ARTICLE 1. SCOPE

The general conditions of sale detailed below govern the contractual relations between each user of the site luclagasquie.com (hereafter designated the « User » or « You ») and photographer Luc Lagasquie, located at 81, rue Hautesserre, 46000 Cahors, FRANCE and registered at the register of commerce and corporations of Cahors under the number 512 352 485 RM 46. These general conditions of sale are the only applicable and replace all other conditions, except preceeding derogation, explicit and written.

Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions. It is specified that the present conditions govern the sales of the photographs of Luc Lagasquie on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigor in the companies which distribute the photographs of Luc Lagasquie.

ARTICLE 2. UTILIZATION OF SITE

To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. Luc Lagasquie reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order.

1) Essential characteristics of the products

The products sold on the Site are art photographs numbered and in limited edition. The photographs are offered in one or several formats. The photographs are accompanied by a a certificate of authenticity in English. The prices are indicated excluding taxes and shipping fees. The currency in which the prices are indicated is Euro. In the case of a delivery to a country other than France, you are the importer of the work or works concerned. For all the works expedited to destinations outside of France, the customs duties or other local taxes of importation are susceptible to be demanded. These duties and sums do not result from the jurisdiction of Luc Lagasquie. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organizations of your country. We advise you to inform yourself about this according to your local authorities. Luc Lagasquie reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigor at the moment of the registration of orders. The works rest the property of Luc Lagasquie until the complete payment of the indicated prices

2) To effect an order

To effect an order, You should at the minimum pass through the following steps:

• Consultation of the information page presenting the photograph, under the prints page. On this screen You can choose the print size among those offered for this photograph. Displayed products are always in stock. If the product runs out of stock, it will not be displayed on the website. You must click on «Purchase» in order to add this article to your shopping cart.
• Module «Order Summary», you have the possibility to delete an article or to modify the quantities ordered.
• Module «Customer Information», you enter your email details used for invoicing and shipping notifications.
•Module «Shipping», you enter your shipping address, phone number and shipping options
• Module «Payment», you enter your payment details and review your shipping address and billing address
• Module «Review & Purchase», you verify the different elements constituting your order (articles, quantity, mode of delivery, total price). You must insure that all these elements are in conformity with your order. Because of the links on this screen, You have the possibility to modify your order.
• You must afterward accept the general conditions of sale and of utilization of the Site in order to pass to the payment step. The conditions are available for reading and for printing from the link « general conditions of sale ». Their acceptation is effected in checking the box attached to the link to these conditions. The general conditions of sale and of utilization of the Site must be accepted at each order.
• You pay for your order by the method of payment chosen
• The contract is concluded upon the confirmation of the payment by the bank.
• The Site sends you a confirmation of your order by email in the minutes that follow.

3) Methods of payment

Only one payment method is offered to you to pay for your order on the Site : • Credit Card, Visa and Mastercard.

4) Security of payments

For the payments by credit card, the transaction is effected by Stripe, the system of payment of Stripe Inc. The bank information of the User is encrypted (SSL technology, Secure Socket Layer). It does not circulate freely on the Internet and cannot be intercepted. Your bank information (number of card, expiration date….) is not communicated to Luc Lagasquie.

5) Proof

The information registered by the Site constitutes the proof of the entirety of transactions effected between the Site and its clients. The information registered by the system of payment Stripe constitutes the proof of financial transactions.

6) Delivery

Processing of orders Orders effected before 11 AM (GMT+1h), from Monday to Friday, outside of holidays, are expedited within 2 weeks. The entirety of the works ordered is sent in one single order.

The delivery will be effected to the shipping address that you will validate at the moment of the order as being the « shipping address», this address being able to be different from the « billing address». Change of shipping address after the effectuation of the order is not often possible for logical reasons. You can always contact us, if you wish to change the shipping address, we will study the possibilities in function of your order.

