Terms of Sales

 

Preliminary article

Nullius in verba publishes and markets photographic prints around the world on behalf of artist Diego Porcel. These are works that are original, aesthetic creations that reflect the artist's creative spirit.

Article 1 - Scope

These general conditions of use of sale are applicable to all sales of Diego Porcel items concluded remotely through the Nullius in verba website identified by the domain name: http://nullius-in-verba.com/ (hereinafter referred to as the "Site"):

  • by taking orders by natural person customers acting as consumers (within the meaning of the law and case law), for delivery to the same natural person customers for their own account or to any third party of their choice having the quality of consumer (within the meaning of the law and jurisprudence). 
  • by taking orders by legal entity customers with a view to deliver to legal entity customers for their own account or to any third party of their choice, legal person or natural person having the status of consumer.

Any sale of Nullius in verba items through the Site is subject to these general conditions of sale, which the customer accepts without reservation. These are subject to changes and updates. The conditions applicable to the ordering of an item by a customer are those in force on the day of the order.

Article 2 - Identification of the author of the offer

Nullius in verba represents JD Porcel Fernandez, author photographer whose activity is identified under Siret number: 48807239800024 and whose head office is located: 75, rue Voltaire 92300 Levallois-Perret -France / email: info@nullius-in-verba.com / VAT: FR72488072398

Article 3 - Information related to the items and limitation of liability

Information (name, definition, reproduction of items, detailed description: properties, characteristics and composition, etc.) relating to all items offered for online sale are available on the Site, in accordance with the applicable legal and regulatory requirements.
Nullius in verba cannot be held responsible for any non-substantial errors that may appear on the Site. Photographs and other reproductions of items are indicative only and have no contractual value. Likewise, the dimensions of the items are given for information only.

In the event of non-compliance of the delivered item with its description, Nullius in verba undertakes to correct this error, under the conditions of articles 12 and 13 below.

More generally, Nullius in verba cannot be held responsible of:

  • interruptions or delays recorded on the Site due to maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, regardless of its will; 
  • the inability of the customer or Nullius in verba to temporarily access the Site, due to facts beyond its control, such as cases of computer failure, interruptions of the telephone network, the Internet network or failure of equipment reception of the client from the Internet network.

Article 4 - Conditions for item orders

4.1 To place an order on the Site, the customer must be must be older than 18 years old and hold a means of payment as defined in article 6.3 below. Orders will be received in French or English according to the customer's choice and will be accepted within the limits of available stocks.
To this end, the customer is informed when the order is processed, either on the Site information page describing each of the items: 
  • the availability of the item;
  • or, in the event of temporary unavailable items, the possibility of ordering it with a view to subsequent delivery within the deadlines specified on this occasion.

If, despite the vigilance of Nullius in verba, the items added to the cart are no longer available, Nullius in verba will inform the customer by any means (phone call or email) as soon as possible and will refund the price possibly invoiced by credit to the customer's bank account.

4.2 The customer agrees that all of the information communicated to Nullius in verba on the Site as part of the order complies with these general terms of sales, complete, accurate and up to date. Otherwise, Nullius in verba reserves the right to simply cancel the order as well as the payment.

4.3 In accordance with the provisions of article L.122-1 of the Consumer Code, Nullius in verba will be entitled, in the case of retail sales, to refuse any order exceeding the number of items authorized within a limit of 2 items. identical maximum ordered per customer. Nullius in verba will also be entitled to refuse any order: (i) made by a customer with whom there is a dispute relating to the payment of a previous order; or (ii) not in accordance with these general terms of sales.

If Nullius in verba finds that the order does not meet these general terms of sales (for example: incorrect delivery address, order thresholds exceeded), it will inform the customer within a maximum of six (6) days by telephone. or by e-mail.

Failing for the customer to proceed with Nullius in verba to the correction of erroneous elements or contrary to the present general terms of sales appearing in his order, Nullius in verba reserves the right to cancel purely and simply the order as well as the payment. .

Article 5 - Internet ordering on the Site

Order taking on the Site is subject to strict compliance with the procedures described below, also embodied by a succession of different screens on which are indicated the successive phases that the customer must comply with to validate his order.

