Clicher

General Terms and Condition

This article describes the General Conditions of Sale of the Clicher photo printing service.

Clicher belongs to Groupe Pénélope Conseils, print specialist since 2007.

Company with a 10 000€ capital

RCS Toulouse n°808 577 597

Headquarters located in 229 route de Seysses, 31 100 Toulouse, France

N° SIRET : 808 577 597 00012

N° of VAT : FR 65 808577597

Contact: marinette@clicher.fr


1. Definitions / terminology


Product: refers to any product available from the Clicher application.

Application: mobile interface on which the service is proposed.

Visitor: refers to a potential user who has the application but has not yet validated a shopping cart.

User: refers to the person who completes a form in order to access the purchase of products.

Registration: refers to the procedure that allows any person to enter his / her personal details required in the registration form in order to access the service and to become acquainted with and accept these General Conditions.

 

2. Service Description


The Clicher application provides photo goods to its users. The user follows the proposed journey through the application and receives by mail the ordered products. The photo products are composed from photos provided by the user via his personal photo databases (gallery, Facebook, Instagram, Google Photo...). The products are made witha lot of care, however the user is invited to contact the Clicher customer service for any question at the following address: marinette@clicher.fr

 

3. Registration (Functioning - conduct & obligations)


In order to access the service, the user completes the registration form by reading and accepting the present general conditions.

He can also access to a user profile by connecting his Facebook account. His e-mail address will be the one associated to the user's Facebook account by default.

The acceptance of Clicher application automatically generates the creation of an account, the opening of a session and the subscription to the Clicher emailings. You can easily unsubscribe by clicking on “unsubscribe” in the emails.

You agree to provide accurate and complete delivery and billing information, which will allow us to send you information and deliver your order correctly. You agree to use only your personal accounts and commit not to use the account of others without their authorization.

The user is the only responsible for the content that he provides to the service for printing, sharing, displaying and publishing. He agrees that such data is not likely to prejudice the legitimate interests of third parties, whoever they are and that these contents do not contain illegal. Clicher has the right to refuse an order if we consider it goes against its moral values and ethics. 

 

4. Order (functioning - price - payment - order summary)


The use of the service is free, excluding the cost of the network connection operator. The products order required the user login. The user chooses the products of his choice and the quantities, he accesses to his cart, to confirm the order and activate the production of products and ensure delivery. The user have to identify himself and pay for his purchase.

The purchase payment is made by credit card ( Carte Bleue, Visa, Mastercard).

The amount of the order is debited at the time of validation of the order, the production procedure is validated only if the payment is accepted and carried out by the banking services. In case of refusal the order will be canceled. Banking transactions are done securely (SSL encryption). The payment supplier, Stripe, who secures purchases, keeps bank details for renewed purchases, a validation by the user being in any casenecessary in the case of a new order.

Once the order has been placed and validated, the user will receive a confirmation e-mail at the e-mail address indicated at registration, and the delivery time will be mentioned at the same time.

Clicher products can not be resold by customers or operated for commercial purposes.

 

5. Shipping (functionning - services - follow-up)


The products ordered will be shipped at the shipping address precisely indicated during the order.

The shipping duration and cost vary according to the products. These informations are specified at the order moment through the application and confirmed by e-mail. The products can be shipped in France, USA and Europe. If you want to be delivered in another country, please contact us.In the case of an ongoing order, the order number will be specified in the e-mail confirmation.

 

6. Guarantee


Clicher performs its contractual obligations with all possible care in use in its profession. As it is a computer service provided via the Internet, the customer is informed that, in the state of the art, the proper functioning of the services offered by Clicher depends on factors that are not entirely under his control .

Clicher does not guarantee that the services will be uninterrupted, timely or error-free, but that the results that can be obtained using the services will be corrected in the light of technical needs.

All materials downloaded or obtained from any other way during the use of one of the services are at the user risk. The user will be the only responsible for any damage suffered by his computer or any loss of data resulting from the downloading of this material.

