General terms and conditions of sale
The photos and/or texts presented on this site are not free of rights.
The following conditions formally bind the signatories of this assignment contract. Each of the signatories declares that they have the necessary powers of representation.
Ownership of this Website: Fabrice SIMON is the owner and operator of this website.
All content produced or made available on this website, including, but not limited to, text, graphics, photographs, (hereinafter "Content") is the property of https://www.fabricesimon.com and the content providers.
All elements, photos and/or text on the https://www.fabricesimon.com website, including, but not limited to, the general design and the Content, are protected by patents, copyrights, trademarks or other intellectual property laws. Except as expressly permitted under this or another agreement with https://www.fabricesimon.com or one of its partners, no part or element of this website or its Content may be copied or retransmitted by any means, and this website, its Content and all related rights shall remain the exclusive property of https://www.fabricesimon.com or its licensees, except as otherwise expressly provided.
You shall indemnify https://www.fabricesimon.com, its affiliates, and its licensees from and against any and all losses, expenses, costs, damages and interest incurred as a result of your breach of this Agreement or your unauthorized use of the Content and the rights thereto.
When a license is granted by https://www.fabricesimon.com, the use of the image is specified in the invoice and may not be used for any other purpose without permission from https://www.fabricesimon.com. The license specifies the type of media, the language and territories and the time of use permitted. A license granted by https://www.fabricesimon.com does not constitute a declaration of compatibility of use of this image with other contents. Any misappropriation will result in the termination of the download contract and the initiation of legal proceedings before the competent legal authorities.
Article 1 - Rates
Any license to use an image is subject to a fee. The cost is based on the definition of the use of the image. It will be calculated by criteria such as the number of copies, the type of media, the size of the reproduction, the territories of distribution and whether the requested use is exclusive or not. https://www.fabricesimon.com calculates the cost based on the information provided by the licensee. False information could lead to an overcharge in relation to the established contract and may even lead to the cancellation of the contract.
Article 2 - Credits
For any publication of a licensed photograph, the name https://www.fabricesimon.com must be credited for any reproduction of his work. The credit line must contain "https://www.fabricesimon.com". The preferred location for the credit is on the side of the image or in the acknowledgements and photo credits section. For any advertising or commercial use, we ask that the licensee make every effort to include the credit.
Article 3 - Published images
https://www.fabricesimon.com demande de recevoir au moins deux exemplaires de toute publication contenant une reproduction d’image.
Article 4 - Disagreements and complaints
The users of this website accept that the above terms are derived from the article of the commercial code and intellectual property and agree to be bound by them. Any objection to this content must be put in writing within 10 days. The present contract will be interpreted according to the French legislation for contracts made and executed in France. In the event of disputes arising from the present contract or its non-execution, the parties give exclusive jurisdiction to the competent courts of Argentan (61 - Orne - FRANCE).
General terms and conditions of sale
ARTICLE 1 - Purpose
The present general conditions of sale are concluded between: Fabrice SIMON, author photographer, 18 rue du Vivier 61500 SÉES FRANCE
And any natural person wishing to make a purchase via the website https://www.fabricesimon.com.
The present conditions aim to define the terms and conditions of distance selling between Fabrice SIMON and the buyer, from the order to the services, including payment and delivery.
Any order implies the buyer's irrevocable acceptance of these terms and conditions of sale, it being understood that the parties agree that their relationship will be governed exclusively by them, constituting the Contract. Fabrice SIMON reserves the right to adapt or modify at any time the present general conditions of sale. In the event of modification, the general terms and conditions of sale in force on the www.fabricesimon.com website on the date the order is placed by the buyer will be applied.
ARTICLE 2 - Our offer
The products and items offered for sale by Fabrice SIMON are those listed on the www.fabricesimon.com website on the day the buyer consults the site. All offers of products and articles are valid within the limits of available stocks. In the event that a product is unavailable after you have placed your order, Fabrice SIMON undertakes to inform the purchaser and to offer either a new delivery date, or an equivalent replacement product, or a refund of your order.
