Terms and Conditions
Service Client
11, rue Arsène Houssaye 75008 PARIS
Tel : + 33 (1) 45 72 92 01 - Fax : + 33 (1) 40 68 66 10
E-mail : contact@lamapix.com
These terms and condition state the agreement between LamaPix (a Limited Liability Company headquartered at 11, rue Arsène houssaye, Paris 75008, registered with the Paris RCS, Registration No. 490 870 342, , Tax ID No. FR09490870342) and any person, , heretofore referred to as The Purchaser, who wishes to proceed to purchase goods and/or services offered by the site www.lamapix.com site, heretofore referred to as The Merchant Site.
1. General Information
2. Goods and Services
3. Pricing
4. Geographic Region
5. Orders
6. Retractions and Cancellations
7. Methods of Payment
8. Deliverables
9. Warranty
10. Responsibility
11. Customer Account
12. Personal Information
13. Archives - Records
14. Settlement of Disputes - Litigation
15. Intellectual Property
16. Customer Service
ENGLISH
1. Information
These Terms and Conditions apply exclusively to all goods and services provided by the internet site www.lamapix.com and govern all direct or third party access to the site as approved by LamaPix.
These Terms and Conditions will define the contractual relationship between LamaPix and the Purchaser and will apply to any transaction that takes place on the Merchant Site, whether by an individual Purchaser or by a professional. Organization.
The purchase of goods or services through this site implies the buyer’s acceptance of these Terms and Conditions to the exclusion of any others.
These Terms and Conditions will apply to the exclusion of all others, including the Terms and Conditions of any contracts between LamaPix’s clients and any other professional partners.
LamaPix reserves the right to modify these Terms and Conditions at any time. At such time, the applicable conditions will be those in effect at the time of purchase.
2. Definition of Goods and Services
LamaPix offers the sale of an exclusive and original service that gives a Purchaser internet access to photographs taken of him/her, with his express consent, by professional photographers, using a secret pass code, and allows a Purchaser to acquire the aforementioned photographs via a secure purchasing process through the site LamaPix.com.
The goods or services available for sale online are exclusively those that appear on the LamaPix merchant site’s catalogue on the day of the transaction.
These goods and services are for sale for a period of two months starting on the day the card bearing the LamaPix transaction code is handed to a potential Purchaser.
LamaPix will archive the products it has acquired for two (2) months after the date of each transaction, in order to allow the delivery of any additional orders (digital downloads or print format).
The photographs that appear online are accessible via a secret code given to the Purchaser at the time the photograph is taken. This secret code, a combination of ten letters and numbers, guarantees the confidentiality of a customer’s data and of the photographs stored by LamaPix. Additional information may be requested by contacting LamaPix’s Customer Service department.
3. Pricing
All prices posted on the LamaPix site are the full price, including local taxes— based on applicable taxes on the day of any order—and are in Euros; changes in the tax rate may result in changes in the price of LamaPix’s goods and services. LamaPix’s Tax ID number is FR09490870342.
The applicable price is the price that is indicated in the catalogue on the day of each order, barring any typographic error(s), and is applicable solely on the Merchant Site. Other promotional offers are only valid for the indicated duration of each offer as per the information published on the Merchant Site.
The prices indicated include the price of appropriate packaging for the shipping of goods. The price does not include shipping costs. These costs will be added to the price of the order and the cost of shipping will be clearly indicated to the Purchaser. In the course of his/her order, the Purchaser may obtain an estimate of these shipping costs and of the total price on the Merchant Site. However only the total that is indicated on the order form at the moment of the order is confirmed is applicable.
Due to market fluctuations, and given the need for parity with the changing price of the YEN and the U.S. Dollar, Lamapix reserves the right to modify its prices at any time. The price that appears on the form at the moment the order accepted by the Purchaser and at the time of payment is the only applicable price for each order.
Shipping costs are calculated automatically based on the weight of a package and will vary depending on the delivery zone. For all products shipped outside the European Union, customs duties may apply. The Purchaser agrees to pay for the price of the order and agrees to be pay for any additional duties, customs or other local taxes.
