Terms and conditions of sale

Entry into force: 3 June 2024

Field of application

The purpose of these general terms and conditions of sale is to govern the contractual relationship between GT COMPANY, a simplified joint stock company with capital of 1,490,000 euros, registered with the Meaux Trade and Companies Register under no. 792 208 407, whose registered office in France is located at 5 rue de la Galmy - Immeuble le Vega - 77700 Chessy and whose registered office in the United Kingdom is located at 11 Old Jewry - EC2R 8DU London, and its customers, in particular for the online sale of digital photograph printing.

1. Purpose

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by GT COMPANY (hereinafter, the "Seller" or "GT COMPANY") under the AGFAPHOTO brand on the https://print.agfaphoto-gtc.com website (hereinafter, the "Site").

The Site is an e-commerce platform, which allows Internet users (hereinafter, the "Buyers") to order the printing of photographs in various formats, performed by GT COMPANY from photographs sent by the Buyers (hereinafter, the "Products").

The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, and to define the rights and obligations of the parties in this context (hereinafter the "GTC").

They can be accessed and printed at any time via a direct link at the bottom of the Site page.

The applicable version of the general conditions is the one that can be consulted online on the Site on the date the Buyer places their order.

The GTC take precedence over any other general or special conditions not expressly approved by GT COMPANY.

They may be supplemented, where applicable, by specific conditions of use for certain services and/or products offered on the Site, which supplement the GTC and, in the event of contradiction, take precedence over the latter.

The fact that GT COMPANY does not prevail itself of any condition in the GTC at a given time may not be interpreted as a waiver of the right to prevail itself of the said condition at a later date. 

The nullity of a contractual clause does not entail the nullity of the general terms and conditions of sale. The temporary or permanent non-application of one or more clauses of the GTC by GT COMPANY shall not constitute a waiver on its part of the other clauses of the GTC, which shall continue to have effect.

The Site is accessible to all users of the Internet in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by GT COMPANY or its service providers for the purposes of its maintenance and/or security, or in the event of force majeure or update to the Site. GT COMPANY shall not be held liable for any damage whatsoever resulting from the unavailability of the Site.

GT COMPANY does not guarantee that the Site will be free of anomalies, errors or bugs, or that the Site will function without breakdown or interruption. In this respect, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. GT COMPANY cannot be held responsible for data transmission, connection or network unavailability problems.

2. Seller's identity and contact

The Site is operated by GT COMPANY, which offers the Products for sale.

GT COMPANY can be contacted via the following details, especially in the event of complaints:

Postal address: 5 rue de la Galmy - Immeuble le Vega - 77700 Chessy - France

Telephone: +33 (0) 1 61 10 09 25

E-mail address: contact@print.agfaphoto-gtc.com

3. Legal capacity and acceptance of the GTC

a. Legal capacity

The Site is accessible to any natural person with full legal capacity to enter into commitments under the GTC. Individuals who do not have full legal capacity may only access the Site with the agreement of their legal representative.

b. Acceptance of the general terms and conditions

Acceptance of the GTC by the Buyer is confirmed via a box to be ticked on the order form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by the GTC must not place an order on the Site.

c. Registration on the Site

To place an order on the Site, the Buyer must register on the Site by filling in the form provided for this purpose.

In all cases, the Buyer must provide all the information marked as compulsory. Incomplete registrations will not be accepted.

Registration automatically leads to the opening of an account in the Buyer's name (hereinafter, the "Account"), giving the Buyer access to a personal area (hereinafter, the "Personal Area") that allows the Buyer to manage their purchases in a manner and according to the technical means that GT COMPANY deems most appropriate.

The Buyer guarantees that all the information they provide in the registration form is accurate, up to date and truthful and is not misleading in any way.

The Buyer undertakes to update this information in their Personal Area in the event of any changes (in particular: change of postal address), so that it always fulfils the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purposes of creating or updating their Account is proof of their identity. The information entered by the Buyer is binding as soon as it has been validated.

The Buyer may access their Personal Area at any time by logging in using their username and password.

The Buyer must use their Account personally and not allow any third party to use it in their place or on their behalf, and they bear full responsibility should they do so.

The Buyer is likewise responsible for maintaining the confidentiality of their username and password, any access to the Site using their login details are deemed to have been made by the Buyer. The Buyer must immediately contact GT COMPANY using the contact details mentioned in article 2 hereof if they find that their Account has been used without their knowledge. They acknowledge GT COMPANY's right to take all appropriate measures in such a case.

4. Product characteristics

Prior to any online order, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may become familiar with the characteristics of each Product they wish to order on the Site.

The Products are offered for sale online while stocks last and according to their arrival, or subject to the possibility of ordering them where applicable.

The information concerning the Products, given on each sales page, is the information given to GT COMPANY by the suppliers of these Products.

GT COMPANY shall ensure that the photographs and descriptions of the products on the Internet Site are as faithful as possible to the Products themselves. The Products offered for sale are described and presented as accurately as possible. Nevertheless, GT COMPANY cannot be held responsible for any minor variation in the colour of the Product(s) and this does not affect the validity of the sale.