ARTICLE 3 - Prices
The prices are indicated in Euros including all taxes. These prices include a contribution to shipping costs. The prices take into account the V.A.T. applicable on the day of the order. Fabrice SIMON reserves the right to modify its prices, but undertakes to apply the current rates indicated to the purchaser at the time the order is placed.
ARTICLE 4 - Ordering
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The buyer declares to have read and irrevocably accepted these general conditions of sale before placing the order. The validation of the order is thus worth acceptance of the general conditions of sale.
The buyer must verify the conformity of the information he/she provides, particularly the delivery address. Fabrice SIMON cannot be held responsible for the consequences of any typing errors such as delays or delivery errors. The costs that would result would be charged to the customer.
An email will be sent to the buyer once the order has been registered. This email confirms that the order has been taken into account by Fabrice SIMON.
Possibility of free order collection at various events (festivals, trade shows). However, if, due to any circumstances (health crisis, pandemic, natural disaster), these events cannot take place or if Fabrice SIMON is forbidden to go there (by prefectural decree), the usual delivery charges will be applied.
ARTICLE 5 - Terms of Payment
The price is due at the time of ordering. Fabrice SIMON reserves the right to refuse to make a delivery or to honour an order in the event that the buyer has not fully paid a previous order or with whom a payment dispute is in progress. The products remain the property of Fabrice SIMON until full payment of the order. However, upon receipt of the goods, the risks of the goods delivered are transferred to the buyer.
You can make the payment:
- by bank transfer: Make the payment directly from your bank account. Please use your order number as the payment reference. Your order will not be shipped until the funds are received.
- by bank check: payment by check is only possible in Euros to the order of Fabrice SIMON. The order will be processed after verification of the validity of the payment, the check being cashed immediately. The shipping period starts from the date of validation of the payment.
- by Paypal: The security of the transaction is ensured by Paypal.
- by credit card: The security of the transaction is ensured by Paypal.
ARTICLE 6 - Delivery
The ordered products are delivered to the delivery address that the buyer has indicated on the order form. The orders are sent by La Poste in COLISSIMO. The normal delivery time from the date of shipment of goods is D + 3 working days. Orders are processed on the next working day after the Buyer receives the order confirmation email. These times are given as an indication. However, Fabrice SIMON cannot be held responsible for the consequences of late delivery. Upon receipt of the delivery, it is recommended to check the general condition of the package and its contents in the presence of the deliveryman. If the products were damaged, we advise you to refuse the delivery, we will take care of the settlement of the dispute and we will send you a new product in replacement.
ARTICLE 7 - Right of withdrawal
In accordance with the legislation in force on distance selling, the Buyer has a withdrawal period of seven (7) days from the day following the date of receipt of the package to return the items that do not suit him, to request their exchange or refund. This right of withdrawal is exercised without penalty. However, the return costs remain at the expense of the Buyer. The products must be returned in their original packaging in perfect condition.
No cash on delivery will be accepted.
ARTICLE 9 - Customer file
As personal information is necessary for the processing and delivery of orders and the preparation of invoices, the collection of this information in the context of distance selling is mandatory. This information is strictly confidential and is only intended for Fabrice SIMON.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms the purchaser has a right of access, of modification, correction and suppression of the data relating to it. To exercise this right, the buyer must send a letter to the following address
Fabrice SIMON, author photographer, 18 rue du Vivier 61500 SÉES FRANCE
ARTICLE 10 - Liability
Fabrice SIMON shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular external intrusion or the presence of computer viruses. Furthermore, Fabrice SIMON shall not be held liable for any failure to fulfil its contractual obligations in the event of force majeure or unforeseen circumstances, including but not limited to strikes, fires, disasters, breakdowns and, in general, any event that prevents the proper execution of orders.
ARTICLE 11 - Applicable law - Disputes
The parties agree that the present general conditions of sale are subject to French law. The language of this contract is French. In the event of a dispute, the parties undertake, before any legal action, to seek an amicable solution.
Only the court of Argentan (61 - Orne - FRANCE) will be competent.
© Fabrice SIMON