CONDITIONS GÉNÉRALES DE VENTE
SPEEDBIRD PHOTO VINTAGE
This document sets out the terms and conditions governing online purchases on our website: www.speedbirdphotovintage.com (“T&Cs”).
These T&Cs have been drawn up by SPEEDBIRD PRODUCTIONS & CONSULTING, a French société par actions simplifiée (simplified joint stock company) with a share capital of 10,000 Euros, registered in Salon-de-Provence (France) under number 800 039 638, whose head office is located avenue Mgr Maurice Plano, 7 Lotissement de la Tour, 13330 PÉLISSANNE, represented by its President, Mrs. Frédérique Aubert (“SpeedBird”).
SpeedBird sells high-quality prints of vintage photos for private use by consumers, i.e. natural persons purchasing for their own personal needs, which exclude all commercial purposes.
Purchases of photo prints by legal entities and/or for other than private purposes are not covered by these T&Cs and are subject to a specific agreement with SpeedBird.
Any order placed on our website www.speedbirdphotovintage.com (“Website”) implies full and complete acceptance of these T&Cs, by ticking the relevant box when submitting the order.
These T&Cs constitute the only contractual document applicable to transactions completed on the Website, to the exclusion of any other terms and conditions, such as general or special terms of purchase.
The sale is deemed to be completed upon confirmation of the order by SpeedBird. Prior to completion of the sale, these T&Cs are available to purchasers for information purposes, as required under Article L. 221-8 of the French Consumer Code (Code de la consommation), and can be downloaded at www.speedbirdphotovintage.com/cgv.
SpeedBird reserves the right to modify these T&Cs at any time without notice and without justification.
All modifications of the T&Cs by SpeedBird will be immediately binding on the Customer (as defined below) and applicable to all transactions completed as from the publication thereof on the Website. They will not apply, however, to previously completed transactions.
All orders are governed by the T&Cs applicable on the order date. The last update of the T&Cs is available on the Website at www.speedbirdphotovintage.com/cgv.
For the purposes of these T&Cs, the terms and expressions set out below (whether in the singular or the plural) will be construed as follows:
"Customer" means a consumer, i.e. an individual of at least 18 years of age, purchasing one or more Prints on the Website;
"Order" means a transaction completed on the Website for the purchase of one or more Prints by a Customer;
"Customer Account" means the user account created by a Customer with a view to purchasing one or more Prints on the Website and subsequently viewing their order history. To create a Customer Account, Customers are required to provide personal data –as defined in the French data protection act of 6 January 1978 (Loi Informatique et Libertés), in the version currently in force– to enable the processing of their Orders;
"Agreement" means the contract entered into between SpeedBird and a Customer, comprised of these T&Cs and the Annexes hereto;
"Website" means the e-shopping website operated by SpeedBird and available at www.speedbirdphotovintage.com.
"Print" means a photo printed on paper from a photographic work for which SpeedBird owns the operating rights. The Prints are exclusively intended for private use and not for commercial use.
- SPEEDBIRD CUSTOMER ACCOUNT
To purchase Prints on the Website, Customers are required to create a Customer Account to identify themselves on the Website and enable the processing of their Orders by SpeedBird. In their Customer Account, Customers can also view their order history from the Website and, if they wish, place a new Order.
When creating a SpeedBird Customer Account, Customers must complete their user profile by providing specific personal data such as their name, first name, address, telephone number and a valid email address. This information is essential for processing a Customer’s Order. If any of this information is not provided, SpeedBird will be unable to confirm or process the Order.
Customers must provide up-to-date information and, if appropriate, make any necessary modifications for each new Order. Customers are solely responsible, and cannot file a claim with SpeedBird, if an Order cannot be accurately processed or sent to them due to their failure to update information such as their name, address, etc.
Via the Website’s online store, Customers can purchase Prints, some of which are numbered, of photographs taken by known, and sometimes unknown, photographers. SpeedBird selects the photographs for their artistic quality, their subject or for any other reason of particular interest.
