Terms and Conditions

The General Terms and Conditions apply between Fotini Mouth, 4 rue Chopin, 67000 Strasbourg (France), registred in Strasbourg under number 80950157000018, hereinafter «Photyne»,and any person willing to purchase on the online shop «photyne.com», hereinafter «the client».

 

Article 1: Scope

 

Placing an order on the website «photyne.com» implies full and unreserved acceptance of these General Terms and Conditions.

The original version of these General Terms and Conditions is drawn up in French. It alone shall be binding and shall prevail over any other version translated in a foreign language.

No special terms may prevail over these General Terms and Conditions without the formal and written acceptance of “Photyne”.Any contrary terms raised by the customer shall therefore be unenforceable upon “Photyne” unless expressly approvedby the latter.

We reserve the right to vary these terms and conditions at any time without notice.

Any failure to exercise a prerogative recognised by General Terms and Conditions at any point in time, or any failure to request the performance of any provision of the agreement arising from these General Terms and Conditions, shall not under any circumstance be interpreted as a modification of the contract, nor as an implied or express renunciation of the right to exercise that prerogative in the future, nor of the right to request the rigorous performance of the commitments provided hereunder.

 

Article 2: Products

 

« Photyne »offers for sale products that are accurately described on the web site that is accessible at the following address: http://photyne.com.

Please note that the photographs illustrating the products may slightly differ from reality due to lighting during the shots or screen settings.

Furthermore, as it concerns hand-crafted creations, the articles may present an uneven finishing, difference in size and/or colour which cannot be considered to be defects. The validity of the order cannot be affected by the above.

 

Article 3: Prices

 

The price must be paid in full when placing the order. It is quoted in euros,excluding delivery expenses. Those shall be borne by the client. They are indicated expressly before the placing of the order.

However, “Photyne” is entitled to modify the prices featuring on its web site at any moment in time.

In the case of a delivery outside the French territory, custom formalities and fees are the exclusive responsibility of the client, unless otherwise specified. For all countries outside of the European Union, delivery is made on a DDU basis (Delivery Duty Unpaid). This means the recipient will be liable for any local sales taxes or import duties which may be charged on the purchase.

 

Article 4: Orders

 

The clientthat wishes to place an order will need to identify her/himself by filling in the order form available online and follow the instructions.

After having checked the content of the order as well as its total cost and having corrected possible errors, the client will then confirm it definitively. This validation is tantamount to the conclusion of the contract and is worth acceptance as of the General Terms of Sale.

The client will then pay online.

An order confirmation e-mail will be sent by “Photyne”.

 

Article 5: Payment

 

Payment is due at the time of ordering. All orders are payable in euros.

The client will be responsible for any additional banking expense -such as foreign exchange commission…- even in the case of a repayment.

The payment for purchases can only be made by credit card or bank card. The client guarantees to Photyne that he has all legal authorisations to use the payment card, during the validation of his order form.

The client will need to transmit his bank card number, according to card type, the expiry date of the card, as well as the security number (3 figure number which is at the back of the bank card).

The financial information will be transmitted, by means of an encryption protocol, to PAYPAL or to the banks providing services related to electronic distance payments, without third parties being able to have access to it.

Should it not be possible to debit the card by the price of the order including all taxes and delivery costs, the online sale shall be rescinded immediately as of right and the order shall be cancelled.

All products remain the exclusive property of Photyneuntil the price has been paid in full.

 

Article 6: Delivery

 

The delivery costs shall be borne in full by the Client. They will be offered for orders above 200 euros.

The goods shall be delivered to the address provided by the Client.

Photyne is entitled to claim the immediate and full payment of any additional expenses resulting from non-delivery of the ordered goods (wrong address, refusal of acceptance of the order...).

The client will receive an electronic invoice at his e-mail adress.

Products travel at the risk of client. It is its responsibility to make any observation or complaint in accordance with article 6.

The goods shall be delivered in France within 48 hours by La Poste (Colissimo).

The goods shall be delivered outside France within 4 to 9 daysby La Poste (Colissimo).

In case of unavailability of the products ordered, the Client shall be informed by electronic mail. He may then request a refund or wait until the products are available again.

Photyneshall not be held responsible for delays in delivery or non-delivery due to certain circumstances beyond its control.

Despite the care taken in preparing orders, an error may occur. If the product delivered does not correspond to the order, the Clientmust inform Photyne by e-mail (photyne@photyne.com) within 3 days to obtain a free replacement or a refund.

 

The Client must check the packaging as well as the goods upon delivery. If he notes any anomaly such as damaged or opened packaging, he must list all necessary objections clearly and accurately on the delivery order presented by the postmaster and inform Photyne by e-mail (photyne@photyne.com). Otherwise, the parcel is considered as delivered and no claim will be admitted.

 

Article 7: Right of return

 

In accordance with article L. 121-20 of french Consumer Code, the Client has 14 days after the order has been placed, to return the products he purchasedfor reimbursement.

The costs of returning the goods in case of retraction shall be borne by the Client.However, if the return is due to an error made by Photyne (such as delivery of the wrong product) Photyne will reimburse, in addition to the purchase price, the costs of returning the product.

Photynewill only accept the exchange and reimbursement if all the conditions stipulated below are respected:

- The client wil inform Photyne by e-mail of his intention to return the product within the deadline outlined in this article.

- The product must not have been worn,changed, cleaned, or damaged.

- The product must be returned in its original packaging accompanied by the invoice.

- The client will return the package within 7 days from the delivery of his order. He will keep the certificate of postage safe as he will need it as a proof of return.

The client will be refunded within 30 days from the date of notification.

 

Article 8: Personal data

 

Photyne website agrees not to share with third parties all personal information provided by the Client. This information is confidential and will only be used to process the order.

In accordance with the French Data Protection Act (6 January 1978), the Client has the right to access, change and cancel the personal dataabout him. In order to do so, he will need to make the request by letter to the following address: 4, rue Chopin – 67000 Strasbourg.

The Client agrees to receive promotional offers by e-mail.

 

Article 9: Intellectual property

 

The copyright and other intellectual property rights in all material used on this Website (trademark, designs, models, logo, graphics, texts, photos, videos etc…) are the exclusive property of Photyne.

Any use of extracts from this Website, for any purpose, is prohibited. No part of the Website may be edited, copied, reproduced, altered, enhanced or in any way exploited without Photyne’s prior written permission.

 

Article 10: Customer service

 

For all inquiries or claims the Client can contact Photyne by e-mail (photyne@photyne.com).

The Client is hereby expressly notified that:

- silver oxidizes naturally with air and humidity and that the gold patina of gold plated jewellerytends to disappear over time or when in contact with cosmetics, perfumes, sweat, bleach etc...

- Although porcelain is quite robust, it must be protected from falling, bumping or scraping. Therefore, Photyne disclaims any liability for normal wear and tear of the goods or for any damage due to falling or discoloration caused by oxidation or contact with any active substance.

 

Article 11: Applicable law and competent jurisdiction

 

The present Terms & Conditions are governed by French law.

Any litigation of any nature will be submitted to the relevant court of justice in Strasbourg, France.