Clause 1: Purpose and Scope
These General Terms and Conditions of Sale (GTCS) form the basis of the commercial negotiation and are systematically sent or given to each buyer to enable them to place an order.
The General Terms and Conditions of Sale described below detail the rights and obligations of Romain Viktorovich and its customer in connection with the sale of the following goods:
Any acceptance of the quote/purchase order, including the clause "I acknowledge that I have read and accept the general terms and conditions of sale annexed hereto" implies the buyer's unreserved acceptance of these general terms and conditions of sale.
Clause 2: Price
The prices of the goods sold are those in force at the time of the order and are indicated in euros, all taxes included. Therefore, they include the VAT applicable on the day of the order. Please note that shipping costs will be added separately and specified when finalizing your order.
Romain Viktorovich reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was placed.
Clause 3: Rebates and Rebates
The proposed prices include the rebates and rebates that Romain Viktorovitch would have to grant in view of its results or the buyer's assumption of certain services.
Clause 4: Discount
It should be clarified that our commercial policy does not include any discount in case of advance payment. In other words, we are not able to grant any additional discount or deduction on the price of the goods in the event of early payment.
Clause 5: Terms of payment
The payment methods for the payment of orders are as follows:
We have selected these payment methods to provide you with a secure and convenient payment experience. Please note that all information provided during the checkout process will be processed in accordance with the privacy policy established by the General Data Protection Regulation (GDPR) as well as the data protection legislation of the competent jurisdiction, such as the Commission Nationale de l'Informatique et des Libertés (CNIL) in France. If you encounter any difficulties or have any questions regarding payment terms, please do not hesitate to contact our customer service team who will be happy to assist you.
Clause 6: Late payment
In the event of total or partial non-payment of the goods delivered by the due date, the buyer must pay Romain Viktorovich a late payment penalty equal to three times the legal interest rate.
The statutory interest rate is the rate in force on the day the goods are delivered.
This penalty is calculated on the amount of the outstanding amount, including VAT, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment compensation, any sum, including the advance payment, not paid by its due date will automatically result in the payment of a lump sum compensation of EUR 40 due in respect of recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Clause No. 7: Termination clause
If, within fifteen days of the implementation of the "Late payment" clause, the buyer has not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to the right to the award of damages in favour of the company Romain Viktorovitch.
Clause No. 8: Retention of title clause
Romain Viktorovich retains ownership of the goods sold until the full payment of the price, in principal and incidentals. As such, if the buyer is subject to a receivership or judicial liquidation, Romain Viktorovitch reserves the right to claim, within the framework of the insolvency proceedings, the goods sold and remaining unpaid.
Clause 9: Delivery
Delivery is made:
The delivery time indicated when the order is placed is only indicative and is in no way guaranteed.
As a result, any reasonable delay in the delivery of the products shall not result in the buyer being liable to:
The entire transport risk is borne by the buyer.
In the event of goods missing or deteriorated during transport, the buyer must make all necessary reservations on the purchase order upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter addressed to the company.
Clause 10: Force Majeure
Romain Viktorovitch cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause 11: Intellectual Property
Copyright: All content on this website, including photographs, images, illustrations, text and graphics (collectively referred to as "Content"), is protected by copyright laws and is the intellectual property of Romain Viktorovitch or our content providers. The copyright in the Content is owned by the respective rights holders, and all rights are reserved.
Permitted Use: By purchasing our photo books, paintings or any other product containing our photographs, you obtain a personal, non-exclusive right of use for your private use. This means that you may display, share, and enjoy our products for your own use, but you are not permitted to reproduce, distribute, sell, modify, or use them for commercial purposes without our prior written permission.
Copyright: You may not reproduce, copy, scan, photograph, save or create derivative works of the products you have purchased from our website, unless expressly permitted by the copyright law in force in your country or you have obtained our prior written permission.
Trademarks: All trademarks, logos and trade names used on this website are the property of Romain Viktorovitch or their respective owners. You may not use or reproduce any such trademarks, logos, or trade names without our prior written permission or that of the respective owners.
User-Generated Content: If you submit photographs or other user-generated content to us as part of our services, you retain the intellectual property in such content. However, you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, publicly display, and create derivative works of such content in connection with the provision of our services.
Infringement: We respect the intellectual property rights of others and ask that you do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please notify us immediately so that we can take appropriate action.
Changes: We reserve the right to modify or update this intellectual property clause at any time without notice. It is your responsibility to regularly consult our T&Cs for any changes.
Clause 12: Termination
Termination by Customer: You have the right to cancel your order prior to shipment of the products. To do this, you must contact us by e-mail or phone as soon as possible. If your order has already been shipped, you will need to follow our return and refund policy to get a refund or exchange.
Termination by Romain Viktorovich: We reserve the right to terminate your order if:
In the event of termination of your order, we will notify you by email or telephone and refund the amount paid for the affected products, if applicable.
Termination for Legal Reasons: We reserve the right to terminate your order if we are required to do so by law or if requested to do so by a competent authority. In such cases, we will notify you of the termination by email or telephone and refund the amount paid for the affected products, if any.
