Terms and conditions

ARTICLE 1. SCOPE OF THE GENERAL CONDITIONS

These general terms and conditions of sale (hereinafter “GTC”) apply without restriction or reservation to all online sales offered on the website www.Une image pour rêver.fr (hereinafter “the Site”).
The Site is operated by the company “Une image pour rêver”, SAS registered with the RCS of Nanterre under number 931 421 184, whose registered office is located at 24 rue Maurice Berteaux – 92700 Colombes. The company can be contacted at this same address – Tel.: (+33) 01 89 70 15 65 and email address: contact@une-image-pour-rever.fr
The Site offers an online service allowing internet users (hereinafter “User” or “Client”) to purchase a limited edition art photograph print – a maximum of 30 copies in all formats (according to agreements made with the photographer) – customizable by selecting the print format and finishes (framing), and accompanied by a certificate of authenticity.
The purpose of these GTC is to define the terms and conditions under which sales and deliveries are made, as well as to define the rights and obligations of the parties in this context.
The GTC are accessible at any time on the Site. They may be subject to modification at any time by Une image pour rêver. The applicable version is the one available on the date of the User’s order.
Each purchase on the Site is governed by the GTC in effect on the date of the order, which the User declares having read and accepted before confirming the order.
The acceptance of the GTC is formalized by a checkbox in the form, which implies full acceptance of these GTC. Conditional acceptance is considered null and void.

ARTICLE 2. USE OF THE SITE

The Site is accessible to any User with the full legal capacity to enter into contracts under these GTC. The Client acknowledges having the required capacity to contract and acquire the Products offered on the Site.
The User guarantees the accuracy and truthfulness of the information provided on the Site.
Une image pour rêver reserves the right to cancel or refuse any order from a User with whom there is an existing dispute related to the payment of a previous order.
The Site is available in both French and English.

ARTICLE 3. ORDERS

Available for order on the Site: numbered art photographs in limited editions, customizable in terms of framing and format choices.
The main features of the photographic prints, including all substantial information required by applicable regulations, such as specifications, illustrations, and size details, are presented on the Site.
For photographic prints, the artist’s biography and the features of the photographs are displayed on the Site. However, while efforts are made for utmost fidelity, the printed photographs may not exactly match what is displayed, particularly regarding colors, which are non-contractual and do not engage the responsibility of Une image pour rêver.
The Client is required to review these details before placing any order.
The selection and purchase of a Product are solely the responsibility of the Client.
The Client must refer to the description of each Product to understand its properties, essential features, and delivery times.
Contractual information is presented in French – and in English for the English version of the Site. Confirmation of this information is provided at the latest upon order validation by the Client.
The offers for photographic prints and prices are valid as long as they are visible on the Site and within the limit of the stated number of prints.
In the event of unavailability after an order has been placed – due to reaching the maximum number of prints – the User will be informed by email or letter as soon as possible. In such a case, it will be possible either to order another item or to request a refund of the paid price.
In the case of multiple clients ordering at the same time, priority will be given to the first orders received, and later orders will be informed accordingly.
The photographic prints are customizable in framing and format choice, as presented on the Site.

Order Placement Process

When placing an order, after consulting the photograph’s presentation sheet, the User can choose the format and finishes, then add it to the cart. In the cart screen, they can delete an item or adjust the quantity.
A summary screen of the order will then open,
The Client can either log into their existing account or create a new one. Next, they provide billing and shipping details.
The Client chooses the delivery method (by carrier or collection at the laboratory in Boulogne Billancourt, France) and the payment method.
The Client will then have an overview of their order, delivery, and the total price. It is their responsibility to check the accuracy of the order and correct any errors before validating the order.
An order on the Site is registered when the Client accepts these GTC by checking the box provided and validating their order. This validation implies acceptance of the entirety of these GTC and the Site’s general terms of use.
The validated order will only be confirmed by Une image pour rêver after payment has been validated by the payment system AXEPTA from BNP PARIBAS or PAYPAL.
In case of payment refusal, the order will be automatically canceled, and the Client will be notified by email.
After the Client receives a confirmation email from Une image pour rêver accepting the order, the sale becomes final.
Any order placed on the Site, validated by the Client, and confirmed by Une image pour rêver, under the conditions and in the manner described above, constitutes the formation of a remote contract between the Client and Une image pour rêver.
Unless proven otherwise, the data recorded in the Site’s computer system serves as proof of all transactions concluded with the Client.