The Website provides a description of the Prints based on the subject, place and date of the photo, the photographer’s name (if known), as well as the characteristics of the Prints (format, photo media, etc.), subject to availability and display errors. In the event of any error, duly notified to SpeedBird by any means, the latter will make best efforts to appropriately modify the Website.
The images of the Prints shown on the Website endeavour to best represent the content and colors of the Prints, in view of the technical constraints involved in Internet navigation. However, despite the care taken by SpeedBird in digitalizing the Prints for their display on the Website, some minor differences (e.g. in color) may be seen between the image on the Website and the actual Print. It is also understood that the screen settings on a Customer’s computer terminal can influence the display of the Prints. SpeedBird’s liability cannot be incurred in connection with any such differences, as the images of the Prints on the Website do not have any contractual value.
SpeedBird reserves the right to remove a Print at any time without justification.
The Prints are displayed and sold on the Website subject to stock availability. For Prints that are limited in quantity, SpeedBird undertakes to indicate the quantity available on each Print’s fact sheet, this indication being subject to ongoing Orders simultaneously placed by third parties for the same Print.
If, when the Order is processed, it appears that all or part of the latter cannot be fulfilled due to stock depletion, the Order will be suspended and SpeedBird will inform the Customer by telephone or email and offer to exchange the unavailable Print(s) by one or more similar Prints. The Customer can refuse this modification and request the Order to be cancelled in respect of the Prints concerned. Where the modification is accepted, the Customer can exercise the right to cancel the Order, as set out in Section 16 of these T&Cs (“Right of Cancellation”). In such a case, the return costs will be borne by SpeedBird.
- PRINT PRICES
The prices displayed on the Website are in Euros, include (French) VAT (as per the format), exclude delivery costs and may be subject to display errors. In the event of any such pricing error of which SpeedBird is duly informed, the latter will contact the Customers having placed Orders with that error to inform them of the pricing error and request them to renew their order at the correct price.
The prices are valid, subject to their modification at any time. The applicable price is that shown on the Website on the date the Order is placed. SpeedBird will not apply to an Order any discount arising after such Order is placed.
The Print price does not include delivery costs, which are therefore added to the Order amount where appropriate (see Section 9, “Delivery Costs”).
SpeedBird retains ownership of the Prints purchased on the Website until it receives full payment of the price.
- PRINT ORDERS
When navigating the Website, Customers are prompted to choose the Print(s) they are interested in after viewing their description and price. Customers make their selection of Prints which are then added to their cart. The Order is placed when the Customer validates the cart.
Upon validation of the cart, Customers are required to log in to the Website if they did not do so when they initially browsed it. They identify themselves by way of the login used when the Customer Account was created. When Customers do not already have a Customer Account, they will be prompted to create one in accordance with Section 5 of these T&Cs.
For the Order to be confirmed, the Customer must expressly accept the T&Cs and acknowledge having read the content thereof by ticking the box provided for such purpose.
Upon placing the Order, the Customer acknowledges that an Order implies that the Prints selected and concerned by the Order must be paid by clicking the “Confirm and pay my Order” button.
Confirming the Order by way of a double click constitutes an electronic signature that is binding in the same way as a written signature. Order summaries validated by Customers by way of a double click constitute a binding commitment on their behalf.
Customers are informed that SpeedBird is required by law to systematically archive a record of their Orders and invoices.
- DELIVERY COSTS
Delivery costs may apply when an Order is placed.
Customers can choose to take delivery of the Print(s) they order in SpeedBird’s offices or in one of the latter’s partner photo laboratories. In this case, no delivery costs will be due. Additionally, SpeedBird sends rolled-up, unframed Prints, whatever the format, free of charge anywhere in the world.
For framed Prints, delivery costs vary according to the quantity, weight and size of the Prints ordered, the delivery method chosen by the Customer and the destination. The applicable delivery costs are indicated at the time the Order is placed.
Furthermore, various types of shipping companies may also be used for delivery, at the Customer’s choice, i.e. shipping companies specialized in works of art, conventional overnight carriers, or mail services (Colissimo in France). Customers are solely responsible for their choice of carrier. The delivery costs, in this case, are subject to a prior quote before the Order can be confirmed.
