General conditions of use and navigation

  • Article 1 – Scope

These General Terms and Conditions of Use (Hereinafter “the GCU”) and Browsing (Hereinafter “the GCN”) of the site www.fabriceguillaud.com apply to any use and commercial relationship between,

On the one hand, the site www.fabriceguillaud.com (designated “the site”), published bu Fabrice GUILLAUD, whose head office is located at : 6 rue Notre Dame – 69006 Lyon · France

And on the other hand, any customer (designated “User” or “Customer”).

Fabrice GUILLAUD is registred with the Rhône Chamber of Trades nder SIRET No. 820 842 045 000 24.

These General Conditions of Use may be modified by Fabrice GUILLAUD at any time and without notice. We invite you to consult them regularly.

· Article 2 – Operation of the site

To use the Site, you must be at least 18 year old, be legally capable of contracting and using this Site in accordance withthese GCU. You guarantee the truthfulness and accuracy of the information provided by you on this Site. Fabrice GUILLAUD reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

1 · Essential characteristics of the product

The products sol on the Site are limited edition numbered art photographs.

The photographs are offered in one or more formats and supports.

The photographs are accompanied by a Certificate of  Authenticity in English.

The prices are indicated inclusive of all taxes, excludinf participation in shipping costs. Only payments in euros are accepted.

For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.

These rights and sums are not the responsibility of Fabrice GUILLAUD. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

Fabrice GUILLAUD reserves the right to modify its prices at any time. The works will be invoiced on the basis of the rates in force at the time of registration of the order, subject to availability. The works remain the property of Fabrice GUILLAUD until full payment of the price indicated.

2· Order

To place an order, you must at least go through the following steps :

  • Consultation of the sheet presenting a photograph. On this screen you can choose the format and the support among those proposed for this photograph. The stock status is indicated (in stock / sold out). You must click “Add to Cart” to add this item to your cart.
  • “Shopping Cart” screen : you can delete an item or modify the quantities ordered.
  • Screens for identifying or creating a customer account.
  • Delivery mode selection screen.
  • You must then accept these general conditions of sale and use of the Site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled “General Conditions of Sale”. Their acceptance is made by ticking the box affixed to the link to these conditions. The General Conditions of Sale and Use of the Site must be accepted with each order.
  • You pay for your order by the chosen payment method.
  • The contract is concluded upon confirmation of payment by the bank.
  • The Site sends you a confirmation of your order by e-mail within minutes.

3· Means of Payment

You are offered several payment methods to pay for your order on the Site :

  • Credit card, Virtual Credit card
  • Visa, Mastercard
  • American Express
  • Google Pay, Apple Pay

4· Payment Security

For payments by credit card, the transaction is carried out by BANQUE A COMPLETER. The User’s bank details are encrypted (SSL technology, Secure Socket Layer). They do not circulate unencrypted on the Internet and cannot be intercepted. Your bank details (card number, expiry date, etc.) are not communicated to Fabrice GUILLAUD.

5· Proof

The data recorded by the Site constitutes proof of all transactions between the Site and its customers. the data recorded by BANK constitutes proof of fiancial transactions.

6· Delivery

Order Processing

To be modified after meeting with the printer.

Delivery Address

Fabrice GUILLAUD delivers in Metropolitan France. Delivery in another country : on request.

The delivery will be made to the delivery address that you will have validated at the time of the order as being the “delivery address”, this address may be different from the “billing address”.

Changing the delivery address after placing the order is often not possible for logistical reasons. You can however contact us if you wish to change your delivery address, we will study the possibilities according to your order.

Delivery Method and Deadlines

The possible delivery methods depend on the quantity, the size of the item(s) ordered and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. Fabrice GUILLAUD reserves the right to choose the carrier.

The delivery date depends on the date of shipment of the order and the delivery time induced by the delivery method.

For deliveries to a delivery point, an email or an SMS will be sent to you as soon as yous package arrives at delivery point of your choice. From the day of delivery, you can collect the package on presentation of an identity document.

