Terms of sale
Muriel Collard - Photographer
Version Nr02 - 2021/04/01  [Version 2024: under modification]
The present terms of sale detail the contractual relationship between the seller (Muriel Collard / Eilluss, author-photographer) and her buyers (web customers), in the framework of the online sale of her own art photographies on her dedicated website: www.eilluss.com
Muriel Collard / Eilluss, author-photographer :
French society SIREN number: 510714827
French activity APE/NAF code: 9003B
EU VAT number: FR 05 510714827
Address: 14 rue du Mont Vallier, 31750 ESCALQUENS (France)
Contact: please fill in the Contact page on the home page.
Article 1: General provisions
The photographs presented on the website are the original works of the photographer Muriel Collard. The prints offered for sale are made by a professional laboratory in Toulouse (France). They are carefully checked, numbered and signed by the author, and are delivered with their certificate of authenticity.
Any order implies the acceptance without reserve of the buyer to these Terms of Sale. The purchaser acknowledges having received the necessary information ensuring the adequacy of the offer to its needs. It declares to be in full possession of its means which allows him to contract the present document of sale in all conscience.
The seller reserves the right to modify the present Terms of Sale at any time. Each new version will be updated, dated and numbered. For the client, the version that concern him during a purchase will be the one that is current at the time of the order validation, and will also be detailed on the invoice.
Article 2: Products and services
The photographs of art offered for sale are presented in the section Collections of the website. The pictures representing the products are not contractual. Also, the seller's liability cannot be incurred if some errors or differences appear.
Each photographic print is executed on demand when ordering. Therefore, there is no stock available. The number of art print of a photographic work is limited to 30 copies by the French law. For each photograph, the number of copies published and the number of copies remaining for sale are listed on the detailed sheet. Each photography that is no longer available is listed on the website as Sold out.
All images and texts on the website are the exclusive property of the seller in respect of copyright and intellectual property, and for the whole world. Their reproduction, even partial, is strictly forbidden without the written agreement of their author.
Article 3: Price and validity of offers
The Collections section of the website indicates prices in EUROS all taxes included, excluding delivery costs. The amount of VAT is specified in the summary of purchases, in the Basket section. The delivery costs are indicated at the end of the selection. They are flat and depend on the country of delivery.
The seller reserves the right to modify the prices of its products at any time. Nevertheless, the products ordered are invoiced at the rate available at the time of the order validation. They are shown on the order confirmation email received by the customer.
When a product is no longer offered for sale, the words "Sold out" is shown on its detailed sheet.
No rebate or discount will be granted.
Article 4: Online order
Before validating his order, it is routinely offered to the customer to check each of its elements. Then he can correct his errors, by adding or removing an article. The customer validates his order when he clicked on "Validate" at the bottom of the page Summary of your order, and after having accepted the present Terms of Sale by ticking the box provided for this purpose.
The seller confirms the order by a return e-mail. This document contains in particular all the elements of the command, as well as the Terms of Sale.
The data recorded by the seller constitute proof of the nature, content and date of the order. They are archived by his care in accordance with the current legal conditions and deadlines. The client can access to his information by contacting the seller.
In the case of a technical error beyond our control, the sale is cancelled as of right.
Article 5: Payment
Purchases are payable in full at the online command.
The payment is made by credit card, via a banking secure payment platform (Caisse d'Epargne – France), except in case of force majeure (contact the seller).
The bank cards issued by banks domiciled outside France must be international cards (such as Visa, Mastercard, etc.). It is important to note that the seller has at no time access to banking data of the customer. Only banking institutions are the custodians.
If the actual payment of the sale may not be effective for any reason (error, denial of credit card...) the entire order is automatically cancelled as of right.
Article 6: Withdrawal period
The articles offered for sale, as fine art prints of photographic works, are made on demand for each customer. Also, in accordance with Article L121-20-2 of the French Consumer Code, in this case, there is no withdrawal period.
Article 7: Terms of delivery
The works of art acquired by the buyer are packed with care, so that they reach the customer in perfect condition. The "photographic print laminated on Dibond" is supplied packed in a reinforced cardboard lined with polystyrene. The client must check the general condition outside of the package at the receipt and indicate any eventual trouble before signing the delivery note. Any defects found on the package must be indicated at this time, in accordance with the rules of liability imposed by the transporter. In fact, the transport company is the only responsible for the good delivery of the package.
The delivery time depends on the destination country of the package whose delivery address was specified at the order time: it is indicated in the confirmation email sent to the customer). The average delivery time of the work is approximately 3 weeks from the date of the order. In relation to the transport period, the transporter remains the only guarantor. The seller shall in no event be held liable for any delays or non-delivery of the package. However, the seller will make every effort to satisfy his client.
Article 8: Guarantees
If the artwork received contains hidden defects or is not match the choice he made when ordering, the customer has a return period of 7 working days following the receipt of the package. The shipping expenses incurred will then be reimbursed. Upon receipt and destruction of non-compliant items, a new print of the same number of artwork will be performed and then sent back to the customer.
Article 9: Complaints
In the event of a claim, the buyer can send an email to the seller through the Contact page of the website, stating his name, his country of residence, his email, as well as the subject of the message.
Article 10: Protection of personal data
The customer has a right of access, rectification or opposition to personal data concerning them, according to the French law Data protections and civil Liberties. Adherence to those Terms of Sale leads to accept the use of those data for the completion of this contract.
Article 11: Intellectual property rights
The brands, domain names, products, images, texts, videos, software, and any other element subject to the Right of the intellectual property present on the website are and remain the exclusive property of their author, Muriel Collard, who remains full owner of the copyright on her creations.
According to the French law, the application of those Terms of Sale does not imply any transfer of intellectual property rights. Any reproduction, exhibition or representation, even partial is strictly forbidden, without prior agreement of the author. Also, only a private use of the photographic works acquired by the client is granted.
Article 12: Reserve of property
The goods sold remain the property of the seller until their complete payment. Then, they become the property of the buyer who shall assume full responsibility up to their taking of physical possession.
Article 13: Case of force majeure
In accordance with the French Civil Code, the seller cannot be held responsible for any delay in processing the order in case of force majeure (strike, disaster, inability to work of the seller...). The customer would then be informed immediately.
Article 14: Invalidity and amendment of the contract
Any amendment to this contract is valid only after a written agreement between the two parties. If an element of the present contract is cancelled, all other elements retain their full validity.
Article 15: Applicable law
This contract is suscribded in the French language and subject to French Law. A version of those Terms of Sale is, however, proposed in the English language, as an advisory basis, for non-French-speaking customers. Nevertheless, in the event of legal disagreement, the French courts will be only competent.
Article 16: Important recommendations
According to the French Code of Intellectual Property, the owner of a signed art work must ensure the preservation in good conditions and shall not in any case destroy it. If a destruction occurs, the owner of the artwork agrees to inform the author as soon as possible.
Several environmental factors may affect the correct conservation of the photographic works (temperature, humidity, light, pollution, manipulation...). Also, it is recommended not to expose to direct or intensive light, or to variations of temperature and humidity (or excess), or noxious fumes. It is also advisable to handle them with great care, avoiding direct contact with hands which may cause irreversible traces (use of appropriated gloves is recommended).  
© Eilluss 2016-2024   ⅼ   Update: 10 Dec 2020