Clicher does not guarantee the results obtained after photographic creations, these depend on the use of tools and materials used by the user.

However, by virtue of articles 1641 and following ones of the civil code,all products are covered by the legal guarantee against latent defects which render them unfit for their intended use, or which decrease so much the use that the buyer would not have acquired them or would have given them a lower price if he had known them.

It is specified that the legal guarantee of conformity can not be implemented for any delivery outside France and / or on the basis of subjective criteria (tint / color, quality and print mode on the product, gripping and finishing of the product ...) or if the consumer is responsible for non-compliance (pixelized photos, improper use of the object, deterioration due to improper handling...).

 

7. Retraction / Return / Refund


In accordance with article L.121-20-2, 3 ° of the Consumer Code, Clicher products do not give rise to a right of withdrawal, these products being specifically customized for the user.

Clicher does not guarantee the results obtained after photographic creations, these depend on the use of tools and materials used by the user. In the case of a dissatisfaction concerning a non-conforming order, the claim must be made within 15 days by email to the customer service : marinette@clicher.fr by indicating the order number, the user first name and last name, as well as the reason for the claim and photos of the products that are the subject of dissatisfaction.. If the lack of conformity is proven, the customer will be able to obtain the refund of the product, in the form of a promotion code to be used via the service. Clicher may decide, in exceptional cases only, to make a refund via the payment method used during the order (bank transfer, Paypal ...).

The company is not liable for any apparent defects which the customer may have found and convinced himself.

Clicher pays attention to the observations of the users in view of its improvement.

 

8. Facebook Connect


Clicher can connect to the user Facebook account via an automatic connexion form. By allowing the connection between the two account, the user allow the app to access to the basics informations (name, photos, gender, friends list, networks, ID and other public informations) ; to reach all the Facebook profile photos, to reach the Facebook profile datas (birthday, ect), to send messages directly to its e-mail address as filled in on Facebook.

 

9. Instagram Connect

The Clicher service can access the album Instagram to export photos in order to compose the products. The user must allow Clicher to access photos, likes, tags and descriptions.

 

10. Personal Data  / Data security


In accordance with the "Computing and Freedom" law n ° 78-17 of January 6, 1978, the user has a right of access at all times to personal information concerning him.

You can complete them, or modify them if they are incorrect or incomplete, remove them and/ or oppose their transmission by informing Clicher by e-mail to the address : marinette@clicher.fr. However, the data concerning your transaction history on the site will be retained for the legal period of retention of accounting data.

 

11. Change / Service Suspension


The Clicher service may be suspended in particular for maintenance reasons.

 

12. Litigation

In the absence of an amicable settlement, in case of dispute relating to the interpretation, formation or execution of the GCS and failing to reach an amicable agreement or a transaction, the parties give express and exclusive jurisdiction to the competent courts within the jurisdiction of Toulouse, unless otherwise provided for by law.

In caset of a dispute relating to the interpretation, formation, validity or the execution of the GTC, the parties expressly acknowledge that only the French law is applicable, except if the law of the country of residence of the consumer is more favorable to him.

In this case, the Brussels 1 bis Regulation 1215/2012 will be applied to determine the competent court. In case of contesting concerning the reality or the modalities of the transaction, the computer records provided by the secured bank payment server will be proof between the parties.

The parties agree that in case of dispute, the ID used and the connection data as part of the service are admissible in court and will show data and facts they contain.

 

13. GTC modifications


Clicher can be brought, to adapt or modify at any time the present GTC. Every updates, new services or existing services modification are submitted to these terms and conditions.All use of the app after the GTC change worth acceptance of the change. Therefore, it is strongly recommended to consult periodically the present GTC. All the prices and app functionalities, services and products could change without notice.

 

14. Account termination


An account termination can be made at any time independently of any user fault. In any event, in case of breach of these Terms and Conditions, the user's account will be terminated without notice and all information, files and contents on his account will be deleted. Clicher will not, in any case, be kept responsable of the terminations and deactivations.