Taxes and Customs fees outside the European Union

Items shipped outside the European Union may be subject to taxes, customs duties and other taxes in the country of destination. The recipient of the order accepts by placing an order to be designated official importer in the country of receipt of the order and is responsible for import costs. For each of the items imported, you authorize Fabrice GUILLAUD to designate a carrier to act as an intermediary with the competent authorities for the management and payment of import charges in the country of destination. You also agree by placing an order that the carrier may share the amount of these import costs with Fabrice GUILLAUD. In the case of an order placed as part of a gift or as an intermediary for another person, you agree to give the above authorizations on behalf of the recipient designated in your order. For details of actual import charges or to obtain documents or receipts related to customs clearance, you may contact the designated carrier listed in your shipment confirmation.

Receipt of delivery

Upon receipt of your order, it is your responsibility to open the package for the state of the photographs or frames. If you do not personnally receive the package, ask the person in charge of receiving the package to do this check. In the even of a problem, please return your package to the delivery person (La Poste or private carrier) stating the problem encountered and contact us the same day.

Do not sign the delivery slip if the order arrived damaged. No claim will be admissible if the delivery note is signed.

In the case of delivery by private carrier, the carrier is not required to deliver inside your home and can give you the package at the entrance of your building or house.

We therefore advise you to provide assistance to carry the package to your home.

Receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this reception, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest (Article L 133.3 of the Commercial Code).

7· Right of Withdrawal

In accordance with article L221-18 of the consumer code, you have right of withdrawal to return the work that does not suit you. This right does not apply to orders placed by companies. You can use the model withdrawal form but it is not mandatory.

Model withdrawal form

For the attention of

Fabrice GUILLAUD, 6 rue Notre Dame – 69006 Lyon · France

Tel :+33 6 12 77 71 64

E-mail : contact@fabriceguillaud.com

I / We (1) hereby notify you of my / our (1) withdrawal from the contract relating to the sale of the goods (1) / for the provision of the service (1) below :

Ordered on (1) / Received on (1)

Name of consumer(s)

Address of consumer(s)

Date

(1) : Cross out what is not applicable.

For any order on the Site, you have a period of 15 calendar days to notify us of your return request.

To do this, please contact us, we will give you the return address and you will then have 14 days to return your order.

  • If your order was delivered by Post (Colieco, Colissimo, Chronopost), you can return your order to us by Post (return costs at your expense)
  • If your order was delivered by a carrier, the latter will pick up your order. This service will be billed to you at the same price as the initial delivery charges.

No shipment against reimbursement will be accepted whatever the reason.

Items returned without their original packaging or incomplete, damaged, damaged or soiled by the customer are not taken back. Return costs are your responsibility.

Fabrice GUILLAUD will reimburse you the price of the returned items as well as the initial shipping costs (the return costs remain your responsibility) within 14 days of receipt of proof of the shipment of the items. This refund will be made by crediting the bank account used for payment, by bank transfer or a credit, depending on the method of payment used when ordering.

  • Article 3 – Termes of use and liability

The www.fabriceguillaud.com website is accessible free of charge anywhere to any User with Internet access and offers a gallery of images by Fabrice Guillaud. Access to the Site is under the sole and entire responsability of its User. All costs borne by the User to access the service (hardware, software, Internet connection etc.) are his responsibility. The User undertakes to comply with all the general conditions of use stipulated in these GCU and the legal notices present on www.fabriceguillaud.com

Fabrice GUILLAUD  cannot, under any circumstances, be held responsible for any direct or indirect damage resulting from access to the Site and those of its partners, or on the contrary from the impossibility of accessing it.

Any access to the Site implies unreserved acceptance of these GCU. Access to the Site is accessible free of charge to any user of the Internet network.

Fabrice GUILLAUD cannot be held responsble for any diifficulty in accessing the Internet network and for malfunctions and anomalies related to the Site that are not attributable to him.

Fabrice GUILLAUD reserves the right at any time, and without the right to compensation for the benefit of the User, to permanently interrupt, suspend, and/or modify access to all or part of the Site in order to maintain and update it.

Fabrice GUILLAUD reserves the right yo modify without notice the conditions of access and use of the Site according to regulatory or legal constraints which could be brought to evolve.

