Updated 08/05/2024

Terms and conditions of sale

Sale of works of art online
to private individuals

These general terms and conditions of sale apply to all sales concluded on the misspfeiffer.com website - Sandra Pfeiffer Photography (owner Sandra Pfeiffer E.I.).

e-mail : hello@misspfeiffer.com

The misspfeiffer.com website sells the following products:

Photographic works of art in Print on FineArt paper.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions constitute the complete set of obligations between the parties. By making a purchase, the buyer is considered to have accepted these terms without reservation. They apply exclusively to all transactions, superseding any other terms, including those relevant to gallery sales or other distribution channels. Accessible on the misspfeiffer.com website, they take precedence over any other version or conflicting document. Both the seller and the buyer acknowledge that these terms exclusively govern their relationship. The seller reserves the right to update these terms periodically, with the updated version taking effect upon publication. In the event of any omission in the terms, the practices prevailing in the French distance selling sector would apply. These terms are effective from 07/05/2024.

Article 2 - Content

The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the misspfeiffer.com - Sandra Pfeiffer Photography website.
The present conditions only apply to purchases made on the misspfeiffer.com website and delivered in France or abroad.

Article 3 - Pre-contractual information

Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

The following information shall be provided to the purchaser in a clear and comprehensible manner:

• the essential characteristics of the goods;

• the price of the goods and/or the method of calculating the price;

• where applicable, any additional transport, delivery or postage charges and any other charges payable;

• if the contract is not to be performed immediately

• the date or time by which the seller undertakes to deliver the goods, regardless of price;

• information relating to the identity of the seller, its postal, telephone or electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

Article 4 - Ordering

The buyer may place an order online, using the "Store" section of the navigation menu.
The buyer will be informed of any unavailability of the product or good ordered. For the order to be validated, the buyer must choose the delivery address and method, and finally validate the method of payment.

The sale will be considered final:

• after the seller has sent the buyer confirmation of acceptance of the order by e-mail;

• and after the seller has collected the full price.

Placing an order signifies the buyer's agreement to the prices and product descriptions as stated for sale. Any disagreement regarding this matter will be addressed within the framework of potential exchanges and the guarantees outlined below. In specific instances, such as non-payment, an incorrect address, or any issues with the buyer's account, the seller retains the right to withhold processing the buyer's order until the matter is resolved. For inquiries regarding order tracking, the buyer can reach out to the seller through the contact form or by sending a message to the email address: hello@misspfeiffer.com

Article 5 - Electronic signature

The online submission of the purchaser's bank card number and the final confirmation of the order serve as evidence of the purchaser's agreement:

• that the sums due under the order form are payable;

• that all operations carried out have been signed and expressly accepted.
  

In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this is discovered, to contact the seller via the contact form or by e-mail at hello@misspfeiffer.com.

Article 6 - Order confirmation

The seller will provide the buyer with an order confirmation by e-mail.

Article 7 - Proof of transaction

The computerised registers, maintained within the seller's computer systems under reasonable security measures, will be deemed as evidence of the communications, orders, and payments exchanged between the parties. Order forms and invoices are stored on a reliable and durable medium, serving as verifiable proof.

Article 8 - Product information

The terms and conditions outlined here pertain to products featured on the seller's website and indicated as available for sale and shipment by the seller. These products are offered subject to availability. They are described and presented with utmost accuracy. However, the seller cannot be held responsible for any errors or omissions in this presentation.

The images displayed on the website, as perceived by the buyer (which may vary across different screens), do not constitute a strict contractual agreement. Nevertheless, the seller is committed to delivering photographic prints that faithfully represent the display on the seller's calibrated digital screen and align with the colorimetry standards (paper/ink) of the professional print laboratory.

Article 9 - Prices

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date. Prices are given in euros.

They do not include delivery charges, which are invoiced in addition and indicated before the order is validated.

Article 10 - Method of payment

This order entails a payment obligation, indicating that placing the order requires payment from the buyer. The purchaser can select from various payment methods provided by the seller and listed on the seller's website. The purchaser assures the seller of having the necessary authorisations to utilise the chosen payment method upon validating the order form.

The seller retains the right to suspend any order processing and delivery if payment authorisation by bank card is declined by officially accredited bodies or in case of non-payment. Specifically, the seller reserves the right to decline delivery or fulfil an order from a buyer who has not fully or partially paid for a previous order or is involved in a payment dispute.

