Terms of sale

The site “poda-photo.com” is published by the company PODA S.A.S with capital of 1000 euros, whose head office is located at 27 bis rue Pierre Sémard - 34200 Sète, France, registered in the Montpellier trade and companies register under the number 982 313 769.

Article 1 - Completeness

The general conditions of sale detailed below govern the contractual relations between any buyer of the poda-photo.com site and the seller. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 - Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website: www.poda-photo.com.

Article 3 - Pre-contractual information

By validating the order, the buyer unreservedly accepts the General Conditions after having read them. By accessing the poda-photo.com site, the buyer undertakes to respect these conditions. It is specified that these conditions govern the sales of PODA(s) on the site, it being understood that a PODA (hereinafter referred to as "PODA") is an unnumbered 9x12 cm art photograph framed in a box. cardboard bell which makes the frame. Beforehand, an agreement was made between the artists or their representatives and PODA S.A.S. These conditions apply, to the exclusion of all other conditions, in particular those in force for sales in the PODA S.A.S Galleries (hereinafter referred to as the " Galleries") or in stores distributing PODA(s).

Prices are indicated including all taxes, excluding shipping costs. Only payments in euros are accepted. For all orders shipped outside the European Union and Overseas Territories, customs duties or other local taxes or import duties or state taxes may be payable.

PODA S.A.S reserves the right to modify its prices at any time. PODA(s) will be invoiced based on the rates in effect at the time of order registration, subject to availability. The PODA(s) remain the property of PODA S.A.S until full payment of the indicated price.

Article 4 - Use of the site

To use the poda-photo.com site, the buyer must be at least 18 years old, be legally capable of entering into a contract and use this site in accordance with these General Conditions. The buyer guarantees the veracity and accuracy of the information provided on this Site. PODA S.A.S 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.

4.1 The order

The buyer must at least go through the following steps:

Consultation of the sheet presenting a PODA then “Add to basket” to add this item to your basket.
“Basket” screen: you can delete an item or modify the quantities ordered.
Screen for identification or creation of a customer account.
Delivery method selection screen. On this screen a link is provided to modify the items in the order.
Summary screen and payment choices. This screen allows you to choose the payment method and check the different elements constituting the order (items, quantity, delivery method, total price). The buyer must ensure that all these elements comply with his request. Thanks to the links on this screen, the buyer has the possibility to modify their order.
The buyer must accept the 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 “CGV”. Their acceptance is done by checking the box attached to the link to these conditions. The general conditions of sale and use of the site must be accepted with each order.
The contract is concluded upon confirmation of payment by the bank.
The site sends an order confirmation by email within a few minutes.

4.2 Payment method

This is an order with obligation to pay, which means that placing the order involves payment by the buyer. Several payment methods are available to pay for the order such as: Credit card, virtual credit card, Visa, Mastercard, Paypal.

4.5 Delivery

PODA S.A.S delivers to mainland France and 26 countries (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands , Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden). Delivery to another country: on request.

Delivery will be made to the delivery address validated at the time of ordering as the “delivery address”, this address may be different from the “billing address”.

The possible delivery methods depend on the quantity, size of the item(s) ordered and the country of delivery. PODA S.A.S reserves the right to choose the carrier.

The indicative delivery times are (7) seven working days (excluding Saturdays, Sundays and public holidays) from the sending of the Delivery Email.

The lead time may be slightly longer when products must be delivered to areas with difficult access. For deliveries to a delivery point, an email or SMS will be sent as soon as the package arrives at the chosen delivery point. From the day of delivery, the package can be collected upon presentation of an identity document.

Delivery times are estimates only and are not guaranteed. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.

4.6 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 destination country, hereinafter referred to as “Import Fees”. The recipient of the order agrees by placing the order to be designated importer of record in the country in which the order is received and is responsible for import costs. For each imported item, you authorize PODA S.A.S to designate a carrier to act as an intermediary with the competent authorities for the management and payment of import costs in the country of destination. The buyer also accepts by placing an order that the carrier can share with PODA S.A.S the amount of these import costs. In the case of an order placed as a gift or as an intermediary for another person, you agree to give the above authorizations on behalf of the recipient named in your order. For details of actual import charges, or to obtain customs clearance documents or receipts, you may contact the designated carrier listed in your shipment confirmation.

4.7 Receipt of delivery

When receiving the order, it is the buyer's responsibility to open the package to check the status of the order. The person responsible for receiving the package must carry out this check. In the event of a problem, the package must be given to the delivery person (La Poste or private carrier) stating the problem encountered and contacting customer service the same day.

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

Article 5 - Right of withdrawal

In accordance with article L221-18 of the Consumer Code, the buyer has a right of withdrawal to return the order. Return costs are the sole responsibility of the buyer. This right does not apply to gift card orders.
For any order on the site, the buyer has 14 calendar days to report their return request.

Items returned without their original packaging or incomplete, damaged, damaged or soiled by the buyer are not returned. Return costs are his responsibility.

PODA S.A.S will refund the price of the returned items as well as the initial shipping costs within 14 days of receipt of the items or receipt of proof of shipment of the items.

For any information or questions, the buyer can contact our customer service by email or by telephone.

Article 6 - Force majeure

Pursuant to article 1148 of the Civil Code, PODA S.A.S cannot be held responsible or considered to have committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure.

Article 7 - Intellectual property

The content of the website (documents, photographs, texts, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 8 - Information Technology and Freedoms

The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. In application of law n°78-17 of January 6, 1978 as amended relating to data processing, files and freedoms, of European protection regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free circulation of these data, www.poda-photo.com informs the buyer of its commitment to respect the confidentiality, integrity and security of the data that the buyer will be required to communicate to it by through the Site.

Any personal data identifying the buyer directly (notably the name, first name, postal, electronic, telephone contact details) or indirectly (notably the computer traces left by browsing the Site) are considered confidential data and are treated as such. , subject to developments in the legal framework on the qualification of personal data.

With the buyer's consent when required, poda-photo.com may use the data provided for commercial prospecting purposes (for example to send newsletters, send invitations to events or any other communication likely to be of interest the buyer and display targeted advertisements on social networks or third-party sites).

With regard to promotional emails containing news or advertising, the buyer can withdraw their consent at any time by clicking on the unsubscribe link provided in each mailing.

Article 9 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 10 - Applicable law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution. The French courts will have sole jurisdiction.