FOTIFY ME General Terms and Conditions of Sale
Last Update: 10/02/2017 à 10h00
LEGAL MENTIONS – CONTACT
The www.fotify.me website (hereinafter referred to as the « Website ») and « FOTIFY.ME » mobile application (hereinafter referred to as the “Application”) are edited by the company FOTIFY ME with a capital of € 10,000, registered under nº B 824 493 910 at the Registre du Commerce et des Sociétés d’ÉVRY (Évry trade register), domiciled at 15, rue de la Marivoise 91750 Champcueil, with VAT number FR75824493910, telephone number: 0033(0)185085355, email address: firstname.lastname@example.org (hereinafter referred to as « FOTIFY.ME » or « We »)
The Website and Application’s publishing director is Mr. DUVAL Julien
The Website is hosted by OVH, domiciled at 2, Rue Kellermann, 59100 Roubaix, telephone number: 0033(0)972101007
1. GENERAL CONTRACT MATTERS
1.1 FOTIFY ME sells through its Application and Website, photographs prints of You (hereinafter referred to as «Prints »), digital downloading of high-resolution photographs of You (hereinafter referred to as «Downloads ») and personalized photo products, aka photo edition such as framed photographs, postal cards, canvas…(hereinafter referred to as « Personalized Products »), in favor of users (hereinafter referred to as « You » or (the) « User(s) »)
1.2 The Application downloaded by the Photograph and edited by FOTIFY ME allows Users, after a photography session, to fill in, through the Application directly on the Photograph’s mobile phone, their email address in order to access the Photographs on the Website, in accordance with the provisions described in Article 2 of the current terms & conditions.
1.3 FOTIFY ME provides, through its Website, a service allowing Users to order (hereinafter referred to as the « Order ») Photographs and/or Downloads and/or Personalized Products and have them delivered (hereinafter referred to as the « Delivery ») by FOTIFY ME (hereinafter referred to as (the) « Service(s) »).
1.4 The current general terms & conditions of sales relative to the Website, the Application and the offered Services (hereinafter referred to as « General Terms & Conditions ») rule the relationships between the Users and FOTIFY ME.
1.5 Before using the Website, the Application and the offered Services, We kindly request You to read carefully the current General Terms & Conditions, as they cover your rights and obligations as well as ours. Access to and use of the Website, the Application and the offered Services imply that you read and accept without modification the current General Terms & Conditions. If the User does not accept to submit to these General Terms & Conditions, he is therefore not authorized to make use of the Website, the Application or the offered Services and must immediately stop using them.
1.6 The current General Terms & Conditions are accessible on a permanent basis at the following URL address: https://www.fotify.me/en/pages/cgv. FOTIFY ME reserves the right to amend the current General Terms & Conditions. Should it be the case, the new modified version of the General Terms & Conditions will be available on the Website and the Application and the modification will be effective immediately upon your use of the Service and/or the Application, meaning that You only accept the new General Terms & Conditions as they appear on the Website and the Application at the moment of this use.
The use of the Application and the Services is free. However, the User must be legally capable of contracting, meaning that he must be at least of the age of 18, not incapacitated or be a emancipated minor.
2.1 Description and use of Service
2.1.1 Photography Session and Use of Application
The Application is put at disposal of the Photographers after downloading it on their mobile device.
After a photography session during which the Photographer took pictures of the User, the User fills in his email address on the Application, through the Photographer’s mobile phone.
Within 48 hours following the photography session, the User receives an email containing a link to his photo gallery (hereinafter referred to as « Photo Gallery ») on the Website.
2.1.2. Consultation of photographs and choice of Services
From the reception of the email sent by FOTIFY ME following the photography session, the User can immediately access his Photo Gallery and consult the photographs with no need to create a user account.
If the User likes one photograph or more;
(i) He can share for free the low resolution photographs on social media, through the « Share this photo on social media » insert on the Website by clicking on the social media of his choice;
(ii) He can order HD quality Prints by adding the « 10 x 15 Pack » to the Shopping Cart through the button « I want to enjoy it » in the « 10 x 15 Pack » insert.
(iii) He can order HD quality Downloads by adding the « HD Pack » to the Shopping Cart through the button « I want to enjoy it » in the « HD Pack » insert.
(iv) He can order Personalized Products by adding to the Shopping Cart the product(s) of his choice, through the button « Add to Cart » after selecting and personalizing his product, if necessary.
In order to consult the photographs added to the Shopping Cart, the User has to click on the « Shopping Cart ».
