1. General principles
GT COMPANY, under the brand name AGFAPHOTO, is in the business of distributing high-tech consumer equipment (hereinafter referred to as the "Products") over the Internet via the Site which can be accessed at the URL address www.agfaphoto.com (hereinafter referred to as the "Site").
These General Terms and Conditions of Sale define the terms and conditions of online sales concluded between GT COMPANY and any consumer making a purchase via the Site.
The original version is in the French language. They are also available in English and German. Only the French version of the General Terms and Conditions of Sale is legally binding and shall take precedence over any other version.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions. They can be consulted by the Customer on the Site at any time and are automatically sent to the Customer before any order is placed and when the order is registered.
When opening a Customer Account, clicking on the button "I accept the general terms and conditions of sale" indicates the Customer's consent to the application of these general terms and conditions of sale.
The Customer acknowledges having read and understood the following provisions before placing an order for Products.
Accordingly, placing an order constitutes full and unreserved acceptance by the Customer of these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same way and under the same conditions as any other written document maintained in paper format.
The fact of not exercising, at any time, a right granted by the present General Terms and Conditions of Sale, or of not requiring the application of any requirement of the agreement resulting from the said Terms and Conditions may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise the said right in the future, or of the right to require the rigorous performance of the commitments entered into herein.
In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions will remain in force.
Modification of the General Terms and Conditions of Online Sale
In view of potential development of the Site, GT COMPANY reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Accordingly, GT COMPANY advises the Customer to consult the General Terms and Conditions of Sale before placing any new order. The General Terms and Conditions of Sale in force at the time will apply to all orders placed from the date on which they are published online.
2. Age of majority and legal capacity
The Customer declares that he/she is legally capable of entering into this Contract, the General Terms and Conditions of Sale of which are set out below, i.e. that he/she is of legal age and not under guardianship or curatorship.
3. Products
The essential characteristics of the Products are detailed for each Product in the online catalogue. They have been provided to the Customer prior to the order being placed, as part of the pre-contractual information supplied to the Customer.
4. Customer Account
To place an online order on the Site, it is necessary to create a Customer Account.
To create an account, the Customer will be asked to indicate:
- title
- first name
- surname
- email address
- date of birth
- telephone number
Once the Customer Account has been created, a confirmation email summarising the information provided will be sent to the address previously entered by the Customer.
The Customer undertakes to provide GT COMPANY with accurate, up-to-date and complete data and to maintain its accuracy. The Customer undertakes not to create an account under a false identity. It is the Customer's responsibility to keep their details up to date.
The login ID is the Customer's email address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties for any reason whatsoever. The Customer is responsible for their password. If the Customer becomes aware that his/her account is being used fraudulently, the Customer undertakes to notify GT COMPANY immediately.
5. Ordering
The Customer places his/her order from GT COMPANY's online catalogue accessible on the Site.
Orders can only be placed via the Site.
It is hereby stipulated that ALL ORDERS MADE ON THE WEBSITE ARE ORDERS REQUIRING PAYMENT.
Any order implies acceptance of the description of the Products and the prices in force on the day of the order.
To place an order online on the Site, the Customer must:
fill their basket with one or more Products;
log in with their email address and password if they already have a Customer Account, or create a Customer Account;
enter the billing and/or delivery address;
choose the delivery method.
Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the terms and conditions of the order. They choose their payment method. They may, if necessary, modify the order or review it before finally confirming it.
The order will not be definitively registered until the final confirmation of the order summary screen. This action is equivalent to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code.
By means of this action:
the Customer confirms his/her order and declares that he/she accepts the order and these General Terms and Conditions of Sale in full and without reservation; and
the order is considered irrevocable and may only be contested in the cases expressly provided for herein.
The Customer may print out the order form corresponding to their order.
6. Order confirmation
As soon as the Customer has registered his/her order, a detailed acknowledgement of receipt will be sent to the email address previously provided. This acknowledgement of receipt specifies the exact amount invoiced, the products ordered and their quantity, the terms of delivery of the order and refers to these General Terms and Conditions of Sale. This acknowledgement of receipt constitutes acceptance of the order by GT COMPANY and will confirm the transaction. The Customer accepts that the systems used to record the order constitute proof of the purchase and its date. By saving this email and/or printing it, the Customer has proof of his/her order which GT COMPANY recommends that he/she keeps.
This email confirms that the Customer's order has been recorded by GT COMPANY and not that the Product ordered is available.