Payment of the price shall be made in full on the day the order is placed, using the following methods:

By credit card, using the Stripe payment platform.

Sensitive credit card information is stored on the Stripe platform, and in no way on the misspfeiffer.com - Sandra Pfeiffer Photography site.

Article 11 - Product availability-Refunds-Resolution

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, at the top of the screen, the delivery times will be, within the limit of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation email.

For deliveries within mainland France, the delivery period is 10 working days from the day after the order is placed by the buyer. For deliveries to other destinations, the delivery period extends up to 30 working days.

Smaller prints consistently have a shorter delivery duration compared to larger formats, irrespective of the delivery destination. The seller will provide the buyer with regular updates on the print process, as well as dispatch and delivery status.

Please note regarding Delivery times

The estimated production and delivery times provided on the Site and/or in the order confirmation serve as informative guidelines only. Nonetheless, Sandra Pfeiffer Photography commits to producing and delivering the artworks within a maximum of 60 working days from the day following email confirmation of the order.

As per Article L121-20-3 of the French Consumer Code, consumers reserve the right to request a refund of sums paid for the order, subject to the conditions outlined in Articles L114-1 and L121-20-1 of the same code, except in cases of force majeure.

In the event of non-compliance with the agreed delivery date or delivery period, the purchaser must, before terminating the contract, require the seller to perform within a reasonable additional period. If the seller fails to fulfil its obligations by the end of this new period, the buyer may freely terminate the contract. The purchaser must complete these successive formalities by e-mail, by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract will be deemed to have been terminated on receipt by the seller of the letter or written document informing it of this termination, unless the professional has performed in the meantime. The purchaser may, however, cancel the contract immediately if he considers the dates or deadlines referred to above to be an essential condition of the contract. In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled. If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

Article 12 - Delivery terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered in accordance with the terms and conditions and within the specified period outlined above. Deliveries are made to the address provided by the purchaser on the order form; it is the purchaser's responsibility to ensure the accuracy of this address.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. The purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the purchaser to collect the parcel at the place and time indicated.

The words "subject to unpacking" are not acceptable. If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged). The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.). This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The purchaser must then confirm these reservations to the carrier by registered letter within two working days of receiving the item(s) at the latest, and send a copy of this letter by e-mail or post to the seller at the address given in the site's legal notice.

If the products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery (France) or 30 days (international). Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, documents, etc.).

Article 13 - Delivery errors

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

In the event of fraudulent use of a bank card, the purchaser is invited, as soon as this is discovered, to contact the seller via the contact form or by e-mail at hello@misspfeiffer.com.

Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the buyer.

On receipt of the claim, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging.

The cost of returning the goods shall be borne by the seller.

Article 14 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or reimbursement without penalty, with the exception of the return costs which remain the responsibility of the purchaser. This period is extended to 30 days for international deliveries due to delivery times and possible delays.

Returned items must be in their original condition and complete, including packaging, accessories, documents, etc., to be eligible for resale as new. They must also be accompanied by the purchase invoice.

• Items that are damaged, soiled, or incomplete are not eligible for return.

• Personalised prints, such as those custom-made for the buyer (e.g., made-to-measure) or signed with personalised text, cannot be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs, if these were paid for by the purchaser at the time the order was placed, will be reimbursed.

The cost of returning the goods shall be borne by the purchaser.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above, 30 days for international deliveries.

Article 15 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 16 - Intellectual property

The content of the misspfeiffer.com website - Sandra Pfeiffer Photography remains the property of the seller & artist Sandra Pfeiffer, the sole owner of the intellectual property rights to this content (unless indicated otherwise).

Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 17 - Data protection

The nominative data provided by the purchaser is required to process his/her order and to draw up invoices. It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the misspfeiffer.com website - Sandra Pfeiffer Photography has been declared to the CNIL (English: National Commission on Informatics and Liberty).

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the conditions and according to the procedures defined on the misspfeiffer.com website - Sandra Pfeiffer Photography

Article 18 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 19 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 20 - Language of the contract

These general terms and conditions of sale are written in English. In the event that they are translated into one or more foreign languages, only the English text will be deemed authentic in the event of a dispute.

Article 21 - Mediation and dispute resolution

The purchaser may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 22 - Applicable law

These general terms and conditions are subject to French law. The competent court is the court of law. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.