General Terms and Conditions of Sell,
General Conditions of Use
(GTCS / GCU)
The mattberthou company, whose head office is 10 rue Anatole France 63360 GERZAT France, registered in the trade register under the number SIRET 89127533100017 represented by Mr. Matthieu Berthou, is the seller of the products and services on the mattberthou.com merchant site ( hereinafter referred to without distinction as the “Site”).
makes available to individuals, in France and abroad, on the Site, sales offers enabling a buyer (hereinafter the “Customer” or the “User”), after registration, to purchase photos (hereinafter the “Product (s)”) offered at a non-negotiable price, displayed inclusive of all taxes (TTC).
These general conditions of sale of Products and of use of the Site (hereinafter the “GTCUS”) govern the use of the Site, as well as any purchase of Products that would be made by the Customer on the Site.
Any use of the Site implies the Customer’s full, complete and unreserved acceptance of these T & Cs. Acceptance of the T & Cs is made by checking the box “I fully adhere to the General Conditions of Use of the Site and of Sale of Products (T & Cs)” when booking. This acceptance is necessarily full and entire, any acceptance subject to reservation is considered null and void.
Mattberthou reserves the right to make any changes to the Site at any time, in particular concerning the provisions of these T & Cs.
In the event of modification of these T & Cs, the applicable T & Cs will be those in force on the date of connection to the Site or the date of confirmation of the order of the Product (s), unless a change of the T & Cs is required by a administrative or governmental authority in which case this modification may, where applicable, also apply to previous orders that the Customer would have made on the Site.
These T & Cs are available for consultation in French and English, In the event of a dispute in French …
1. The Products
The photos are presented on the Site by country.
The Customer is fully informed and accepts that the images and colors of the photos offered for sale on the Site may not correspond to the actual colors of the Products, in particular due to the Internet browser or the quality of the screen used by the Customer.
The prices appearing on the Site are indicated in Euros, all taxes included. The photos ordered are invoiced at the price in effect when the order is placed.
Any change in the legal rate of the applicable VAT will be automatically reflected in the prices of the photos, as soon as it comes into force.
Only payments in euros are accepted.
The applicable prices are the prices displayed on the Site at the time of the order.
Access to the Site is free (excluding any connection costs, the price of which depends on your electronic communication operator).
The User of the Site certifies that he is of legal age and fully legally capable. Any use of the Site by a minor user is carried out under the full responsibility of the holder (s) of parental authority over the minor user concerned.
The User must fill in, in good faith, a personal information form on surname, first name and email. The User agrees to provide Mattberthou with up-to-date, complete, accurate information.
Mattberthou reserves the right to refuse the registration of any User with whom there is a dispute or who does not present the necessary solvency guarantees.
The User must also give an e-mail address which will be requested each time he wishes to order one or more photos or subscribe to 1 training.
In accordance with the law of January 6, 1978, the User has the right to access, modify, rectify and delete personal data concerning him that he can exercise by email on the email on the contact @ mattberthou site. com and this, without prejudice to the right he also has to oppose for just cause the processing of his personal data.
4. Accessibility of the Site
Mattberthou makes its best efforts to make the Site available 24 hours a day, 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this article.
Access to the Site and its content is provided on the basis of an “as is” service and accessible according to its availability.
Mattberthou does not provide any express or implied warranty as to the inviolability of all or part of the Site and its permanent accessibility to the content.
Mattberthou cannot guarantee that certain characteristics of the Products (in particular the colors) presented on the Site exactly reproduce the Products, the fidelity depending in part on the quality of color rendering of the computer equipment of each User.
Mattberthou undertakes to use its best efforts to ensure the operation of the Site and its access under the best possible conditions.
Use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, and in particular those relating to technical performance, response times for consulting, querying or transferring information, and the risks inherent in any connection. and transmission over the Internet.
