COMMERCIAL CONDITIONS

Terms and conditions

Last revised : [24.04.2024]

These Terms

This website (the "Site") and/or services, including any mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "Products") through the Site, are owned and operated by MB Photography] (hereinafter also referred to as "we", "us" or "our"). These Terms of Business (the "Terms") set out the terms and conditions under which visitors or users (collectively, the "User" or "you") may visit or use the Site and/or the Services and purchase Products.
By accessing or using the Services, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can cancel the purchase agreement and what you can do if you have a problem.
You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parent or legal guardian.
This website is published by MB Photography, Geneva, micbohler@gmail.com.

The publication director is Michaël Böhler.
You can contact us at:

by e-mail : micbohler@gmail.com or by using the contact form you can find on the website.

This site is hosted by Wix.com

These Terms are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

To use our Site and/or take advantage of our Services, you must be at least [add number] years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorised to use this Site and/or take advantage of our Services if this is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and accept these Terms.

You can download and print these Terms.

Description of the Products

You must read the description of the Services and/or Products carefully before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the fullest possible information on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and are not binding on us.
Please refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held responsible for any damage resulting from non-compliance with these instructions for use of the Products and/or Services provided on our website.

Purchase of Products

Any purchase of Products is subject to the Terms applicable at the time of such purchase.
When purchasing a Product: (i) it is your responsibility to read the full list of items before committing to purchase them; and (ii) placing an order on the Site (by completing the checkout process by pressing the "Buy" button or similar button) may lead to a legally binding contract for the purchase of the relevant Product, unless otherwise stated in these Terms.
You can choose from our selection of Products and place the products you intend to purchase in a basket by clicking on the corresponding button. The prices we charge are shown on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur, at any time. These changes do not affect the price of Products that you have already purchased. At checkout, you will be presented with a summary of all the Products you have placed in your basket. This summary includes the essential characteristics of each Product as well as the total price of all Products, the applicable value added tax (VAT) and delivery costs, as applicable. The payment page also gives you the opportunity to check and, if necessary, modify or remove Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. Any delivery time indicated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you are placing a binding order to purchase the Products advertised at the price and with the delivery charges indicated. To complete the order process by clicking on the "Buy" button, you must first accept these Terms as legally binding for your order by ticking the relevant box.
We will then send you a confirmation of receipt of your order by e-mail, in which your order will again be summarised and which you will be able to print or save using the corresponding function. Please note that this is an automatic message that merely documents the fact that we have received your order. It does not indicate that we accept your order.
The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submission of your order (for example, an electronic money transfer, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement is concluded when you complete the order process, as described above, by pressing the "Buy" button.
You can save your preferred payment method for future use. In this case, we will store your payment details in accordance with the standards applicable in our industry (e.g. PCI DSS). You will be able to identify your stored card by its last four digits.

Product delivery

We can deliver our products to many countries around the world.

Delivery rates and times vary according to the type of Products ordered, the delivery address and the delivery method chosen:

The applicable rates and delivery times will be communicated to you before you confirm your order.

Coupons, gift cards and other Offers

We may from time to time offer coupons, gift cards or discounts and other offers ("Offers") in relation to our Products. These Offers are only valid for the period that may be specified in the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.

Product warranty

If the Product is affected by a hidden defect, you are entitled to take action on the basis of the guarantee provided by articles 1641 et seq. of the French Civil Code for a period of two years from the discovery of the defect. A hidden defect implies that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have purchased it or would have paid a lower price for it if you had been aware of the defect. This also implies that you did not know that the defect existed when you purchased the Product.
If the Product is affected by a hidden defect, you are entitled to take action on the basis of the guarantee provided by articles 1641 et seq. of the French Civil Code for a period of two years from the discovery of the defect. A hidden defect means that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have purchased it or would only have paid a lower price for it if you had been aware of the defect. This also implies that you did not know that the defect existed when you purchased the Product.
As a consumer, you benefit from the legal guarantee of conformity under the terms of article L. 217-4 et seq. of the French Consumer Code. The legal guarantee protects consumers when they purchase a product that does not conform to its description, or that is not suitable for the use normally intended, due to defects in conformity at the time of delivery. You have two years from delivery of a Product to take action on the basis of the legal guarantee of conformity. You may request that the Product be repaired or replaced, except in accordance with the provisions of article L. 217-9 paragraph 2 of the French Consumer Code. If repair or replacement of the Product is impossible, you may return the Product to us promptly to be entitled to a full refund. During the 24 months following delivery, you do not have to provide proof of the existence of the alleged defect.
Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether oral or written, including, without limitation, as to accuracy, timeliness, completeness, results, performance, freedom from error or interruption of performance, title, non-infringement, quality, quality of information, quiet enjoyment, merchantability or fitness for a particular purpose (even if we have been advised of that purpose), and all representations, warranties, express or implied, or other conditions arising from course of performance, course of dealing or usage of trade.

Intellectual property rights

Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
If the Products include digital content such as music or videos, the rights indicated for such content on the Site will be granted to you.

Disclaimer of warranty for use of the Site and Services

The Services, Our intellectual property and all materials, information and content provided in connection therewith which are made available to any user free of charge are provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty as to the security, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be provided uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. This will not affect the warranty of the Products you have purchased from us as set out in the "Product Warranty" section above.

Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set forth in these Terms, except to the extent that such circumstances are not caused by your fault.

Limitation of liability

To the fullest extent permitted by applicable law, we exclude all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, a business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or the results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our reasonable control and/or force majeure as defined in Article 1216 of the French Civil Code.

Modification of the Terms or Services; interruption

We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore check them regularly. If we change these Terms in a material way, we will notify you that material changes have been made. Your continued use of the Site or our Service following any such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or the Service.
We may modify the Services, cease to provide the Services or any feature of the Services we offer, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you reasonable notice if it is practicable in the circumstances to do so and we will take reasonable account of your legitimate interests in taking any such action.

Links to third-party sites

The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, the links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. The inclusion of links to other websites does not imply that we endorse their owners or their content.

Applicable law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of laws rules.
If you wish to bring to our attention any matter, complaint or question relating to our site, please contact us: micbohler@gmail.com

If, after contacting us, you feel that the problem has not been resolved, you have the right to have recourse to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. To submit your request to the consumer ombudsman, fill in the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Miscellaneous

No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
The section headings used in these Terms are for convenience only and have no legal effect.
Unless otherwise specified, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of these Terms shall be severed and the remaining terms of these Terms shall not be affected and shall remain in full force and effect.
By accepting the Terms, you undertake not to contest the evidential value of documents exchanged via the Site, on the basis of their electronic nature. Computerised registers are considered as proof of communications, orders and payments made between us.
Your acceptance of the Terms constitutes an evidentiary agreement within the meaning of Article 1368 of the Civil Code.
You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us relating to the Services and the sale of the Products.
The provisions of these Terms, which by their nature are intended to survive any action by us, will survive, including but not limited to the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.

To contact us, send an e-mail to MB Photography: micbohler@gmail.com