ARTICLE 4. SALE PRICE AND PAYMENT METHODS

The prices listed on the Site are those applicable on the date the order is placed. They are expressed in euros, including value-added tax (VAT).
Delivery fees are also listed in euros, including VAT.
The prices stated in the order summary and in the order confirmation constitute the final prices and fees, including all taxes.
However, outside the European Union and in the French overseas territories (DOM-TOM), customs duties or other local taxes, import duties, or state taxes may be required and may be billed to the User upon delivery, in addition to the price paid. These duties and amounts are not under the control of Une image pour rêver. They are the responsibility of the User and fall entirely under their responsibility concerning declarations and payments to the competent authorities and bodies of the delivery country.
Une image pour rêver reserves the right to modify its prices at any time. Price changes will not apply to orders already being processed.
The total price and delivery fees are payable online at the time of the order.
The accepted payment methods are as follows: Carte Bleue, Visa, Mastercard, PayPal account.
Payment is secured through SSL encryption technology. All banking information is fully protected and encrypted before transmission to the processing center.
The data recorded by the payment systems Axepta from BNP PARIBAS or Paypal serve as proof of financial transactions.

ARTICLE 5. DELIVERY AND RECEIPT

The production and delivery times for prints mentioned on the Site and/or in the order confirmation are indicative. They depend on the requested print size, chosen finish, and delivery method.
Une image pour rêver undertakes to produce and deliver the prints within a maximum of 30 business days, starting from the day after the order confirmation by email.

Depending on the choice made by the Client when placing the order, the order will be:

• either delivered to the address indicated in the order, by an independent carrier
• or available for pickup at the partner “INITIAL Labo”, 62 Avenue Jean Baptiste Clément, 92100 BOULOGNE BILLANCOURT. To do so, the “laboratory pickup” option must be selected.

An automatic email will be sent to the Client after payment confirmation to indicate that the order has been processed and is in production.
Once the order is completed, an email will be sent to the client specifying the delivery date, the carrier’s name, and the tracking number on the carrier’s website.
Finally, the carrier will send a notification by SMS.
In case of absence of the recipient or someone authorized to receive the delivery, the carrier will send a message to the Client to propose rescheduling the delivery date to the delivery address.

Une image pour rêver’s liability cannot be engaged in the event of a late collection of said prints from the carrier or in the event of non-collection of prints from the laboratory by the Client.
In this respect, it is specified that for orders with laboratory pickup, the Client has a period of 1 month after being notified of the order’s availability to collect it. If the Client fails to collect it within this period, the order will be canceled, and the sums previously paid will be retained by Une image pour rêver as compensation. After this period, the Client cannot claim a refund or re-delivery of the order.
When a non-consumer or professional Client refuses to accept the order, Une image pour rêver will be entitled to place the order in storage at the Client’s expense and to claim reimbursement for transport costs, it being specified that Une image pour rêver will be entitled to terminate the contract and proceed with the resale of the order, without prejudice to the right to seek damages for the prejudice suffered.
Deliveries are carried out by an independent carrier, to the address specified by the Client when ordering, and which the carrier can easily access. The Client thus acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against Une image pour rêver in case of non-delivery of the transported goods.

Upon receipt of the order, the Client is required to check the number of parcels delivered, their condition, and their contents, in the presence of the delivery person. If the Client finds that the prints have been damaged during transport, they must refuse the parcels by specifying the reasons for the refusal or, if accepting the delivery, by clearly noting precise and complete remarks on the delivery note (the mention “subject to verification” has no value and should not be used). Such remarks or claims for non-conformity or apparent defects in the delivered prints must be confirmed in writing within five (5) days of delivery, with all relevant supporting evidence (photos, in particular). Failing this, and if these formalities are not complied with, the delivered prints will be deemed conforming and free from any apparent defect, and no claim will be validly accepted by Une image pour rêver. Une image pour rêver will refund or replace, as soon as possible and at its own expense, the prints delivered with proven non-conformities or apparent defects, under the conditions provided for in these Terms and Conditions.
It is recalled that the absence of reservations made by the Client upon delivery of the prints does not exempt Une image pour rêver from the conformity warranty, as described below.

ARTICLE 6. RIGHT OF WITHDRAWAL

Article L221-18 of the Consumer Code grants consumers a right of withdrawal of 14 days for contracts concluded at a distance. In the event of exercising the right of withdrawal, return costs will be exclusively borne by the client.
However, Article L 221–28 of the Consumer Code excludes the application of the right of withdrawal to the supply of goods made to the consumer’s specifications or clearly personalized.
As all orders placed on the Site are customized by the Client, the Client’s attention is drawn to the fact that the right of withdrawal does not apply.