GT COMPANY undertakes to honour online orders only while stocks last.
In the event of unavailability, GT COMPANY undertakes to inform the Customer as soon as possible by email or telephone. If the Product ordered is unavailable, the Customer has the option of either cancelling or modifying the order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.
7. Price
Product Prices
ORDERS PLACED ON THE SITE ARE ORDERS REQUIRING PAYMENT. The prices of the Products are indicated in euros, inclusive of all taxes. They include VAT in force in France on the day of the order.
The prices advertised do not include delivery costs, which are generally payable by the Customer, in accordance with the provisions of article 9 below.
Promotional offers may not be combined. They are only valid within the validity period of the offer in question and while stocks last.
Costs of using a remote communication method
Access to the Site is via the Internet.
The cost of access to the Internet by means of a remote communication service shall be borne by the Customer.
Shipping costs
Costs of shipping and/or return shall be borne exclusively by the Customer, except in the limited cases provided for in article 11 hereof, relating to non-conformity or defect of the Product. They include order processing and packaging.
However, by way of derogation, for any Product order over 69 euros including tax in metropolitan France, the initial delivery costs are borne by GT COMPANY with delivery to a Point Relay with the GLS carrier. Home delivery in France is free for orders over €79 including VAT. For other countries, delivery charges may apply. These vary according to the country of delivery and the value of the order.
8. Payment
Payment for the order must be made in full on the day the order is placed. Payment within the meaning of this article shall be deemed to have been made when the funds are actually made available to GT COMPANY.
Payment terms
Invoices are payable in euros at GT COMPANY's registered office.
Payment is made online when the order is placed by credit card (Carte Bleue, Visa, Mastercard, American Express) or via PayPal.
Free payment in 3 or 4 instalments with FLOA
Our financial partner FLOA offers payment solutions for your purchases of goods and/or services, deferred payment, in 3 or 4 instalments by bank card. These payment solutions are reserved for private individuals (over 18 years of age) residing in France, holding a Visa or MasterCard bank card with a validity date corresponding to the duration of the refund. FLOA, RCS Bordeaux 434 130 423, whose registered office is at Immeuble G 7 71 Rue Lucien Faure, Bordeaux 33300, is subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (4 Place de Budapest, CS 92459 75436 PARIS CEDEX 09 and registered with the ORIAS under number nn°07 028 160 www.orias.fr).
FLOA reserves the right to accept or refuse your request for finance. You have a statutory cooling-off period of 14 days.
To find out more, click here.
We draw your attention to the fact that if you ask to pay for your order of goods and/or services by means of these payment solutions, your personal data will be transmitted to FLOA for the purposes of studying your request for financing, managing your credit contract and, where applicable, debt collection. For more information, click here.
In all these cases, the order will be processed on receipt of payment and subject to its clearance.
In the event of refusal by the bank, the order will be automatically cancelled.
Transaction security
In order to maximise the security of transactions on the Internet, the Site uses an SSL (Secure Socket Layer) online payment system, so that every effort is made to ensure the confidentiality and security of data transmitted when paying online.
Our STRIPE online payment system automatically checks the validity of access rights when paying by bank card and encrypts all exchanges to guarantee confidentiality.
To benefit from the SSL secure payment method, the Customer must use SSL-compatible browsers.
9. Delivery
Delivery terms
Delivery is carried out in mainland France and the following countries:
France / Zone 1: Belgium, Germany, Netherlands, Luxembourg.
Free home delivery from €79 (< €79 = €6.90 VAT fr)
Zone 2: Austria, Denmark, Portugal, Spain.
Free home delivery from €79 (< €79 = €7.90 VAT fr)
Zone 3 : Ireland, Poland, Czech Republic, Hungary, Slovenia, Slovakia.
Free home delivery from €100 (< €100 = €8.90 VAT fr)
Zone 4 : Sweden, Finland, Romania, Lithuania, Bulgaria, Latvia, Estonia, Croatia.
Free home delivery for orders over €100 (< €100 = €9.99 incl. VAT fr)
Zone 5 : Italy
Home delivery €10 VAT fr (no free home delivery)
In mainland France, delivery is made by several methods of the Customer's choice:
- express delivery in less than 48 hours by Chronopost
- standard delivery between 48 hours and 5 working days by GLS (average delivery time for France)
- delivery to a delivery point in the Mondial Relay network, a partner of the GLS carrier (France only)
In other countries where delivery is available, it can only be made as a standard delivery.