SpeedBird hereby draws the Customer’s attention to the fact that customs duties may apply when the Prints are exported outside the European Union.
- PAYMENT OF ORDERS
To finalize their Orders, and subject to their approval of the estimated delivery costs, Customers are prompted to select one of the payment methods proposed by SpeedBird, as shown on the Website, i.e. debit card, check, PayPal or bank transfer. In case of payment by debit card, the Customer’s account is debited immediately.
The Website uses an SSL certificate to secure banking transactions.
SpeedBird reserves the right to refuse an Order if a banking institution refuses to authorize a payment. The payment takes place directly via the bank’s secured server. No Customer bank details are communicated to SpeedBird.
SpeedBird reserves the right to refuse an Order from a Customer with whom there is an unresolved dispute concerning the payment of a previous Order.
- CONFIRMATION OF ORDERS
At the end of the Order process, SpeedBird automatically acknowledges receipt of the Order by sending an email confirming the Order to the email address provided in the SpeedBird Customer Account by the Customer. The email contains a summary of the Order and a link to the order cancellation form shown in Annex 2.
SpeedBird cannot be held liable for any erroneous information provided by Customers. In such a case, any reshipment costs incurred will be paid by the Customer.
The invoice for the Order is sent in the package with the Prints and/or made available in the Customer Account.
Once the Order has been confirmed, no exchange will be accepted by SpeedBird, subject to the stipulations set out below.
- PRINT DELIVERIES
The period required for production and delivery is indicated in business days. It may vary slightly depending on circumstances beyond the control of SpeedBird (disruptions or strikes in transport services or with logistics providers, technical issues).
SpeedBird proposes various delivery methods when the Order is placed. The cost of delivery depends on the delivery method chosen by the Customer. Delivery is available in Metropolitan France (including Corsica) and abroad.
An email confirming the dispatch of the Order is sent to the Customer, as well as a tracking number if the latter requests tracked postage.
Orders are dispatched as soon as possible after confirmation of the Order by SpeedBird. The period required for delivery of the package is additional to the period required for production and dispatch.
- DELAYS IN DELIVERY
Unless otherwise indicated or agreed as regards the date of delivery or completion, SpeedBird will send the Prints without any unjustified delay and, at the latest, thirty (30) days after the Order is placed.
In case of delay in the dispatch of the Order in relation to the scheduled period, an email will be sent as soon as possible to inform the Customer thereof.
Upon the delay reaching thirty (30) days after the Order date, the Customer may terminate the Agreement by way of a letter sent via certified mail with return receipt or in any other durable written form if –after sending a formal demand via the same means requesting SpeedBird to complete the delivery or provide the service within a reasonable additional period– the latter fails to do so within that period.
The Agreement will be considered as terminated upon receipt by SpeedBird of the letter or written notice informing it of such termination, except if SpeedBird takes the necessary steps in the meantime.
- Non-delivery due to the Customer
If, after two (2) attempts by the carrier chosen to deliver the package to the Customer, the delivery cannot be made (absence of the Customer or refusal by the Customer), the package will be deposited at the nearest post office to the Customer’s home address. The Customer will then have fifteen (15) days to collect the package. After that period, the package will be returned to SpeedBird.
If the package is returned to SpeedBird for a reason attributable to the Customer (package not collected, erroneous address), the Customer will be informed by email. With the Customer’s consent, the package will be sent to the Customer again, at the latter’s cost. The Customer must therefore pay the delivery costs to activate the dispatch of the package.
Otherwise, the package will be kept by SpeedBird for a maximum period of sixty (60) days after which SpeedBird may decide, at its sole discretion, either to return the SpeedBird Prints to its stock or to destroy them. The Customer will not be entitled to any refund, replacement, or compensation.