4. Geographic region
The goods and services presented on the LamaPix site are solely available to buyers residing in the countries listed and delivery is limited to the geographic regions defined by the site.
LamaPix reserves the right not to honor any order from a country where it cannot access the specific delivery mechanisms, or where the local regulations may infringe on its regular delivery practices.
5. Orders
Any Purchaser wishing to purchase goods or services must:
-Fill an online order form providing all the necessary information using the tools provided on the Merchant Site to manage his/her shopping cart;
-Fill the identification form on which he/she will indicate all the required information;
-Confirm his/her order after having verified the order information that appears on the Merchant Site , or, if need by correcting any errors and returning to the original form, prior to confirming the order;
-Make a payment using the means provided on the Merchant Site.
The confirmation of an order implies acceptance of these Terms and Conditions of sale, and the acknowledgement that these Terms and Conditions prevail over any and all other conditions that the Purchaser may wish to apply to the transaction.
The totality of the information provided and recorded constitutes proof of the transaction. As per Civil Law, confirmation of the Purchase Order constitutes an electronic signature that has the same value between the parties as a written signature.
After payment has been confirmed, a confirmation of the order, is sent by electronic mail to the email address provided by the Purchaser.
6. Retraction of order
All sales that take place on the LamaPix Merchant Site and are completed by electronic download are closed and definitive and can neither be cancelled, nor retracted.
LamaPix offers the Purchaser the option of ordering complementary digital files and or paper prints. Only in this case scenario, where the sale leads not to a download, but to the physical delivery of goods, does the Purchaser have a seven (7) day grace period (excluding Saturdays and Sundays) to exercise his right to a retraction. This interval, will begin at the time LamaPix receives an order, or the confirmation of the offer of services. The purchaser must contact LamaPix’s Customer Service department to return his product or to cancel services the execution of which has not yet been undertaken. Reimbursement will take place without any additional penalties other than the deduction of the original shipping costs and the return shipping costs, where applicable, within the thirty (30) days following the date on which the Purchases exercises his right to cancel an order.
In the event a product that is delivered does not correspond to the original order, LamaPix will deliver the original order at no additional cost, or will reimburse the Purchaser for his entire order within 15 days.
Lamapix reserves the right to refuse any order in the event of:
-an existing litigation that is underway with the Purchaser;
-total or partial non-payment of an existing order
-a bank’s refusal to authorize credit card payment.
7. Payment Methods
Payment is expected at the time an orders is placed. Payment is made using a credit card (a list of accepted cards appears on the Merchant Site); payment is effectuated through the use of the ATOS SOGENACTIF system using an SSL (Secure Socket Layer) Protocol ensuring all information transmitted is encrypted and that no third party can access the information during transmittal over the network.
ATOS SOGENACTIF ensures that the Purchaser’s credit card number is known only to ATOS SOGENACTIF and is not transmitted to LamaPix. ATOS SOGENACTIF also ensures that all payments to is LamaPix are authenticated .
Once payment has been accepted a receipt of payment is sent by electronic mail to the email address provided by the Purchaser. If payment is refused, the order is cancelled.
8. Deliverables
Data is put at the Purchaser’s disposal at www.lamapix.com
In the event of an order that must be delivered physically, in digital or paper print format, such delivery will be made to the mailing address provided by the Purchaser on the Purchase Order; this address must be within the Geographic Region.
Once the goods leave LamaPix’s premises, any risks are the responsibility of the acquirer of the goods, The Purchaser. In the case of damage during transport, a formal complaint must be made to the transporting agency within a three day period, beginning on the day of delivery. A copy of the complaint must be received within that time frame by LamaPix’s Customer Service department.
LamaPix is committed to fulfilling each order, at the latest, within three days of the date of a Purchase Order and payment.
In cases where the transporter offers the option to trace a package, all information regarding this option will be made available to the Purchaser.
The time-frame for delivery is provided by the transporting agency and reflects that entity’s responsibility. Nonetheless, if the delivery time-frame exceeds thirty (30) days, beginning with the first working day after LamaPix receives the order and confirmation of payment, the sales contract may be dissolved and the Purchaser reimbursed.