2.1.3. Order and Purchase
The User, after placing one or more items in his Shopping Cart, can process to Order and get Prints and/or Personalized Products delivered and/or Downloads sent by e-mail.
The purchase (hereinafter referred to as the « Purchase ») by the User of Prints and/or Downloads and/or Personalized Products is subject to the payment of an amount including tax and delivery costs (hereinafter referred to as the « Price ») as described in Article 3 of the current Terms & Conditions. The Price is displayed to the User when finalizing the Order.
After Delivery of Prints and/or Personalized Products and/or sending of Downloads, the User may ask the Photographer for a final bill via email.
To order and purchase the Prints and/or Downloads and/or Personalized Products, the User has to follow the following process on the Website:
- Click the action button corresponding to the selected product;
- Personalize the product, where necessary, by filling in the requested information and click the « Add to Shopping Cart » button
- In the Shipping Cart, containing (i) the Print(s) and/or the Download(s) and/or the Personalized Product(s) the User wishes to order and purchase, as well as (ii) the Price charged by FOTIFY ME by virtue of the Purchase, double-check the order, select the country of delivery and click the button « Confirm my order »
- Create a Fotify.me account by filling in the requested fields or use an existing account.
- Complete, where necessary, the information relative to « delivery address » and « billing address » and click on « Confirm »
- Insert the bank credit card details and give bank pre-authorization for charging the Price corresponding to the Print(s) and/or Download(s) and/or Personalized Product(s) being purchased. User’s credit card details are stored on the « Stripe » secured online payment platform and the User authorizes in advance his bank to charge the above-mentioned amount from his bank account.
- Tick the box « I accept the General Terms and Conditions of Sale & Use »
- Click on « Pay »
Assuming that the User is taking those actions, a window appears on the screen to confirm the User’s Order has properly been taken into account by FOTIFY ME.
2.1.4. Confirmation of Order
The confirmation of Order is sent to the User by email to the email address that has been filled in at the moment of purchase.
2.1.5. Product(s) Delivery
As of the confirmation of the Order, the Prints and/or Personalized Products will be delivered to the postal address given by the User and the Downloads sent to the email address that has been filled in at the moment of purchase.
As a preliminary point, it is worth specifying that the delivery of Prints and/or Personalized Products at the indicated address is carried out by FOTIFY ME or FOTIFY ME’s service provider, such as the transportation, (hereinafter referred to as the « Service Provider »).
We would like to remind the User that he is solely responsible for checking the conformity and exhaustiveness of the information given as part of his Order (in particular, the selected options, the email address, the postal address and the telephone number). The User is therefore solely responsible for the mistakes or approximations contained in the provided information as well as for the consequences that can result for it, especially if the erroneous, approximate, or incomplete information have been used by FOTIFY ME to deliver the Prints and/or Personalized Products and FOTIFY ME shall not refund neither the Price of the Order, nor the delivery costs.
FOTIFY ME commits itself to provide You with the Services in accordance with professional standards and specifications of your Order.
At the moment of delivery, should You consider the Prints and/or Personalized Products do not correspond to the products you had selecting at the moment of placing the Order, you may send us a claim for non-compliance. You might be asked to send the Prints and/or Personalized Products back. After review from FOTIFY ME, if there is clear evidence of non-compliance, the Prints and/or Downloads and/or Personalized Products could be corrected and resent at FOTIFY ME expense.
In the case that FOTIFY ME cannot establish any evidence of non-compliance, your initial Order would be send back to you, as is, at your expense.
All claims must be sent by email to the email address email@example.com or by post through registered letter with acknowledgement of receipt to 15, rue la Marivoise 91750 Champcueil within 15 calendar days from the delivery day, specifying the order number and the reason for dissatisfaction.
The claims for non-compliance that are not made within the above rules and or the stated deadlines will not be examined by FOTIFY ME.
2.1.6. Product(s) Delivery times
Applicable delivery time are indicated when choosing the country of delivery in the Shopping Cart, as of Products shipment date on the following day after payment confirmation.
In case of late delivery, We would like to kindly ask You to inform us via registered letter with acknowledgement of receipt at the following address: FOTIFY ME 15 rue de la Marivoise 91750 Champcueil as soon as possible so We can identify the cause for the delay and take the appropriate actions.
In any case, when the delay of delivery is superior to 7 working days as of the reception of this letter, and is not due to a case of force majeure, You have the possibility to cancel your order and terminate the contract by sending a registered letter with acknowledgement of receipt at: FOFITY ME 15 rue de la Marivoise 91750 Champcueil.
We will refund You within a maximum period of fourteen (14) calendar days as of the reception of the registered letter notifying us about the termination of contract, as per article L.138-3 of French Consumer Code.