- Non-delivery due to SpeedBird
The Customer may immediately terminate the Agreement if SpeedBird refuses to deliver an ordered Print or does not fulfill its obligation to deliver the Print within a period of thirty (30) days as from the Order date if, for the Customer, such period constitutes an essential condition of the Agreement. That essential condition must arise out of the circumstances in which the Agreement was concluded or out of a specific request made by the Customer prior to the conclusion of the Agreement.
However, SpeedBird hereby informs Customers that some private carriers do not deliver to post boxes or military sectors. Generally speaking, packages that are sent to insufficiently detailed or inaccessible addresses will not be delivered. In the case of an insufficiently detailed address, any helpful information must be provided to the delivery person no later than on the date of delivery.
- DELIVERY OF DAMAGED GOODS
The Customer undertakes to check the package upon receipt: any anomaly must give rise to reservations on the delivery slip. Failing this, the delivery will be deemed to comply with the Order and no claim will be accepted.
If the package is deteriorated and the Prints ordered were damaged during their transport (except in
the case of mishandling by the Customer), the Customer must immediately provide proof thereof
by sending SpeedBird a photo of the Print showing the alleged defect by email to the following address: email@example.com.
If the Print is effectively damaged, the Customer may request a resend. SpeedBird will not be liable for any damage caused due to the Customer, a force majeure event or an unforeseeable and insurmountable act committed by a third party.
The cost of return will be borne by SpeedBird, who will take all necessary steps to fulfill the initial Order as soon as possible. An order can only be returned if the Customer complies with the described procedure. In particular, the Customer must pack the Print in the original packaging and send it with all due care. The Print must be returned to the address provided by SpeedBird.
No exchange of a Print can take place before the damaged Print is returned.
- RIGHT OF CANCELLATION
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, applicable to distance or off-premises contracts, consumers have a right of cancellation period of fourteen (14) days following receipt of a Print ordered on the Website. If this period expires on a Saturday, Sunday, public holiday or nonworking day, it is extended to the first working day thereafter.
In the case of an order for several Prints delivered separately, the cancellation period begins on the date of receipt of the last Print.
The cancellation right can be exercised free of charge, subject to the cost of return of the Prints, which is borne by the Customer.
Customers can exercise their cancellation right, without having to give any reason therefor, by returning the Prints ordered by mail to the following address:
SpeedBird Productions & Consulting
Avenue Mgr Maurice Plano
7 Lotissement de la Tour
The Prints must be returned in perfect condition, in their original packaging.
The cancellation request must be formalized by sending the form shown in Annex 2, completed by the Customer, or by any other means clearly and unambiguously stating the Customer’s wish to cancel. The Prints must be returned no later than fourteen (14) days after the Customer expresses the wish to cancel.
If the cancellation right is exercised, SpeedBird will refund the Customer as soon as possible and, in any case, no later than thirty (30) days after the date of exercise of the cancellation right.
The refund will take place via the same means of payment used by the Customer when placing the Order.
If SpeedBird considers that several returns are excessive or not normal, SpeedBird reserves the right to refuse any subsequent orders from the Customer concerned. The Customer may incur liability in case of damage caused to the Prints through uncareful handling (fingerprints, etc.).
- INSTRUCTIONS FOR USE
The Customer is aware that the Prints must be exhibited and handled with care. The Customer’s attention is drawn to the following measures:
- no exposure to direct sunlight
- no display outdoors, except by means expressly specified and mentioned as such in the product description
- no display in damp or potentially steam-filled premises (kitchen, bathroom).
SpeedBird cannot be held liable for any use of a Print not consistent with the above instructions for use or for any mishandling thereof.
- CUSTOMER SERVICE
In accordance with Article L. 121-16 of the French Consumer Code, the Customer can contact SpeedBird with regard to the proper performance of the sales contract or the processing of a complaint. There is no extra charge for such contact. SpeedBird’s customer service is open from Monday to Friday from 10 a.m. to 7 p.m.
It can be reached:
- by email at firstname.lastname@example.org
- by telephone on +33 (0)609 012 570 or +33 (0)609 442 820
- by mail sent to SPEEDBIRD PRODUCTIONS & CONSULTING, Avenue Mgr Maurice Plano, 7 Lotissement de la Tour, 13330 PÉLISSANNE.
