receive a notice of passage of his letter carrier, which allows him to withdraw the ordered products at the nearest post office, during a time indicated by the postal services. The risks associated with transport are borne by the buyer from the time the items leave the premises of Fotoautomat. The buyer is required to verify in the presence of the employee of the Post Office or the deliverer, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
For information purposes only, delivery times vary according to the country of destination. They are generally two (2) to three (3) working days for France, three (3) to seven (7) working days in Europe, and one (1) to two (2) week(s) in the rest of the world.
These periods will run only from the provision by the buyer of the elements requested by Fotoautomat, it being specified that the buyer must carefully fill in all fields of the form that would be required to make the delivery, namely the delivery details (name, surname and full address), as well as any information that could be useful to service providers delivery partners Fotoautomat (email, phone, etc.).
Fotoautomat can in no way be held responsible for an impossibility of delivery that would be caused by an error, inaccuracy or false information relating to the information and delivery details of the buyer, and, where appropriate, any new delivery that may have to be made again by Fotoautomat will be at the expense of the buyer, who may be contacted by email by Fotoautomat for payment of these new costs. In case of non-payment of these new delivery charges, Fotoautomat reserves the right not to proceed with the delivery of the order placed.
Possible delays do not entitle the buyer to cancel the sale, to refuse the goods or to claim damages.
Article 8. Warranty
All products supplied by Fotoautomat benefit from the legal guarantee provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned to Fotoautomat who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by mail to the following address Fotoautomat, 53 rue des Trois Frères, 75018 Paris within thirty days after delivery.
Article 9. Responsibility
Fotoautomat, in the process of distance selling, is bound only by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 10. Intellectual Property
All elements of the site umlautrecords.com are and remain the exclusive intellectual property of Fotoautomat. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are in the form of photo, logo, visual or text.
Article 11. Data of a personal nature
Fotoautomat is committed to preserving the confidentiality of information provided by the buyer, which it would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address Fotoautomat, 53 rue des Trois Frères, 75018 Paris.
Article 12. Dispute Resolution
The present conditions of remote sale are subjected to the French law. For all disputes or litigation, the competent court will be that of Paris.