2.2 Cancellation of Service
FOTIFY ME reserves the right to suspend or cancel the access to Website and/or Service to any User who appear to breach the current General Terms & Conditions of Sales, without any prior notice, and without prejudice to any recourse that could be exercised against the User.
3. FINANCIAL CONDITIONS
3.1. The Price paid by a User by virtue of the Purchase of Prints and/or Downloads and/or Personalized Products, is allocated to the Photograph by FOTIFY ME after deduction of commissions due to FOFITY ME in return for provision of the service and after deduction of Products production costs and delivery costs and possible bank charges.
3.2. The Price of Prints and/or Downloads and/or Personalized Products is displayed in euros inclusive of all taxes and exclusive of delivery costs. The Prices inclusive of all taxes take into account the VAT applicable on the day of purchase. Any change in the applicable rate could be reflected in the price of Order.
3.3. Delivery costs apply to the Price and vary according to the User’s choice.
4. RIGHT TO CANCEL
4.1. In accordance with Article L.221-28, 3º, of French Consumer Code relative to the « supply of goods made to the consumer's specifications or clearly personalized », the Right to Cancel does not apply to the Order and the Prints Purchase et/or the Downloads and/or the Personalized Products.
4.2. After placing his Order on the Website, the User agrees to the immediate execution of the Service by FOTIFY ME as of the validation of the Order and acknowledge the impossibility of withdrawal after fourteen (14) clear days from the moment of Order, with no right to get any refund.
5.1. Obligations and Responsibilities of User
The user commits himself to use the Website, the Application and the offered Services in compliance with the applicable regulations and the General Terms & Conditions. Otherwise, the User is solely responsible for the damages caused and for the consequences of the claims or actions that could result from it. As a consequence, the User commits himself to hold FOTIFY ME harmless against any and all claims, complaints, actions or recourses of any nature made by third parties and to indemnify FOTIFY ME and third parties for any direct or indirect damages resulting from this use of the Website, the Application and/or the Services in non-compliance with the application regulations and the General Terms & Conditions.
- The User, by placing an Order, commits himself to duly pay the Price as well as the delivery costs ;
- The User commits himself not to use the Application and the offered Service (i) for commercial purposes, in particular for resale and (ii) for illegal purposes, in particular he commits itself not to transmit any false information, testimonies, or messages, contents contrary to public order and morality, defamatory comments, elements invasive of third parties privacy and not to transmit any information that could harm the rights of FOTIFY ME and/or a third party.
5.2. Obligations and Responsibilities of FOTIFY ME
FOTIFY ME commits itself to administer the Website, the Application and to provide its Service in compliance with the General Terms & Conditions, and to operate with professionalism and diligence as well as to do everything in its power, within reason, as to solve any dysfunction brought to its attention.
FOTIFY ME does not commit itself in any case with regards to the availability or accessibility of the Website, the Application and, in general, does not guarantee that the access to the Website and the Application by the User, the information displayed or the Services offered would be provided without interruption or mistake. In fact, if FOTIFY ME does its best to keep the Website and the Application accessible 24/7, FOTIFY ME might find itself in the obligation to temporarily or permanently suspend, without any prior notice, the partial or total access to the Website and the Application, in particular for technical reasons, whatever the origin or the cause, without being held liable in any way.
The User acknowledges and accepts that FOTIFY ME cannot be held liable for any inconvenience or damage inherent to the use of Internet network, in particular service cuts, external intrusion or computer virus and that FOTIFY ME cannot guarantee uninterrupted functioning of the Website or the Application. In particular, FOTIFY ME cannot be held responsible under any circumstances, and without this list being exhaustive, for:
- bad transmission and/or reception of data and/or Internet information ;
- breakdown of any receiving material or communication lines ;
- any dysfunction of Internet network, that would affect the good functioning of the Website and/or the Services.
The User acknowledges and accepts that FOTIFY ME cannot be liable for any damages that could occur on his equipment such as the User’s Device and/or software after using the Website and the offered Services or in case of copy from the User of the Information displayed on the Website.
The User acknowledges and accepts the FOTIFY ME cannot be liable for any consequences in the execution of Services by FOTIFY ME resulting from erroneous, approximate or incomplete information provided by the User.
In case the Photograph or Print is non-compliant with the Order, within the conditions of article 2.2.5 of the above General Terms & Conditions, FOTIFY ME commits itself to repair the damage suffered in accordance with the provisions of the above-mentioned article 2.2.5.