The source of the information disseminated on the Site are deemed reliable but the Site does not guarantee that it is dree from faults, errors or omissions.

The information provided is presented for information and general purposes without contractual value. Despite regular updates, the Site cannot be held responsible for the modification of the administrative and legal provisions occurring after publication. Likewise, the Site cannot be held responsible for the use and interpretation of the informations contained in this site.

  • Article 4 – Protection of personal data, access and rectification of information

Pursuant to Law No. 78-17 of January 6, 1978 as amended relating to data processing, files and freedom, European protection regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free circulation of this data, www.fabriceguillaud.com informs the User of its commitment to respect the confidentiality, integrity and security of the data that the User will be required to communicate to it through the Site.

Any personal data identifying you directly (Surname, first name, postal, electronic, telephone details) or indirectly (your computer traces left by your browsing on the Site) are considered confidential data and are treated as such, under subject to the evolution of the legal framework on the qualification of personal data.

1 · Processing of data relating to the Service

a. Treatment

Subscribing to, accessing and/or using certain Service involves the processing of personal data, which you accept. The person responsible for processing users’ personal data is referred to in Article 1 of these general conditions of use.

Fabrice GUILLAUD, data controller whose head office is located at 6 rue Notre Dame, 69006 Lyon · France, is aware of the trust you place in it by entrusting it with your personal information for the use of its services. Fabrice GUILLAUD attaches the greatest importance to the confidentiality and security of these.

As such, Fabrice GUILLAUD undertakes to respect this privacy policy, which you accept when you use its services.

b. Declaration of the processing of personal information

By creating your account you accept the Terms of use of the FabriceGuillaud account, you become a FabriceGuillaud Customer.

In application of the Data Protection Act of January 6, 1978, you have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us  letter to the following address :

6 rue Notre Dame, 69006 Lyon · France

You can also consult or modify your personal data in your customer account on www.fabriceguillaud.com

c. Nature and purpose of personal data

By using our portal or our service, the User is required to communicate information or data to FabriceGuillaud, some of which is likely to indtentify him directly or indirectly.

The data collected comes from the voluntary provision of their information by users wishing to access or use a Service requiring such processing, from the computer traces left by navigation on the Site or from the transmission by one of the partners to the other partner of the data thus collected.

This data is used :

    • For the creation and management of user accounts
    • To monitor the relationship with users
    • To transmit requests for information made by the User to carriers

The User’s personal data collected by Fabrice Guillaud may be :

    • His first and last names
    • His e-mail address
    • His telephone number
    • His postal address
    • Its Internet Protocol (IP) address
    • His username and password
    • A copy of the exchanges between Fabrice GUILLAUD and the User
    • Information relating to its navigation and activity
    • His information relating to his geolocation

d. Legal basis for processing

Pursuant to the GCU which he has accepted, the User is informed that the various processing of his data is necessary for the execution and fulfillment of contractual obligations arising from the services offered by the compagny.

e. Data retention period

Personal data is deleted or archived after a period of 5 years after your last use of our portal or our services.

This data may also be kept for a period of 10 years thereafter in the archive database, with restricted access, in order to comply with the legal and regulatory obligations incumbent on Fabrice GUILLAUD.

f. Data recipients

Fabrice GUILLAUD is also likely to share information about you, including personal data, with his partner carriers within the framework provided for in this policy.

Fabrice GUILLAUD only shares your data with the third parties mentioned in this article in the following cases :

    • When we use a service provider as part of the performance of any contract concluded between you and us or in order to provide or improve our services
    • When Fabrice GUILLAUD has a legal obligation to do so or if Fabrice GUILLAUD believes in good faith that it is necessary to respond to any claim against it, to comply with any legal request, or in order to guarantee rights, property and safety of Fabrice GUILLAUD, his members and more generally any third party.

2 · Data transfer

As a general rule, Fabrice GUILLAUD stores personal data whitin the European Union.