SpeedBird undertakes to deliver Prints that comply with the Agreement and is liable for any existing lack of conformity on the date of delivery. If a Print delivered does not correspond to the Order (error concerning the photo, format or media), the Customer must inform SpeedBird within forty-eight (48) hours at the latest by sending proof of the problem encountered. SpeedBird will inform the Customer of the procedure for returns, unless the parties agree on a means of compensation.
SpeedBird also provides the Customer with a warranty against latent defects.
All requests to implement the warranty must be sent to the following address:
SpeedBird Productions & Consulting
Avenue Mgr Maurice Plano
7 Lotissement de la Tour
- Statutory warranty of conformity
SpeedBird undertakes to refund the Customer or exchange any Prints that are defective or do not comply with the Order.
- Terms of the statutory warranty of conformity
In the case where the Customer takes legal action in respect of the statutory warranty of conformity, the Customer:
- will have a period of two (2) years as from the delivery of a Print to take action;
- can elect to request the replacement of the Print, subject to the provisions of Article L. 217-9 of the French Consumer Code concerning costs, as no remedy is possible in such case;
- is exempted from providing proof of the lack of conformity of the goods during the period of twenty-four (24) months.
The statutory warranty of conformity applies irrespective of any commercial guarantee potentially granted.
A reminder of the legal provisions applicable in respect of the statutory warranty of conformity is set out in Annex 1.
SpeedBird cannot be held liable for any use of a Print not consistent with its intended purpose and/or the instructions for use.
- Enforcement of the statutory warranty of conformity
In the case of a defect in a Print, and in accordance with Article L. 217-4 of the French Consumer Code, the Customer must inform SpeedBird thereof by contacting the Customer Service at the telephone number shown in Section 16. A return slip will then be sent to the Customer for the return of the defective print, at SpeedBird’s cost. The Print must be returned in its original packaging with the invoice number or returns number.
- Statutory warranty against latent defects
The Customer benefits from the statutory warranty against latent defects set out in Article 1641 et seq. of the French Civil Code and specified in the French Consumer Code, as indicated below.
The Customer can thus decide to enforce the warranty against latent defects in the goods sold and, in such case, the Customer can elect to cancel the sale or request a discount, in accordance with Article 1644 of the French Civil Code.
A reminder of the legal provisions applicable in respect of the statutory warranty against latent defects is set out in Annex 1.
- LIABILITY OF SPEEDBIRD
SpeedBird is liable for the proper performance of its obligations under the Agreement.
However, SpeedBird’s liability cannot be incurred if the non-performance or improper performance of the Agreement is attributable to the Customer, or to technical issues beyond SpeedBird’s control, or to the occurrence of a force majeure event, or to an unforeseeable and insurmountable act committed by a third party.
SpeedBird disclaims all liability in case of disruption of the Website, or in the occurrence of any bugs or malfunctions, or in the event of any direct or indirect damage, whatever the reason, origin, nature or consequences thereof, caused by any access or failure to access the Website, and any use of the Website and/or any reliance on information directly or indirectly derived therefrom.
In particular, SpeedBird disclaims all liability with regard to any damage that may be caused to the Customer’s computer equipment by accessing the Website or using or downloading any material therefrom (data, texts, images, videos or sound, etc.).
For maintenance purposes, SpeedBird may interrupt the Website and will make best efforts to previously inform Customers thereof by sending an email to the address they indicated when they signed up.
Customers are solely responsible for their computer equipment. They are required to check that their computer configuration does not contain any viruses and is in good working order.
SpeedBird cannot be held liable for any delay, loss or improper distribution of an email, or for its dispatch or not to an erroneous address.
- INTELLECTUAL PROPERTY RIGHTS
SpeedBird sells Prints of photographs, via its Website, that are generally taken in the scope of press reports and for which it previously purchased the broadcasting and marketing rights, or which are vintage or in the public domain.