5.1 First stage : selection of items by the customer on the Site. The customer - after verifying the items (price, characteristics, etc.) - selects, enters and validates the identification and quantity of the items he wishes to order (the availability of which is to be confirmed if necessary by Nullius in verba ); said items are added to his "Basket".

5.2 Second step : confirmation of the selected items and validation of the order. Once the customer has completed his selection and wishes to validate the composition of his "Basket", he must then identify himself:

  •  if he has a customer account with "Nullius in verba", by his e-mail address (username) and password; 
  • if he does not have a customer account, the customer can follow a registration procedure allowing him to obtain a customer account with Nullius in verba.
The customer must also validate the delivery address of the order, it being specified that said address may possibly correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing that, to the address at which the third party beneficiary carries out his professional activity; 

Once these requirements are fulfilled, the price of these items, as defined in Article 8 below, as well as the shipping costs are displayed automatically.

5.3 Third step : choice of payment method by the customer.

Payment for customer purchases is made by PayPal, bank transfer, or credit card. Cards from the “CB” network, Visa, Eurocard, Mastercard, American Express are accepted. Cards issued by banks domiciled outside France must be international bank cards.

In this context, the customer agrees to proceed to payment via a bank card of which he is personally the holder and bearing his identity (surname and first name). For online payment on the Site: the customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority. The customer must provide his credit card number and / or bank details by completing the online payment form. 

After communicating his bank card number, the customer then clicks on the "VALIDATE" button with a view to debiting his bank account.

5.4 Fourth step : within a maximum period of six (6) days, the customer receives an acknowledgment of receipt, in the form of an email, of the order by Nullius in verba mentioning the order number, the items, their quantity, the unit and total price, the method of payment as well as the address indicated by the customer.

In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of electronic mail for confirmation by Nullius in verba of the content of his order.

As an exception, the email acknowledging receipt of orders with payments made will only be sent by Nullius in verba once his bank account has been credited with the sums owed by the customer.

Article 6 - Proof of order

In general, it is provided by express agreement between Nullius in verba and the customer that the e-mails will be authentic between the parties as well as the automatic registration systems used on the Site, in particular as to nature and date of the order.

In addition, Nullius in verba keeps the information relating to any order and makes them available to the customer upon request sent by the latter to: info@nullius-in-verba.com. However, it is recommended, for orders placed on the Site, that the customer also keeps a copy (in electronic format and / or on paper) of the elements relating to his order (for example, the email sent by Nullius in verba) . 

Article 7 - Price of items

The prices displayed on the Site are indicated in Euros excluding delivery costs. 

If delivery is made in the European Union: the prices displayed on the site are inclusive of VAT, they include French VAT. 

If delivery is made outside the European Union: the prices displayed are exclusive of VAT, they exclude French VAT. 

The prices invoiced are those in force on the date of the order.

The amount of the outward transport costs is offered. In the event of a return of an order, the amount of return transport costs is however the responsibility of the customer. 

Article 8 - Delivery

8.1 The delivery of the items can only take place: 

  • either at the customer's usual place of residence; 
  • either to the delivery address indicated by the customer when ordering, being reminded that said address must correspond to the usual place of residence of a third party beneficiary chosen by the customer, failing this, to the address at which he carries out his professional activity 
  • or being understood that it cannot, in any case, be carried out in hotels or PO boxes. 

In this regard, the customer agrees to have communicated, when confirming his order, the exact address of his usual residence. The delivery of the items will take place, after payment of the amount of the order has been recorded, to the delivery address indicated by the customer. 

In accordance with the provisions of article L.121-20-3 of the Consumer Code, the delivery of the items ordered will take place:

  • either, at the latest within 30 days of the date of the order; 
  • either, within the timeframe of which the customer will be notified in advance in the event of temporary unavailability of said item accepted by the customer when adding an item to his "Basket" and before accepting his order. 

8.2 Countries not served: 

Nullius in verba does not deliver to the following destinations: Burma, Republic of Central Africa, The Comoros, North Korea, Cuba, Equatorial Guinea, Guinea-Bissau, Iran, Johnston Island, Kiribati, Malvinas Islands, Mayotte, Nauru, Niue, Saint-Pierre-et-Miquelon, Saint Helena, Solomon Islandsn, Sao Tome and Principe, Sierra Leone, Somalia, Sudan, Syria, Tajikistan, Tokelau Islands, Turkmenistan, Wake Islands.