The tracking number will be sent to the Customer by email, so that they can follow the progress of their delivery.
Shipping costs will be charged at the rate in effect on the day of the order.
The Customer is made aware of the delivery terms and conditions before the order is definitively confirmed.
Delivery time
Delivery times are indicated on the Site when the order is placed. They vary depending on the delivery method chosen. If payment is received between midnight and midday (between 0:00 and 10:00), they begin to run from the date of payment receipt.
If the order is placed after 10.00 a.m., delivery times start to run on the next working day.
Although they are merely indicative, GT COMPANY will make its best efforts to respect the delivery times quoted when the order is placed.
In the event of a delay in delivery attributable to GT COMPANY, and if after having enjoined GT COMPANY by registered letter with acknowledgement of receipt or on any other durable medium (including by email with acknowledgement of receipt to the following address aftersales@agfaphoto-gtc.com) to effect delivery within an additional period of 15 days, it has not done so within this period, the Customer shall have the option of requesting cancellation of the sale of the Product by the same modalities.
In this case, the sale will be considered cancelled upon receipt by GT COMPANY of the letter informing it of the cancellation, unless GT COMPANY has performed in the meantime.
In the event of cancellation of the sale, GT COMPANY will reimburse the Customer within 14 days from the date of cancellation.
Failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever.
10. Receipt of Products
The Customer is obliged to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the delivery agent of any reservations he/she wishes to make regarding the condition of the Product delivered so that they can be noted on the transport document: damaged packaging, damage suffered, conformity with the order, etc.
Any complaint concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Site, as well as any damage related to transport, must be confirmed by the Customer to GT COMPANY within 48 hours of receipt of the Product either by registered letter with acknowledgement of receipt to the following address: 5 rue de la Galmy Immeuble Vega 77700 Chessy, or by email to the following address: aftersales@agfaphoto-gtc.com.
The Customer must provide full justification as to the authenticity of the non-conformities, damage or defects observed.
In the absence of a complaint within the aforementioned period and in accordance with the aforementioned conditions, the Products delivered will be deemed to have been accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorisation from GT COMPANY, specifying the address and procedures for returning the Product.
Once the return authorisation has been obtained, the Customer shall return the Products to GT COMPANY at the address specified on the return authorisation in accordance with the terms and conditions indicated.
Any Product returned without the agreement of GT COMPANY will be refused and returned to the sender at the latter's expense and risk.
To be validly returned to GT COMPANY and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by GT COMPANY, the Customer must use the same delivery method for the return of the Products as that chosen for the shipment of the Products ordered. In this case, the return costs will be covered by GT COMPANY by means of a return voucher or, failing that, by reimbursing the Customer for the actual amount of said costs (proof of postage costs must be enclosed with the parcel; in the event of absence, no reimbursement may be claimed by the Customer).
11. Guarantee
Guarantee of conformity and legal guarantee against latent defects
The Customer is covered by the legal guarantee of conformity (articles L. 217-1 to L. 217-19 of the French Consumer Code) and the legal guarantee relating to defects in the goods sold (articles 1641 to 1648 and 2232 of the French Civil Code).
12. Responsibility
Information
GT COMPANY makes every effort to ensure to the best of its ability that the information published on the Site is accurate and up to date. GT COMPANY reserves the right to modify this information at any time and without prior notice. However, it cannot guarantee the accuracy, precision or exhaustiveness of the information appearing on the Site. Accordingly, it accepts no liability for any imprecision, inaccuracy or omission in the information available, or for any damage resulting from fraudulent intrusion by a third party leading to modification of the information contained on the Site.
GT COMPANY cannot be held responsible for the hypertext links set up within the framework of this Internet Site that lead to other sites on the Internet. In fact, GT COMPANY has no means of controlling the Sites connected to its Site, of which the Customer is hereby expressly informed. Consequently, the risks associated with this use are fully borne by the Internet user, who must comply with the conditions of use specific to each Site.
Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. As a result, GT COMPANY cannot be held responsible for any errors in any of these photographs or texts.
Compliance of Products with applicable standards
GT COMPANY undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
Use of the Site
Use of and navigation on the Site are under the Customer's responsibility. GT COMPANY declines all responsibility and cannot be held liable for any damage or viruses that may affect computer equipment or any other material when accessing the Site, using the Site, navigating on the Site, or downloading any content, data, text, images or files from the Site.