LamaPix declines all responsibility in the case of a transporting agency’s delivery delays, or in the absence of a person to receive a package at the address provided, or if the address provided proves to be erroneous or unknown to the postal service.
9. Warranties
All products furnished by LamaPix are covered by the legal warranties in place under articles 1641 of French Civil Law to the exclusion of any other warranties. This warranty only governs the delivery of photographs and or digital files of these photographs, and does not in any way cover the quality of the photographic image itself. By viewing a photographic image prior to his/her choice to acquire it in digital or print format, The Purchaser has implicitly approved the image.
10. Responsibility
The goods and services on offer conform to the standards and norms of European law that are applicable in the European Community. LamaPix, is engaged in online sales and is accountable only by its obligation to provide a means of providing services. Its responsibility cannot be evoked in the case of any damages resulting from the use of the internet network, such as loss of data, intrusion, viruses, ruptures in service, or any other involuntary problems. By the same token, access to any other site from the Lamapix site in no way makes Lamapix’s liable.
11. Customer Account
To place an order, the Purchaser must register his/her information (billing and delivery address, email, etc.). This personal information is used only to fulfill an order by LamaPix’s internal services. (cf. Personal Data).
It is clearly stipulated that bank information is not registered on the client’s account. For each new order, the Purchaser must furnish his credit card information via the secure payment system (cf. Payment Methods).
12. Personal Data
In accordance with the law of January 6, 1978 governing all digital information and privacy, all user information will be treated through automated systems.
LamaPix is committed to protecting any and all personal information provided by a Purchaser and will never divulge this information to any third party; this information is confidential and will be used solely by LamaPix’s internal services to fulfill orders and to personalize the communications and services specifically offered to each LamaPix customer.
Sending electronic mail to a Purchaser, outside the requirements of the fulfillment of his/her order, is contingent upon his/her authorization. The Purchaser can exercise his right to stop receipt of any new messages by contacting LamaPix’s Customer Service department. No email addresses are ever sold, given, released or exchanged with any third party.
The automated use of this information, including the management of users’ email addresses was the subject of a declaration by the Commission Nationale de l’Informatique et des Libertés (CNIL) registered under number 1182675
In accordance with the January 6, 1978 law, users have the right to access, modify, rectify or suppress any information concerning them. To exercise this right, a user must contact LamaPix’s Customer Service department.
13. Archives - Records
LamaPix shall keep Purchase Orders and Invoices in a durable and reliable format as per the requirements of article 1348 of Civil Law.
LamaPix’s digital records will be considered by the parties to constitute proof of communication, orders, payments and transactions that have taken place between the parties.
14. Settlement of Disputes – Litigation
The present Terms and Conditions under French law are the abiding terms and conditions and govern any and all transactions on the www.lamapix.com site. The original contract enforcing the terms and conditions is in the French language and may be accessed here. This English translation is provided solely for informational purposes and in any dispute the terms and contents of the French original will always prevail. In the case of any litigation, only French courts of law will be competent to adjudicate a dispute, more specifically the following courts: the tribunal de grande instance de Paris (75) or the tribunal de commerce de Paris (75).
15. Intellectual Property
LamaPix is a registered trademark as are the logos that appear on this site. Furthermore, the merchant site is protected by copyright. All total or partial based on the elements of the site and any and all reproduction of the images, the mark or the logos, whether digital, visual or audio, is unauthorized without the express written consent of LamaPix.
Accordingly, it is strictly forbidden to use, or to reproduce the name “LAMAPIX,” the name of products, or the logo(s), alone or together, under any circumstances whatsoever, and particularly for any publicity use, without the express written consent of LamaPix. Failure to respect these terms will be considered counterfeiting and the counterfeiter will be punishable according to the law.
The creation of hypertext links targeting this site, other than in a strictly personal context, is not authorized without the express consent of LamaPix.
16. Client Services
For all information or questions, LamaPix’s Customer Service department is at the disposal of all users of the Merchant Site.
Return packages should be addressed to:
LamaPix
Customer Service
11, rue Arsène Houssaye - 75008 PARIS – France
Tel : 33 (1) 45 72 92 01 - Fax : 33 (1) 40 68 66 10
E-mail : contact@lamapix.com