8.3 Taxes and customs duties

Purchases shipped outside of the European Union may be subject to taxes and other customs charges upon arrival at destination. These costs are not included in our price and remain the responsibility of the customer. 

As a reminder : 

If delivery is made in the European Union: the prices displayed on the site are inclusive of VAT, they include French VAT. 

If delivery is made outside the European Union: the prices displayed are exclusive of VAT, they exclude French VAT. 

8.4 Receipt of order

Upon receipt of the order, the customer must:

  • unpack and check the condition of the package (s) in the presence of the delivery person;
  • in the event of damage or missing packages, issue handwritten reservations in the presence of the delivery person on the dated and signed transport slip.

Mentions " under reserve of », « packaging intact », « observed when unpacking »May not be accepted as a reserve.

It is the customer's responsibility to confirm their reservations with supporting photos by email to the address info@nullius-in-verba.com within five (5) days of receipt of the order. 

Article 9 - Retention of title

Nullius in verba reserves the ownership of the items delivered until full payment of their price in principal and interest. The payment will be made within reason of the price. In the event of full or partial non-payment, Nullius in verba may, without prior notice, claim the item (s) that may have been delivered by Nullius in verba to the customer.

Article 10 - Right of withdrawal and return of items

In accordance with the provisions of Articles L.221-18 et seq. Of the Consumer Code, the customer has a right of withdrawal that he can exercise, without having to justify reasons, within fourteen (14) clear days. from receipt of the items. 

If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. 

In this context, he has the option of returning the items delivered within this period, in their original packaging, in perfect condition, complete (accessories, instructions, warranty, etc.) and accompanied by a copy of the invoice.

It will be up to the customer to keep any proof of this return, which supposes that the items are returned by registered mail, or by any other means giving a certain date, the return costs remaining in any case the responsibility of the customer. The reimbursement of the invoiced price of the returned items will be made, by crediting the customer's bank account, at the latest within thirty days following receipt by Nullius in verba of the returned items.

Items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be refunded.

Article 11 - Compliance - Guarantee

The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with his order, the customer must inform Nullius in verba as soon as possible by e-mail addressed to the address info@nullius-in-verba.com by justifying (with supporting photos) of the non-conformity of the item with the order and, after agreement of Nullius in verba, return the items in question in their original packaging, in perfect condition, complete (accessories , instructions, warranty ...) and accompanied by a copy of the invoice.

The return of the item must be made by registered mail, or by any other means giving a certain date, the return costs being - if the non-conformity of the item noted by the customer is proven - the responsibility of Nullius in verba. In the absence of a possible exchange of the returned items and if the customer does not wish to have a credit note with Nullius in verba, the reimbursement of the invoiced price of the returned non-conforming items will be made, by crediting the bank account of the customer, no later than thirty days following receipt by “Nullius in verba” of the returned items. Reimbursement of the return and delivery costs of non-compliant items will be made by credit to the customer's bank account after the customer has sent proof of said costs.

Notwithstanding the specific warranty conditions that may be given to the customer with the item delivered, Nullius in verba items are subject to the legal guarantees of articles L. 211-4, L. 211-5, L. 211-12, L. 211 -13 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code.

Article 12 - Force majeure

The execution by Nullius in verba of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay its execution.

 

Article 13 - No waiver

The fact that Nullius in verba refrains from requiring at any given time the execution of any of the provisions of these general conditions of sale cannot be interpreted as a waiver to subsequently invoke said total or partial non-performance.

Article 14 - Validity of the general conditions of sale

If any of the provisions of these general conditions of sale is declared void in whole or in part, the other provisions and the other rights and obligations arising from these general conditions shall remain unchanged and shall remain applicable.

Article 15 - Disputes - Applicable law - Competent court

These terms of sales are subject to French law. In the event of difficulty arising during the ordering or delivery of items from Nullius in verba, the customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of an association. consumers or any other advice of its choice.

If no amicable solution is found, the French courts are competent to hear the dispute, except as otherwise provided by regulation n ° 44/2001 of December 20, 2000 on jurisdiction, recognition and enforcement of judgments in civil matters. and commercial (Brussels i).