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General Terms and Conditions of Sale

Preface

The present general terms and conditions of sale govern the contractual relationships between:

  • Caroline D, Self-employed, hereinafter referred to as “The Seller”.
  • And, any natural or legal person who places an order on the Seller’s website, hereinafter referred to as “the Buyer”.

The present general terms and conditions of sale apply within the framework of the online sale of digital products and services offered by the Seller (hereinafter referred to as “Services”) for any order by the Buyer on the websites wildycaro.com (hereinafter referred to as “the Site”).

For any information regarding the collection and processing of your personal data, please consult our Privacy Policy.

Article 1 – Acceptance

The present general terms and conditions of sale, applicable as soon as they are online, detail all the obligations of the parties:

  • The Buyer is deemed to accept them without reservation.
  • The Seller and the Buyer agree that the present general terms and conditions of sale exclusively govern their relationship.
  • The Seller reserves the right to modify the general terms and conditions of sale, provided that the Buyer is informed in advance.
  • If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector where the companies are based in France.

Any order placed online on the Site constitutes full and unconditional adherence and acceptance of the present general terms and conditions of sale.

Article 2 – Purpose

The present general terms aim to define the rights and obligations of the parties within the framework of the sale of the following “Services”:

  • Digital photos
  • Digital subscriptions

Article 3 – The order

The Buyer has the option to place their order online from the Site.

Any order implies acceptance of the prices, descriptions of the services available for sale as well as the present general terms and conditions of sale. To place the order, the Buyer must choose the product that suits them, then click on the order button and provide the necessary information for processing the order.

In certain cases, particularly in the event of non-payment, incorrect address, or other issues with the buyer’s account, the Seller reserves the right to block the Buyer’s order until the issue is resolved.

For any questions regarding the tracking of an order, the Buyer must contact the Seller by email at the following address: caroline@wildycaro.com

Article 4 – Electronic signature

The payment of the order will serve as proof of the Buyer’s agreement in accordance with the provisions of the law of March 13, 2000 and will constitute:

  • the enforceability of the amounts due under the purchase order,
  • the express signature and acceptance of all operations carried out.

In the event of fraudulent use of the PayPal account or their credit card, the Buyer is invited, upon noticing this use, to contact the Seller by email at the following address: caroline@wildycaro.com

Article 5 – Proof of transaction

The data recorded in the Seller’s computer system, computerized registers of the Seller, emails, constitute proof of all transactions, communications, orders, and payments concluded between the parties.

Article 6 – Price

The price is in accordance with the rate in effect at the time of the order.

  • The Seller reserves the right to modify its prices at any time, but commits to apply the rates in effect indicated at the time of the order.

All prices are indicated including all taxes (TTC).

  • The prices take into account the applicable French VAT on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the services offered. As a self-employed business, VAT is currently not applicable.
  • If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change could be reflected in the selling price of the products and services.

As a rule, the price is payable in full before the provision of the ordered Services.

In all cases:

  • The payment of the total price displayed on the Site must be made at the time of the order, including for pre-ordered products.
  • At no time can the amounts paid be considered as deposits or down payments.
  • No payment deadline is granted.

Article 7 – Payment method

The accepted payment methods are: Credit card (via Stripe or PayPal), Google Pay, Apple Pay.

Checks are not accepted.

For payment by bank transfer, please contact Caroline directly by email: caroline@wildycaro.com

When the Buyer places an order on the Site, payment is made on the date of the order, including for pre-ordered products. Payment is made by:

The transmitted information is encrypted and secured so that it cannot be read during transport over the network. Any guarantee regarding the security of this system is entirely the responsibility of the company Stripe or PayPal, and cannot be attributed to the Seller.

Once the payment is initiated by the Buyer, the transaction is immediately debited after verification of the information. In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay made by card is irrevocable. By communicating their banking information during the sale, the Buyer authorizes the Seller to debit their card for the amount relating to the indicated price. The Buyer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved by operation of law and the sale is canceled.

The Buyer guarantees the Seller that they have any necessary authorizations to use the payment method chosen by them when validating the purchase order.

Article 8 – Delivery terms

For digital products

The download links for the ordered products will be automatically provided to the Buyer once the payment service Stripe or PayPal has received confirmation of payment from the Seller’s banking organization.

The Buyer will also receive by email the access details to their account grouping their orders.

For security reasons, the photo can only be downloaded once. If the buyer wishes for a copy, they must inform the seller who will provide the purchased photo, and if it is no longer available, a voucher for a new photo.

For any order

Access to the “My account” areas and content reserved for subscribers is strictly confidential. The Buyer agrees not to share these codes with others. In case of breach, access may be revoked by the Seller.

Article 9 – Suspension

The Seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment.

The Seller also reserves the right to suspend, refuse to make a delivery or honor an order from a Buyer who has not fully or partially paid a previous order or with whom a dispute is being administered.

Article 10 – Right of withdrawal

Article L.121-20 of the Consumer Code states that the Buyer has a right of withdrawal of 14 clear days from the validation of their order to notify the Seller by email, without penalty, of their withdrawal and obtain a refund of the amounts paid.