However, to the extent that, for example, some of our service providers are located in countries outside the European Union(“Third Countries”), Fabrice GUILLAUD transfers some of the personal data to Third Countries. This may in particular be the case towards Third Countries for which the European Commission has not taken a decision of “adequate protection”. In such a case, Fabrice GUILLAUD ensures that this transfer is carried out in accordance with the applicable regulations and guarantees a sufficient level of protection for the privacy and fundamental rights of the persons concerned (in particular by the standard contractual clauses of the European Commission).

3 · User rights

You benefit :

    • A right of access : right to receive a copy of your personal data in our possession
    • A right to erasure or right to be forgotten : right to erasure of your personal data in the possession of Fabrice GUILLAUD (except when the law requires it to keep this data or when Fabrice GUILLAUD has a legitimate reason to do it)
    • A right to rectification : right to modify the personal data in the possession of Fabrice GUILLAUD which concerns you which are erroneous or obsolete
    • A right of opposition : you can object at any time for reasons relating to your particular situation, to the processing of your personal data for direct marketing purposes, exept for legitimate and compelling reasons for the processing which prevail over the interests and the rights and freedoms of the data subject, or for the recognition, exercise or defense of legal rights
    • A right to limitation : you have the right to limit the processing carried out on your personal data in the following cases

– if you exercise your right of rectification, the limitation of processing may be required for the duration allowing Fabrice GUILLAUD to verify its accuracy

– if you exercise your right of opposition, during the period of verification as to whether the legitimate reasons pursued by Fabrice GUILLAUD prevail over yours

– when processing your personal data unlawfully, you can demand that their use be restricted rather than erased

– for personal data for the purposes of the processing which must be erased, but which are still necessary for the establishment, exercise or defense of legal claims

    • A right to portability : you have the right to receive the personal data that you have provided to Fabrice GUILLAUD or that have been generated by your activity or that have been observed. These must be communicated in a structured, commonly used and machine-readable format. This right also includes the right to transmit this data to another data controller.

Finally, you have the right to define directives relating to the fate of your personal data after your death.

The User can exercise these rights by contacting Fabrice GUILLAUD at this address : contact@fabriceguillaud.com by attaching proof of identity and mentioning his first names, surname and e-mail address.

  • Article 5 – Processing of technical data – Cookies

Fabrice GUILLAUD also proceeds to the automatic recording of certain technical data.

During the consultation of the Site, the technical data likely to be recorded, in respect of the access or the use of the Site are the Internet Protocol (IP) address of the User and the information relating to the configuration (type of machine, browser, etc.) and navigation (date, time, pages viewed, occurrence of errors, etc.) of the User.

Thislatest information may be stored, through your browser software, in short text files (cookies), subject to your choices, in a dedicated space on the disk fabriceguillaud.com and/or its partners process this technical data completely anonymously, not linking them to any information allowing the user to be identified and do not transmit them to third parties.

Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is registered during the period of validity or registration of the cookie concerned.

Cookies, depending on their category, are used for the following purposes :

    • A first category of cookies are those that are strictly necessary for the use of the Site. They are essential for browsing the Site while taking advantage of all its features (support for the user’s operating system, display, etc.). They make it possible to adapt certain functionalities and the presentation of the Site to your browser and your equipment. These are essentially technical cookies that do not identify you as an individual.
    • Another category of cookies are those that allow performance measurement. These cookies make it possible to establish statistics and volumes of visits and use of the various services of the Site. Their purpose is to enable fabriceguillaud.com to improve User comfort. These cookies do not identify you as an individual.

These first two categories of cookies are only used for the purpose of establishing usage statistics, preventing errors, preventing damage and counterfeiting of the Site or improving conditions of access or use of the Site.

    • A third category of cookies relates to functionality. They will simplify your navigation. Indeed, they allow you to save some of your choices (language, user name, country, information relating to a form entered previously, etc.)

Some audience measurement cookies will allow fabriceguillaud.com to measure visits to certain spaces dedicated to its partners and to analyse these visits.

    • Another category of cookies comes from social networks : these cookies, from third parties, allow the User to share the content of the Site with other people. (This is the case, for example, of the “Share” or “Like” application buttons, from social networks such as “Facebook”, “Twitter”, “LinkedIn”).