Improper use/installation of the Product
GT COMPANY declines all responsibility and cannot be held liable for any damage caused to the Customer or to a third party due to use of the Product that does not comply with its intended purpose.
13. Right of cancellation
In accordance with article L. 221-18 of the French Consumer Code, a consumer who concludes a contract using a distance communication method has a cooling-off period of thirty (30) days from the date of receipt of the Product in which to cancel the order.
To exercise his/her right of cancellation, the Customer has thirty (30) days to inform GT COMPANY of his/her intention to cancel by completing and sending the cancellation form available here in a printable version or by sending the form online using the following link https://entreprendre.service-public.fr/vosdroits/R38397 or any other unambiguous statement expressing his/her wish to cancel.
The form should be sent to GT COMPANY's after-sales service, whose contact details are as follows:
GT COMPANY
After-sales service
5 Rue de la Galmy, Immeuble Le Vega,
77700 CHESSY
The form can also be sent by email to aftersales@agfaphoto-gtc.com.
Where the right of cancellation is communicated electronically by email, GT COMPANY will immediately send the Customer an acknowledgement of receipt of the cancellation.
If the price of the product(s) that the Customer wishes to return is greater than 99 euros including VAT, GT COMPANY will send a prepaid label to the Customer's delivery address allowing the product(s) to be returned at GT COMPANY's expense.
The Customer shall then send the Products within thirty (30) days of sending the cancellation form, together with a copy of the invoice. The costs and risks of returning the goods shall be borne exclusively by the Customer. The Products shall be returned to GT COMPANY at the following address: 5 rue de la Galmy, Immeuble le Vega, 77700 Chessy.
If the price of the product(s) that the Customer wishes to return is less than 99 euros including VAT, the Customer is informed that the cost of returning the Product(s) in the event of cancellation shall be borne exclusively by the Customer. The cost of returning the Product is the cost of initial delivery under the standard delivery method offered by GT COMPANY when the order was placed.
GT COMPANY undertakes to reimburse the Customer for the price of his/her order within 14 days of receipt of the Products or at least proof of shipment of the Products (whichever is earlier).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The Customer may be held liable in the event of deterioration of the Product by the Customer.
14. Intellectual property
The Customer has no intellectual or industrial property rights over the Products, packaging or wrapping, GT COMPANY remaining the exclusive owner of all these rights.
Any use in any way whatsoever by the Customer of the AGFAPHOTO brand or any other brand belonging to GT COMPANY or its suppliers and manufacturers is strictly prohibited, except with the agreement of GT COMPANY.
The content and structure of the Site are protected by copyright and intellectual property rights worldwide.
As such, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the French Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content on the Site (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited.
Failure to comply with this prohibition constitutes an infringement for which the offending party may be held civilly and criminally liable.
None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a licence to any intellectual property rights whatsoever.
15. Personal data protection and cookie policy
GT COMPANY declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of 27 April 2016 (RGPD) and the French Data Protection Act of 6 January 1978 as amended in accordance with the terms of its privacy policy to which the Customer agrees when creating his/her Customer account and which can be accessed here.
16. Force majeure
GT COMPANY shall not be held liable for any breach of its contractual obligations in the event of force majeure or unforeseen circumstances, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general, any event preventing the proper execution of orders.
17. Applicable law and jurisdiction
These General Terms and Conditions are governed by French domestic law, to the exclusion of any international convention.
In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will endeavour as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the Meaux Court of Justice shall have exclusive jurisdiction over any dispute or action concerning the interpretation, validity or performance of this concession contract and its consequences, including in the event of a guarantee claim.
18. Recourse to the Consumer Ombudsman
If you are a "consumer" within the meaning of the preliminary article of the French Consumer Code, you must first send us your complaint directly using the Site's contact form, selecting the subject "Complaint".
If this attempt fails, you may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of your complaint, to the competent consumer ombudsman in accordance with the provisions of Section 5 of Book I of the Consumer Code:
Mediation and Arbitration Centre of the Paris Chamber of Commerce and Industry (CMAP): 39 avenue Franklin Roosevelt, 75008 Paris.
consommation@cmap.fr
https://www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/
To resolve your dispute, you can access the European online dispute resolution platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/ .
If mediation fails, or if you do not wish to have recourse to it, you remain free to submit your dispute to the competent courts.
Dated at Chessy, 12th July 2024