It should be noted that the Products can be fully personalised by the Buyer, who must submit their own photographs when placing the order. The quality of the photographs printed relative to what is presented on the Site therefore depends on the quality of the photographs sent by the Buyer.

5. Ordering

a. Placing an order

To place an order, the Buyer must select the Product of their choice and place it in their basket.

They then upload the photographs they want to print.

They can access the summary of their basket at any time before the order has been definitively confirmed, and can correct any errors in the information they have entered.

The order is deemed to have been received by GT COMPANY when it is definitively confirmed by the Buyer.

b. Order confirmation

Once the order has been placed, the Buyer will receive an email confirming the order, summarising the details of the order and the expected delivery date.

The Buyer must ensure that the details entered in their Account are correct and that these enable them to receive the order confirmation email. If the confirmation email is not received, the Buyer must contact GT COMPANY using the contact details mentioned in Article 2.

GT COMPANY recommends that the Buyer retain the information contained in the order confirmation.

6. Prices and payment terms

a. Prices

The sale prices of the Products are displayed on the Site.

They are quoted in euros, inclusive of all taxes (VAT, where applicable, and other applicable taxes).

GT COMPANY reserves the right, at its own discretion and according to the terms and conditions of which it shall be the sole judge, to make promotional offers or price reductions.

Prices do not include any delivery charges that may apply to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the Buyer confirms the order.

The applicable price is that displayed on the Site at the time the Buyer's order is registered.

Any discount codes applied do not apply to delivery costs. They cannot be reimbursed.

b. Payment terms

The full price of the Products is payable when the order is placed.

Payment can be made online by credit card or via PayPal, using the secure online payment service indicated on the Site.

c. Invoicing

The invoice for each order placed by the Buyer can be downloaded from the Buyer's Account as soon as the order has been dispatched.

7. Delivery

a. Delivery area

Buyers are expressly informed that the Site only offers delivery of Products to the countries listed on the Site. 

b. Delivery methods

The Products ordered on the Site are delivered to the address indicated at the time of the Buyer's order under the heading "delivery address" (which may be different from the invoicing address).

Different delivery methods may be possible, depending on the categories of Products and their weight.

Before confirming the order, the Buyer is informed of the possible delivery methods for the Product ordered, as well as the delivery times and costs corresponding to each of these methods.

The Buyer must select the desired delivery method and provide all the information required for the effective delivery of the Product by the method chosen.

The Buyer is solely responsible for collecting the Products delivered within the required timeframe.

The Buyer must ensure that the information provided is correct, and that it remains correct until delivery of the ordered Product(s) has been completed. The Buyer therefore undertakes to inform GT COMPANY of any change in invoicing and/or delivery details that may occur between the Order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or error in delivery, the Buyer may under no circumstances hold GT COMPANY liable in the event of a failure to deliver, and GT COMPANY's customer service will contact the Buyer for a second delivery at the Customer's expense.

c. Delivery costs

Delivery costs are indicated on the order summary.

Delivery costs vary according to the delivery method chosen, or whether the Products are delivered to a relay point selected by the Buyer or directly to the address indicated when the order was placed.

The Buyer may be required to pay additional delivery charges if they choose express delivery.

In accordance with Article L. 221-24 of the French Consumer Code, GT COMPANY is not required to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the delivery company.

d. Delivery times

GT COMPANY undertakes to deliver the Product(s) within a period not exceeding 30 working days from the date of the Order (excluding made-to-order products). In the case of a made-to-order product, the customer is provided with an estimated delivery time before the order is placed.

8. Right of withdrawal

The right of withdrawal shall be exercised in accordance with the terms and conditions set out in the French Consumer Code.

The right of withdrawal does not apply to personalised products in accordance with the provisions of Article L. 221-28, 3° of the French Consumer Code, which expressly excludes "the supply of goods made to the consumer's specifications or clearly personalised" from the scope of the right of withdrawal.

With the exception of this type of Product, the Buyer has a period of 14 working days, from the date of receipt of the Products ordered, to retract without having to justify their reasons or pay penalties to GT COMPANY.

A Buyer who wishes to exercise their right of withdrawal must request a return from their GT COMPANY customer account before the expiry of the aforementioned period, or they may also use the withdrawal form attached to the GTC, duly completed. They may also contact Customer Services to obtain assistance in this matter, clearly expressing their wish to withdraw and stating their order number. In this case, Customer Services will confirm the return request with a unique returns identifier. The Products must be returned to GT COMPANY in their original packaging within 14 days of the Buyer notifying us of their wish to withdraw.

All Products are inspected on return. 

Products that cannot be remarketed by GT COMPANY cannot be returned (gift box, gift bag, etc.).

The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to GT COMPANY.