Modes of deliver and transit times

Luc Lagasquie reserves for itself the right of the choice of the transporter. The delivery date depends on the date of expedition of the order and the transit time for delivery established by the mode of delivery. The delivery of items will be effected in the indicative transit times mentioned, and at the latest 21 days following the ordering, except in the case of a force majeure. The respect of the transit times depends on our transporter. In consequence, no request for indemnification, whatever nature it may be, will be able to be claimed by the client.

Shipping fees

The shipping fees vary according to the destination.

Reception of the delivery

Upon the reception of your order, it is your responsability to open the package to verify the state of the delivery. In the case of a problem, please give your package back to the deliverer stipulating the problem encountered and contact our customer service on the same day. The reception of the objects transported extinguishes all action against the transporter for damage or partial loss if within the three days, holidays not included, which follow that of this reception, the recipient has not notified the transporter, by an extrajudicial act or by registered letter, his delineated protestation. (art L 133.3 of the code of the Commerce).

7) Right of revocation

In conformity with the article L121-20 of the code of consummation, You dispose of a right of revocation for the return of a work that does not suit you. For all orders on the Site, you dispose of a period of 15 calendar days to notify us of your request for a return. For this, please contact us at [email protected] and we will indicate to you the return address and then you will dispose of a period of 10 days to return to us your order. No « shipment for reimbursement » will be accepted, for any reason. Articles returned without their original packaging or incomplete, spoiled, damaged, or dirtied by the client are not reaccepted. Luc Lagasquie will reimburse You the price of the photographs as well as the original shipping fees (the return shipping fees resting your responsibility) in a period of 15 days following the reception of the order by Luc Lagasquie, by bank transfer.

8) Right to return

In the case that the works received do not conform to the order, you dispose of a right to return. In this case, please contact [email protected] which will indicate to you the return address and the procedures of return. In the case of the exercise of the right to return, and only in this case, the shipping fees of the return and of the new shipment will be assumed by Luc Lagasquie.

9) Customer service and claims

For any information or question, you can contact our customer service by email. We will be very happy to give all the information that you wish about our works and your order.

ARTICLE 3. FORCE MAJEURE

In application with the article 1148 of the Code Civil, Luc Lagasquie will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.

ARTICLE 4. PROTECTION OF PERSONAL INFORMATION

In application of the law Informatique et Libertés of January 6 1978, You dispose of a right of access, of modification, of rectification, and of suppression of the information that concerns you. You can exercise this right in sending an email to [email protected]

Luc Lagasquie declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site. This site can contain links to other sites. Luc Lagasquie cannot be held responsible for the problems of access or for the contents of these sites. Luc Lagasquie will not be responsible for damages resulting from the utilization or of the impossibility of the utilization of the Site. Luc Lagasquie will not be in any case responsible for dysfunction imputable to software programs, which may or may not be incorporated into the Site or provided with it. Luc Lagasquie commits itself to respect all the legal guarantees over which You could prevail. The works presented on our site being in conformity with the prescriptions of French law, we will not be held responsible for the violation of legislation proper to the country of delivery. In consequence, we invite You to consult the law in vigor in the country of delivery.

ARTICLE 5. INTELLECTUAL PROPERTY

1) Rights concerning the work

Luc Lagasquie, because of having taken the initiative of his creation, remains the bearer of the rights of author of his or her work, as defined by French law. The rights of representation and of reproduction of the works presented on the site luclagasquie.com belong to Luc Lagasquie. Its authorization is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.

2) Intellectual property right

All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs… These articles belong to Luc Lagasquie or are utilized with the permission of their owners. Therefore, all reproduction, representation, utilization, adaptation, modification, incorporation, translation, commercialization, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorization of Luc Lagasquie, besides the exceptions endorsed in the article L 122.5 of the Code de Propriété Intellectuelle, under the pain of constituting a breach in the copyrights of the author and/or of designs and models and/or of trademark, punished by two years of imprisonment and a 152 449,02€ fine

ARTICLE 7. JURISDICTION

The present conditions are governed by French law. They are available in the language of the consultation of the Site. In the hypothesis that litigation would be born out of the present contractual relation, the User and Luc Lagasquie commit before any judiciary action to search an amiable solution. In the case of litigation, only French tribunals will be competent.