Lastly, the Website or the Application can contain pictures and/or links to third-party websites (hereinafter referred to as « Third-Party Websites »). FOTIFY ME has no control over the Third-Party websites and assumes no responsibility with regards to them. These links are displayed for information purposes only and the decision of consulting those Third-Party Websites should be done under the sole and exclusive responsibility of the User.
6. AGREEMENT ON EVIDENCE
Both Parties acknowledge and agree that SMS, MMS, electronic mails (e-mails), data exchanges via instant messaging and any other electronic media derived from the use of the Services and exchanged between FOFITY ME and the Users as part of the Services (hereinafter referred to as « Electronic Media ») constitute (i) the original documents between the Parties, (ii) are acceptable proofs and (iii) are admissible in courts, provided that the person from whom it originates can be duly identified and that they have been made out and retained in a manner capable of assuring its integrity.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 FOTIFY ME is the exclusive owner of the intellectual property rights relative to texts, images, sound, video, multimedia, software or elements of any nature included in the Application or the Website, especially « FOTIFY ME » brand, excluding the information given and the data provided by the Users and Photographs.
The Website constitutes, as its whole, a work whose FOTIFY ME is the sole and exclusive owner of intellectual property rights. No Website features, especially printing, downloading and e-mail sending functions, can be used by the Users with the purpose or effect to infringe the intellectual property rights linked to the Website and its composing elements.
7.2 The Users commit themselves not to infringe the intellectual property rights owned by FOTIFY ME, or by possible third parties on elements displayed on the Website through the Service.
7.3 The Photographer owns the copyright of the photographs he takes during the photography session with the Users.
To the extent that the Photographer is the copyright owner, no Photograph can be used by the User in virtue of the Purchase for commercial purposes. Any commercial use or exploitation of the photographs by the User is strictly prohibited.
8. USE OF PERSONAL DATA
Personal data relative to Users could be part of an automated process by FOTIFY ME, in order to execute the Order of Prints and/or Downloads and/or Personalized Products and allow access to the online Service.
Personal data communicated by the User such as surname, name, e-mail address, mobile phone number are processed by FOTIFY ME in order to manage the execution of Services and answer your possible questions and transmit you sales information by post and/or email. Your personal data could be transmitted, with your prior express consent, to its commercial partners for purposes of pursuing new business.
FOTIFY ME processes all personal data in compliance with the current regulations and especially the French « Informatique et Libertés » law (Data Protection Act) of January, 6th 1978, and modified on August 6th, 2004.
Your personal data can also be used, with your prior consent, for commercial purposes, in particular be transferred to third parties to make you benefit from different services and/or offers.
We would like to kindly remind the Users that in accordance with articles 39 and 40 of the French « Informatique et Libertés » law (Data Protection Act) of January 6th, 1978, modified on August 6th, 2004, You benefit from the right to access and require rectification of the personal information that has been collected about You.
Your personal data will be stored in accordance with the current legislation and applicable limitation period.
You benefit from the right to access and require rectification and suppression of the personal information that has been collected about You. You also have the right to oppose the processing of your personal data for legitimate reasons. Furthermore, you can provide specific instructions for the use of your personal information after your death. To exercise your right, you can send us your request to FOTIFY ME 15 rue de la Marivoise 91750 Champcueil. You also have the right to revoke any consent provided at any time with regards to the sending of advertising and promotional offers.
9. FORCE MAJEURE
FOTIFY ME and the User cannot be hold responsible in the case that they are unable to execute their obligations as a result of force majeure, as defined by the law and a case law of the Court of Cassation. The party invoking circumstances of force majeure is released from its obligations during that time. Contractual obligations are taken up again when the circumstances of force majeure are over.
FOTIFY ME can call on sub-contractors for the execution of its obligations by virtue of the current General Terms & Conditions.
The current General Terms & Conditions constitute the entire agreement between FOTIFY ME and the User relative to the use of the Website, the Application and the offered Services, and prevail over any similar or previous agreement between the User and FOTIFY ME.
If one or more provisions of these General Terms & Conditions is declared invalid or unenforceable by a court of competent jurisdiction or an applicable law, then that provision shall be removed without affecting the validity or opposability of the remaining provisions of these General Terms & Conditions.
These GTC are subject to French law.
If there is any dispute relative to the validity, interpretation, execution or non-execution, interruption or termination of these GTC:
According to the provisions of articles L.612-1 and seq. of the French Consumer Code, if there is any dispute between a user and FOTIFY ME, and after trying to resolve such dispute amicably with FOTIFY ME, the User can bring the dispute before a mediator of consumption via the European Commission web-based platform dedicated to resolve disputes between consumers and traders.