Consequently, Mattberthou cannot be held responsible for any damage that may be suffered by a User, in particular and without this list being restrictive, in the following cases:
1. operational or information losses, resulting from possible malfunctions, breakdowns, delays or interruptions of access to the Internet network;
2. the transmission and / or reception of any data and / or information on the Internet;
3. the consequences of any virus, computer bug, anomaly, technical failure;
4. failure of any receiving equipment or communication lines;
5. the loss of any electronic mail and, more generally, the loss of any data;
6. for any damage caused to the computer, PDA or smartphone etc. an Internet user who connects to the Site;
7. any technical, hardware and software failure of any kind which has prevented or limited the possibility of using the Site or having damaged the system of an Internet user who connects to the Site;
8. any failure or manifest error (in particular technical, material, software, price display, translation, etc.) of any kind, having prevented or limited the possibility of using the Site or having misled a user who connects to the Site; and or
5. Responsibility as a Host
The User undertakes, at first request including in the event of a non-final court decision, to indemnify and compensate Mattnerthou for any damage, loss, loss of profit, complaint, liability and costs, including fees and consulting costs. that mattberthou should be brought to bear if its liability was incurred by a third party, due to a claim or an action related to this use of the Service by the User.
The User is informed that Matberthou can communicate all information relating to him, including personal information, to the competent services responsible for the repression of fraud and offenses.
The Site may contain links to other websites which remain beyond the control of Mattberthou. Mattberthou declines all responsibility in the event of non-compliance with the rules concerning data protection or the content of these websites.
6. The Order and the Validation of the Transaction
The order and validation of the purchase of Product (s) by the Customer are made, unless otherwise indicated on the Site, according to the following steps:
- the Customer connects to the Site;
- the Customer chooses the number of the photo (s) he wishes to purchase and its caption under the photo.
- the Customer fills in any missing personal information from his account, if he has not done so previously;
- the customer clicks on order.
- the Customer reads and accepts expressly and without reservation the T & Cs;
- the Customer validates the order, the price of the photo (s), by clicking on “Pay my order”;
The order will then be confirmed only after acceptance of payment by the Customer’s bank and receipt of the total amount of the order by Mattberthou. Mattberthou reserves the right to cancel any order from a Customer with whom there is a dispute over payment for a previous order;
The Customer then receives his photo by email on the email he gave when ordering according to the instructions given to him by Mattberthou.
7. Retention of title
All Works sold on the Site remain the entire property of Mattberthou until full receipt of the sale price paid by the Client to Mattberthou.
The customer agrees to use the purchased photo (s) under a standard license. Any use under an extended license without permission from Mattberthou will result in prosecution.
8. Payment and Terms
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. No cash on delivery will be accepted, whatever the reason.
The Customer pays for his order by PAYPAL.
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
Any order placed on the Site implies a guarantee on the part of the Customer that he has all the necessary authorizations to use the means of payment made available on the Site.
Mattberthou reserves the right to suspend or cancel any order if it encounters difficulties in collecting payment.
Although Mattberthou uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed by Mattberthou. Mattberthou cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from a failure or delay in the transmission of electronic communications, from interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.
To fight against fraud, Mattberthou has set up a system implementing exclusion lists, which can lead to:
(I) request, in order to secure the transaction, certain supporting documents once payment has been made, in the event of an automatic alert triggered by the information relating to the order; and or
(II) block any order from a Customer account previously at the origin of fraud.
Sending photos is done immediately upon confirmation of the order and receipt of the price by Mattberthou. The shipment will be made to the email address that the Customer will have indicated on his order.
In the event of an error in the wording of the contact details of the Customer’s email, Mattberthou cannot be held responsible for the impossibility of delivering the photo (s) ordered.
11. Intellectual property
1) Rights in the work
Mattberthou remains the owner of the copyright to its creation, within the meaning of French law. The rights of representation and reproduction of works on the Site belong to its author. Its authorization is necessary for any exploitation of these rights.
The Customer’s rights to the purchased work are therefore limited to an exclusively private right of use, excluding any right of representation and reproduction beyond the standard license.
2) Intellectual property rights
All the elements on the Site and the Site itself are protected by copyright, trademark law, designs and / or any other intellectual property right. By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, brands, models, software, etc. These elements belong to Mattberthou.
As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) are prohibited without the prior written authorization and express of Mattberthou, apart from the exceptions referred to in article L 122.5 of the Intellectual Property Code, under penalty of constituting an offense of infringement of copyright and / or designs and / or trademarks.
12. Entire T & Cs
If one or more stipulations of these GCUS are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will retain all their force and all their scope.
13. Applicable Law and Attribution of Jurisdiction
These CGUV are subject to French law. Any dispute relating to their interpretation and / or their execution is exclusively a matter for French courts.
In the event that a dispute arises from this contractual relationship, the User and Mattberthou undertake, before any legal action, to seek an amicable solution to their dispute.