We draw your attention to the identification provided by such a button. Indeed, the social network that provides this type of application buttons is likely to identify you thanks to this button, even if you did not click on it during your consultation of the Site. Indeed, some cookies allow the social network concerned to follow your navigation on the Site, as soon as your account with this social network is activated on your terminal during your navigation on the Site.

Fabriceguillaud.com has no control over the process used by social networks to collect information relating to your browsing on the Site.

Fabriceguillaud.com also invites you to consult the personal data protection policies of these social networks. These must allow you to exercise certain confidentiality choices with these social networks, in particular by setting up your user accounts for each of these networks.

    • Finally, a last category of cookies concerns advertising. These are targeted advertising cookies.

These cookies make it possible to offer the User targeted advertising content with regard to his centers of interest. These cookies are placed by the partners of fabriceguillaud.com.

Fabriceguillaud.com does not manage its partners’ cookies and has no control over these cookies.

Without prejudice to the foregoing, fabriceguillaud.com and/or its partners may, however, be required to use this information in cooperation with the user’s Internet service provider to identify the User for the purpose of carrying out all or part of these general conditions or additional contractual conditions or at the request of the competent administrative or judicial authorities.

 

→ How to exercise your rights ?

We inform you that you can at any time configure your browser to modify your choices in terms of cookies. The configuration of the internet browser is an effective and free means of determining, upstream, the management of cookies. So you can decide :

    • To accept the recording of all the cookies integrated into the pages and contents that you consult. Note that on the one han, these cookies will only be readable by their senders. On the other hand, this process is not definitive, and it will always be possible for you, a posteriori, to delete the cookies.
    •  To refuse the registration of cookies on your terminal. In this case, your visit to the Site will no longer be counted in the traffic measurement tools, but you will no longer be able to benefit from the same browsing comfort, certain features requiring the use of cookies. Consequently, fabriceguillaud.com declines all responsibility for any inconvenience related to possible malfunctions of our services resulting from the impossibility of consulting the necessary cookies.
    • To be asked by your browser to give your consent or refusal before installing a new cookie on your device.

The period of validity of consent to the deposit of cookies is 13 months. At the end of this period, the User’s consent is collected again.

The settings for managing cookies depend on your browser.

You can authorize or refuse the recording of cookies in your terminal with the appropriate parameters of your browser. Here is how to configure the acceptance of cookies with the most commonly used browsers :

– For Microsoft Edge TM : https://support.microsoft.com/fr-fr/microsoft-edge/supprimer-les-cookies-dans-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09

– For Safari TM : https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

– For Chrome TM : https://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

– For Firefox TM : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

– For Opera TM : http://help.opera.com/Windows/10.20/fr/cookies.html

  • Article 6 – intellectual property

Any use of the information provided on the Site and of the constituent elements of the Site for commercial purposes or for any other purpose is purely and simply prohibited.

Indeed, the elements present on the Site are protected by the Intellectual Property Code, treaties and international agreements dealing with provisions relating to the protection of copyright.

Thus, any modification, representation and reproduction in whole or in part are strictly prohibited. This prohibition applies regardless of the process of reproduction, representation and/or modification, and regardless of the duration.

In general, Fabrice GUILLAUD cannot be held responsible for any damage, direct or indirect, resulting from the prohibited use of the information or any other element delivered on the Site.

Any total or partial representation of this Site by any process whatsoever, without the express authorization of the operator of the website would constitue an infringement punishable by article L 335-2 and following of the Intellectual Property Code.

It is reminded in accordance with article L 122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and his source.

  • Article 7 – Applicable law and dispute resolution

Any dispute, of any nature whatsoever, concerning the Site as well as the validity, interpretation, execution and/or termination of these GCU for any reason whatsoever is subject to French Law.

Any dispute, in the absence of anamicable settlement sought beforhand by the Parties, will be brought before the courts within the jurisdiction of the Paris Court of Appeal.

  • Article 8 – Force majeure

Fabrice GUILLAUD cannot be held responsible for any non-performance resulting from a fortuitous case or of force majeure as the definition is adopted by French Law and Jurisprudence.