The Customer is hereby informed that the Prints are marketed solely for private purposes, within their family circle. The Customer therefore undertakes not to digitalize the Prints or reproduce them by any means whatsoever, subject to the rules applicable to private copying. The Customer undertakes not to use the Prints for any other purpose, whether public, commercial, or non-commercial.
The Customer undertakes not to resell the Prints in any way that may directly or indirectly compete with SpeedBird’s business.
SpeedBird does not provide any guarantee whatsoever (in particular, any availability guarantee or any hold harmless clause) in respect of the use of the Prints (and the photographs reproduced) by Customers other than for private purposes (in particular for commercial or advertising purposes).
Any use of the Prints by Customers other than for private purposes may incur their liability for copyright infringement. SpeedBird reserves the right to sanction any use of the Prints for purposes not consistent with these T&Cs
SpeedBird is the exclusive owner of the intellectual property rights pertaining to the Prints.
"SpeedBird" is a registered trademark, owned by SpeedBird. Nothing in these T&Cs can be construed as a transfer of intellectual property rights over the “SpeedBird” trademark to a Customer.
The Website and all the material of which it is composed (texts, photographs, videos and sounds) are protected by intellectual property laws and are the exclusive property of SpeedBird. The reproduction or representation thereof is prohibited, subject to the exceptions provided for by the law in force.
- PERSONAL DATA PROTECTION
- APPLICABLE LAW
The Agreement is governed by French law.
In accordance with Article L. 211-3 of the French Consumer Code, consumers have the right to consult a Consumer Ombudsman free of charge with a view to the amicable settlement of a dispute with a professional.
SpeedBird therefore guarantees to Customers the effective use of a consumer mediation
service, in accordance with Article L. 611-1 et seq. of the French Consumer Code. Customers may refer
to any dispute resolution body of their choice whose contact details are listed on the European Commission’s website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
* * *
REMINDER OF LEGAL PROVISIONS GOVERNING WARRANTIES
- Statutory warranty of conformity
Article L.217-4 of the French Consumer Code (Code de la consummation):
"The seller must deliver goods which are in conformity with the contract. The seller is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation, if the latter was its responsibility under the contract or was carried out under its responsibility.”
Article L.217-5 of the French Consumer Code:
"The goods comply with the contract:
1) if they are suitable for the use normally expected of similar products and, as applicable:
- if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;
- if they have the qualities that a purchaser can reasonably expect in view of the public statements made by the seller, the manufacturer or its representative, particularly as regards advertising or labelling.
2) or if they have the characteristics defined by mutual agreement between the parties or are suitable for any specific use required by the purchaser, which was brought to the seller’s attention and that the seller accepted.”
Article L.217-12 of the French Consumer Code:
"The statute of limitation for any legal action prompted by lack of conformity is two years as from delivery of the goods.”
- Statutory warranty against latent defects
Article 1641 of the French Civil Code (Code civil):
“A seller is bound to a guarantee against the latent defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had he or she been aware of the defects.”
Article 1648, 1st paragraph of the French Civil Code:
“Any legal action prompted by latent defects must be brought by the purchaser within a period of two years as from the discovery of the defects.”
TEMPLATE ORDER CANCELLATION FORM
The purpose of this form is to enable you to exercise your right to cancel one or more Prints purchased on the website www.speedbirdphotovintage.com. There is no obligation to use this form and you can exercise your cancellation right by any other means stating clearly and unambiguously your wish to cancel.
You can therefore complete and return this form if you wish to cancel your order placed on the website www.speedbirdphotovintage.com, subject to the cases of exclusion or restrictions to the exercise of your cancellation right set out in SpeedBird’s T&Cs.
In any case, the cancellation request must be sent to the following address:
SPEEDBIRD Productions & Consulting
Avenue Mgr Maurice Plano
7 Lotissement de la Tour
I hereby inform SpeedBird that I exercise my right to cancel all or part of the following order:
Order date: ………………………………………………………………………
Order received on: ……………………………………………………………….
Order number: ……………………………………………………….
Customer name: …………………………………………………………
Customer address: ……………………………………………………….
Reason (optional): …………………………………………………………………….
Customer signature (if sent on paper):