ARTICLE 7. WARRANTY AND SERVICE QUALITY

The Client benefits from the legal warranty against hidden defects provided by Articles 1641 and following of the Civil Code. Additionally, the non-professional (consumer) Client benefits from the legal conformity warranty as stipulated by Articles L. 217-4 and following of the Consumer Code.
The Client is informed that Une image pour rêver is responsible for ensuring conformity with the contract within the framework of these two legal warranties.
The consumer has a period of two years from the delivery of the product to invoke the legal conformity warranty in case of a conformity defect. During this period, the consumer only needs to prove the existence of the conformity defect and not the date of its appearance.
When the sales contract of the good provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal warranty is applicable to this digital content or digital service throughout the provision period. During this period, the consumer only needs to prove the existence of the conformity defect affecting the digital content or service, not the date of its appearance.
The legal conformity warranty requires the professional, if applicable, to provide all necessary updates to maintain the conformity of the good.
The legal conformity warranty gives the consumer the right to have the good repaired or replaced within thirty days of their request, free of charge and without major inconvenience.
If the good is repaired under the legal conformity warranty, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests repair but the seller imposes replacement, the legal conformity warranty is renewed for two years from the date of replacement.
The consumer may obtain a price reduction while keeping the product or terminate the contract with a full refund in exchange for returning the product if:
1° The professional refuses to repair or replace the product;
2° Repair or replacement of the product occurs after thirty days;
3° Repair or replacement of the product causes major inconvenience to the consumer, notably if the consumer permanently bears the cost of retrieving or removing the non-conforming product, or if they bear the costs of installing the repaired or replaced product;
4° The non-conformity persists despite the seller’s attempt to rectify it.
The consumer also has the right to a price reduction or termination of the contract when the defect is so severe that it justifies immediate action. The consumer is not obliged to request repair or replacement first.
The consumer is not entitled to terminate the sale if the non-conformity is minor.
Any immobilization period of the product for repair or replacement suspends the warranty until the delivery of the repaired product.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal conformity warranty in bad faith risks a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from discovering the defect. This warranty entitles the consumer to a price reduction if the product is retained or a full refund in exchange for the product.
Une image-pour-rêver.fr is committed to delivering a photographic print in accordance with industry standards and based on

the specifications of the order confirmed by email.
If the Client considers the order to be non-compliant, they have a period of two years from the delivery of the product to submit a claim by email at contact@une-image-pour-rever.fr, or by mail to the following address: 24 rue Maurice Berteaux – 92700 Colombes, and return the non-compliant prints. A replacement print will be delivered to the Client. If the replacement print is unavailable within 30 days, the Client may choose either a full refund for the non-compliant print or to keep the non-compliant prints in exchange for a price reduction, the amount of which will be determined on a case-by-case basis.
Any claim of non-compliance that does not adhere to the defined rules above and within the specified deadlines will not be considered by Une image pour rêver.

Une image pour rêver’s liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the prints are delivered, which it is the Client’s responsibility to verify before placing the order,
• in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as in cases of normal wear of the Product, accident, or force majeure.

ARTICLE 8. LIABILITY

Use of the Site implies knowledge and acceptance of the characteristics and limitations of the internet, particularly concerning technical performance, response times for consulting and transferring information, and the risks inherent in any connection and transmission on the internet.
Furthermore, the Site may be temporarily inaccessible, modified, suspended, or interrupted for maintenance needs, interventions on the Site or the internet network, or due to other events or disruptions beyond the control of Une image pour rêver.
As a result, in the absence of any fault on its part, Une image pour rêver cannot be held liable for any damage potentially suffered by a User, whether direct or indirect losses or damages resulting from such events, actions attributable to a third party, or the use of equipment that does not comply with the service’s specifications.
Concerning non-consumer or professional clients, Une image pour rêver cannot be held liable for any direct or indirect damage, including but not limited to loss of profit, customer base, data, or any other loss of tangible or intangible property that may arise, particularly in the following cases: use or inability to use the Site, use or inability to use the photographic prints created by Une image pour rêver due to a transaction with a third party when using the Une-image-pour-rever.fr service, or unauthorized use of the online printing service. If the liability of Une image pour rêver is recognized for a delivered order, the maximum amount of compensation shall in no case exceed the price paid for the order in question.

ARTICLE 9. FORCE MAJEURE

The existence of a force majeure event may suspend the execution of the contract or, if it is definitive, lead to the termination of the sale. Explicitly, force majeure or fortuitous events are those usually recognized by the French courts and tribunals, being an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the contract’s conclusion and whose effects cannot be avoided by appropriate measures. The party invoking force majeure must immediately notify the other party of its occurrence, as well as its disappearance.

