General Terms and Conditions of Sell,
General Conditions of Use
(GTCS / GCU)

Introduction

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.

2. Prices

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.

 

3. Registration

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
indirect damage.

 

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.