However, the fourteen (14) clear day withdrawal period does not apply to “digital content provided on an intangible medium and subscription contracts for these services whose execution has begun with the consumer’s agreement and for which they have waived their right of withdrawal”.

Consequently:

  • The digital products for download cannot be refunded or exchanged, due to the digital nature of the product (instant transaction, no return possible).

Article 11 – Customer reviews

Following their order, the Buyer may leave a review on the Site regarding the quality of the Seller’s service or product.

  • The Buyer is informed that the Seller does not carry out any verification or moderation regarding the comments published by the Buyer.
  • The Buyer is therefore required to moderate and agrees to be as objective as possible.
  • Nevertheless, the Seller reserves the right to modify or delete comments that may be insulting, threatening, and/or inciting racial hatred in case of reporting by a Buyer.

Article 12 – Intellectual property

The content of the Site, the products, services (e.g., photos and subscriptions), are the property of the Seller and are protected by French and international laws relating to Intellectual Property.

The Seller remains the owner of all intellectual property rights of the products and content with a view to providing services to the Buyer, and more specifically, without this list being exhaustive, on texts, images, photos, videos, audios, or any other digital content.

In other words, all elements of the Site and the elements provided or used during services are and remain the intellectual and exclusive property of the Seller.

  • /dev/null is not authorized to reproduce, exploit, copy, redistribute, transmit or use in any way, even partially, elements of the site whether software, visual or sound.
  • They cannot in any case be resold or made available to the public in any form, including electronic.
  • Furthermore, the Buyer is prohibited from removing copyright notices, trademarks, or any other legal mention appearing on the content offered by the Seller.

In case of violation of this prohibition, the Seller reserves the right to permanently suspend the provision of Services to the Buyer, expose them to legal action, and seek damages.

Article 13 – Buyer’s obligations

The Buyer agrees to use the Site legitimately, in compliance with applicable regulations.

  • The Buyer does not infringe the rights of third parties and remains solely responsible for the use of the Site and the content they may publish.
  • The Buyer agrees to (i) not use the Site for illegal purposes; (ii) not publish or transmit illegal content via the Site, such as content relating to the glorification of crimes against humanity, incitement to racial hatred and violence, pornography, infringement of human dignity as well as any discriminatory, defamatory, insulting content or likely to infringe on privacy.

The Buyer acknowledges having suitable computer equipment with a proper internet connection to use the Seller’s Services and is responsible for their own equipment.

In the context of providing the Services, the Buyer agrees to:

  • Personally use the content made available by the Seller following the order;
  • Not copy the content made available by the Seller, in accordance with the “Intellectual Property” article;
  • Not share their access codes with a third party so that they can access the content offered by the Seller.

Consequently, in the event that the Buyer fails to comply with their aforementioned obligations, the Seller reserves the right to permanently suspend the provision of Services to the Client and seek damages.

Article 14 – Seller’s responsibilities

The Seller guarantees, in accordance with legal provisions, the Buyer, against any lack of conformity of the Services and any hidden defect, resulting from a design or supply defect of said Services to the exclusion of any negligence or fault of the Buyer.

  • The Seller’s liability can only be engaged in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damage, of any nature whatsoever.
  • In order to assert their rights, the Buyer must, under penalty of forfeiture of any related action, inform the Seller in writing of the existence of defects within a maximum period of fifteen (15) days from their discovery.
  • The Seller will rectify or have rectified, at its sole expense, according to the appropriate methods and agreed upon by the Buyer, the Services deemed defective.
  • In any case, if the Seller’s liability is retained, the Seller’s guarantee would be limited to the amount excluding tax paid by the Client for the provision of the Services.

The Seller cannot be held responsible for damages suffered by a Buyer, for non-functioning or poor conditions of use of the site attributable to unsuitable equipment, internal malfunctions of the user’s access provider, network congestion, and for any other reasons external to the Seller.

Article 15 – Force majeure

In accordance with Article 1218 of the Civil Code, force majeure is defined as an event of an insurmountable and irresistible nature, resulting from a fact external to the control of the parties.

By express agreement, constitutes a case of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals:

  • Occurrence of a pandemic or a state of health emergency imposing confinement;
  • The blocking of means of transport or supplies;
  • Occurrence of acts of terrorism disrupting the continuity of commercial relations;
  • The interruption of telecommunications networks or difficulties specific to telecommunications networks external to the Buyer and the Seller;
  • National scale social movements;
  • Earthquakes, fires, storms, floods, lightning.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence as well as their cessation.

  • Cases of force majeure are considered as causes of exemption from the obligations of the parties and result in their suspension.
  • The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue.
  • The Seller cannot be held responsible if the non-execution or delay in the execution of any of its obligations results from a case of force majeure.
  • Delays or non-execution resulting from cases of force majeure cannot give rise to compensation, late penalties, or payment of damages.

Article 16 – Hyperlinks

Hyperlinks may refer to other sites than the Seller’s Site. The Seller disclaims any responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 17 – Applicable law

The present general terms are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. The language of this contract is French.

In case of dispute or claim, the Buyer will primarily contact the Seller to obtain an amicable solution.

Failing that, the Buyer may initiate proceedings before the Commercial Court of Nancy, the location of the Seller’s registered office.