Effects of Termination: In the event of termination of your order in accordance with the above provisions, you must return the relevant products to us in their original condition, at your own expense, unless otherwise specified by us. Once we have received the returned products, we will issue the refund as soon as possible in accordance with our return and refund policy.
Clause No. 13: Carriage
Delivery Methods: We offer different delivery methods to ship our products, including the services of third-party carriers. The available delivery options will be indicated during the checkout process, and you will be able to choose the one that suits you best. Please note that delivery times and fees may vary depending on the delivery method selected.
Delivery times: We make every effort to meet the delivery times stated when placing your order. However, please note that delivery times may vary depending on various factors such as product availability, logistical constraints, and weather conditions. We cannot guarantee accurate delivery times, but we will do our best to ship your products as soon as possible.
Delivery costs: Delivery costs will be indicated during the checkout process. Charges may vary depending on the delivery method selected, the weight of the products, the delivery destination, and other relevant factors. You will be informed of the delivery costs before finalizing your order.
Tracking Delivery: Whenever possible, we will provide you with a delivery tracking number so that you can track the progress of your package. Please note that tracking information may take some time to update, and delays may occur due to circumstances beyond our control.
Liability for Loss or Damage: We promise to pack our products carefully to prevent damage in transit. However, once the products have been handed over to the carrier, the responsibility for transportation and any damage or loss rests with the carrier. In the event of any damage or loss of products in transit, please contact us immediately so that we can initiate an investigation with the carrier. We will do our best to resolve the issue within the limits of our ability.
If you see any visible damage on the packaging or receive a damaged package, please take clear photos and provide evidence to support the condition of the package. In this case, we may consider a refund or replacement of the damaged product, provided that you have not opened or used the product. Please contact us as soon as possible with the necessary evidence to enable us to process your complaint.
Shipping Address: You are responsible for providing a correct and complete shipping address when placing your order. We will not be held responsible for any delays in delivery or non-delivery of products due to an incorrect or incomplete delivery address provided by you.
Delivery delays: In some cases, delivery delays may occur due to circumstances beyond our control, such as unforeseen events, logistical problems, or transportation disruptions. We will not be held responsible for any delays in delivery caused by such circumstances.
However, if a delay in delivery exceeds 2 weeks (14 days) from the estimated delivery date, we offer you the following options:
Partial Refund: If you wish to keep the order despite the delay, we may give you a partial refund for the original delivery fee paid.
Full refund in case of return: If you prefer to cancel the order due to the delay, we offer you the option to return the products at our expense once they are delivered. Upon receipt of the returned products, we will issue a full refund, including the original delivery costs paid.
Please note that these options only apply if the delivery delay exceeds 2 weeks (14 days) from the original estimated delivery date. To take advantage of these options, please contact us to inform us of your choice.
International Shipping: If you choose to have your products delivered overseas (EU & Europe only), please note that additional fees, such as customs duties, import taxes, or customs clearance fees, may apply. These costs are your responsibility and may vary depending on the customs laws and regulations of the destination country. Please inquire about these charges with your local customs authorities before placing your order.
Clause No. 14: Jurisdiction Clause (or Arbitration Clause) and Applicable Law
Jurisdiction Jurisdiction: Any dispute arising from the interpretation, execution or termination of these T&Cs shall be subject to the exclusive jurisdiction of the Commercial Courts of Paris (1 Quai de la Corse, 75004 Paris). The parties agree to submit to the jurisdiction of such courts and expressly waive any other legal remedy.
Mediation or arbitration: Before initiating any legal action, the parties agree to seek an amicable resolution of disputes through mediation or arbitration, in accordance with applicable rules and procedures. If mediation or arbitration does not result in a satisfactory resolution, then the parties may bring an action in the competent courts in accordance with the jurisdiction clause above.
Governing Law: These T&Cs shall be governed by and construed in accordance with the laws of France. Any dispute arising out of these T&Cs shall be governed by the substantive laws of the United States, excluding its conflict of law rules.
Clause No. 15: Jurisdiction
Any dispute arising from the interpretation or execution of these general terms and conditions of sale is subject to French law. In the event of persistent disagreement and failure to reach an amicable resolution, the dispute will be brought before the competent judicial authorities.
In accordance with this clause, the dispute will be submitted to the jurisdiction of the Commercial Court of Paris, located at 1 Quai de la Corse, 75004 Paris. By bringing the matter before this court, we want to ensure that any disputes that arise are dealt with fairly and specially.
We wish to emphasize that the final decision is within the exclusive jurisdiction of the above-mentioned court. The parties agree to submit to the jurisdiction of this court and expressly waive any other legal remedy.
It is important to note that this clause is drawn up for the sake of clarity and predictability, with the aim of facilitating the resolution of disputes. Nevertheless, we encourage the parties to show goodwill and seek an amicable resolution before initiating legal proceedings.
Paris
20/04/2024
By ROMAIN VIKTOROVITCH