ARTICLE 10. TERMINATION

The Client may terminate their registration on the Site and close their account at any time. They can request this directly from their account (under the “My Details” section) or send a termination request to the Une image pour rêver Service, whose contact information is listed in the preamble.
In the event of the Client’s breach of any of their contractual obligations, particularly in the case of a payment issue, Une image pour rêver reserves the right to suspend the Client’s access to the Site and Une image pour rêver’s services or even terminate their account, depending on the severity of the breach(s). Une image pour rêver reserves the right to refuse any order from a Client with whom there is an existing dispute.

ARTICLE 11. INTELLECTUAL PROPERTY

The content of the Site is the property of Une image pour rêver and its partners and is protected by French and international intellectual property laws. All texts, comments, works, illustrations, works of art, and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property rights for their entire duration and worldwide.
As such, and in accordance with the French Intellectual Property Code, only private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction, representation, modification, or adaptation of this content is strictly prohibited and may constitute an infringement.
Likewise, the rights to the photographic print purchased by the Client are strictly limited to private use, excluding any rights of representation and reproduction. The artist retains copyright on their creation.

ARTICLE 12. PERSONAL DATA PROTECTION – DATA SECURITY

Data Security

Personal information entrusted to Une image pour rêver is stored on secure servers provided by our hosting provider, OVH (excluding banking data). Access to this information is protected and limited to order registration and processing operations, statistical operations aimed at improving our services, and services such as newsletters, photo alerts, referrals to a friend, or sponsorship.
When placing an order on the Site, bank details are entered directly on the secure server of AXEPTA by BNP PARIBAS or PAYPAL. Banking data is encrypted (SSL technology, Secure Socket Layer). It does not circulate in plain text on the internet and cannot be intercepted. Une image pour rêver does not have access to the banking information.

ARTICLE 13. APPLICABLE LAW – DISPUTES

These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded under these General Terms and Conditions of Sale may give rise, regarding their validity, interpretation, performance, termination, consequences, and aftermath, and which cannot be resolved between the parties, will be submitted to the competent courts under common law conditions.
The consumer client is informed that they may in any case resort to conventional mediation.
Une image pour rêver is a member of the CM2C E-commerce Mediation Service (Consumer Mediation Center of Justice Conciliators), whose contact details are as follows: 49, rue de Ponthieu – 75008 Paris – https://www.cm2c.net/contact.php. After prior written steps by consumers toward Une image pour rêver, the Mediation Service can be contacted for any unresolved consumer dispute.
If the dispute must be brought before the courts, it is recalled that under Article L 141-5 of the Consumer Code: the consumer may bring an action, at their choice, in addition to one of the territorially competent jurisdictions under the Civil Procedure Code, to the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.
It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent extrajudicial resolution of online disputes between consumers and professionals in the European Union.
For non-consumer or professional clients, exclusive jurisdiction is granted to the commercial court within the jurisdiction of the registered office of Une image pour rêver.

ARTICLE 14. PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE

The Client acknowledges having been informed by Une image pour rêver, in a clear and understandable manner, by making these General Terms and Conditions available, prior to making an immediate purchase or placing an order, and in accordance with Article L 221-5 of the Consumer Code:

• of the essential characteristics of the photographic prints, including specifications, illustrations, and dimensions enabling the Client to purchase the prints with full knowledge. The photographs and graphics presented are not contractual and cannot engage the responsibility of Une image pour rêver. The Client is required to refer to the description of each print to know its properties and essential characteristics;
• of the price of the prints and any ancillary fees, or, in the absence of a price, of any advantage provided in lieu of or in addition to it and the nature of this advantage;
• of the terms of payment, delivery, and performance of the sales contract;
• if the sale is not to be performed immediately, of the delivery timelines for the ordered prints;
• of the identity of Une image pour rêver and all its contact information;
• of the existence and terms of the implementation of guarantees (legal guarantee of conformity, guarantee for hidden defects) and, if applicable, after-sales service;
• of the possibility of resorting to consumer mediation, with the contact details included in these General Terms and Conditions, as provided by the Consumer Code;
• of the right of withdrawal (existence, conditions, deadline, terms of exercise of this right), termination conditions, handling of complaints, and other important contractual conditions;
• of the accepted payment methods.

By ordering on the Site, the Client fully accepts and adheres to these General Terms and Conditions and agrees to pay for the ordered Products, which is expressly acknowledged by the Client, who waives the right to rely on any contradictory document, which would be inapplicable to Une image pour rêver.