GT COMPANY may refuse any non-conforming return:

• Return of an empty parcel
• Return of a parcel containing a Product different from that ordered or requested for return

The customer service department will produce proof of the refusal to accept the return of product: photographs of the product received, proof from the carrier, in particular the weight of the packages on dispatch and on return.

In the event of a missing Product in the return, the Buyer will be contacted by GT COMPANY's customer service and the amount of the non-returned Product will be deducted from the refund.

The Buyer shall be reimbursed for all sums paid for their order, after deduction of any return costs which shall remain payable by the Buyer, as soon as possible and at the latest within 14 days from the date of effective receipt of the withdrawal request by GT COMPANY. However, GT COMPANY reserves the right to defer this reimbursement until the Products have been effectively recovered.

In accordance with Article L.221-23 of the French Consumer Code, the Buyer is informed that they are only liable to GT COMPANY for any depreciation of the Product(s) that they return following the exercise of their right of withdrawal that results from handling other than that which is necessary to establish the nature, characteristics and proper functioning of said good(s).

9. Legal guarantees

However, GT COMPANY would like to clarify that the Buyer benefits from legal warranties for non-conformity as well as for hidden defects in the item sold, including defects in conformity resulting from the packaging of Products ordered on the Site.

If the Buyer notes that the Product delivered to them has a defect, does not conform or is damaged, they must inform GT COMPANY of this using the contact details mentioned in Article 2 hereof, indicating the nature of the defect, the lack of conformity or the damage noted and sending any useful proof, in particular in the form of photograph(s).

GT COMPANY will organise the return with the carrier of its choice and will inform the Buyer by any convenient means. GT COMPANY will bear the costs of this return.

The Products must be returned to GT COMPANY in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

Returns of Products that do not comply with the conditions described above will not be accepted.

GT COMPANY will carry out the necessary checks and will offer the Buyer a replacement Product where possible. If replacement of the Product is impossible, GT COMPANY will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any convenient means, as soon as possible and at the latest within 14 days following the date on which GT COMPANY informs the Buyer of the inability to replace the Product.

The legal texts relating to legal guarantees are reproduced in Appendix 1 of the GTC.

10. Obligations of Buyers

Buyers are solely responsible for the choice and use they make of the Products. It is up to them to check the suitability of the Products for their specific needs and constraints before purchasing said Products.

They must also take the necessary steps to back up the information in their Personal Area that they deem necessary using their own means, as no copy of this will be supplied to them.

Finally, it is the responsibility of Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

11. GT COMPANY's responsibility

GT COMPANY undertakes to carry out regular checks to verify the operation and accessibility of the Site. GT COMPANY reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, GT COMPANY cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

GT COMPANY does not provide the Buyer with any guarantee as to the suitability of the Products to their needs, expectations or constraints.

GT COMPANY's liability is excluded in the event of direct or indirect loss affecting goods or persons, suffered by the Buyer or a third party, and resulting from the following cases:

• Negligence or fault committed by the Buyer or a third party;
• Any use in conditions which manifestly do not conform with the use of the Products.

GT COMPANY may not be held responsible for the non-execution or delay in the execution of orders due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered to be cases of force majeure, in addition to those usually accepted by the jurisprudence of French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, disruption or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses which cannot be eradicated using the security measures available on the market, as well as any legal, regulatory or public order obligation imposed by the competent authorities which would have the effect of substantially modifying the GTC.

In any event, the liability that may be incurred by GT COMPANY hereunder is expressly limited to proven direct damage suffered by the Buyers.

As the quality of the photographs transmitted by the Buyer is not dependent on GT COMPANY, it cannot guarantee the results obtained from the prints. Thus, GT COMPANY cannot be held liable for the content or quality of the textual or photographic items added by GT COMPANY to Customisable Products.

12. Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by GT COMPANY within the Site are protected by all intellectual property rights or rights of database producers' in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of GT COMPANY is strictly prohibited and may be subject to legal proceedings.

Buyers acknowledge that they have full rights over the photographs sent as part of an order for Products and are exclusively responsible for them. GT COMPANY cannot be held responsible for the said photographs, in particular concerning the violation of the image rights of third parties, the copyright of third parties or the intellectual property rights of third parties.

13. Personal data, newsletter and do-not-call list

a. Personal data

When the Buyer places an order on the Site, the Buyer's personal data is collected by GT COMPANY under the conditions described in the privacy policy that can be consulted here.

b. Newsletter

By ticking the box provided for this purpose or by expressly giving their agreement to this end, the Buyer accepts that GT COMPANY may send them, at a frequency and in a form that it determines, a newsletter which may contain information relating to its activity.

When the Buyer ticks the box provided for this purpose in the registration process on the Site to place the order, they agree to receive commercial offers from GT COMPANY for Products similar to those ordered. 

Buyers have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

c. Partner offers

By ticking the box provided for this purpose or by expressly giving their agreement to this end, the Buyer accepts that GT COMPANY may send them, at a frequency and in a form that it determines, partner offers related to its activity.

The Buyers may ask GT COMPANY to no longer send them these partner offers by clicking on the link provided for this purpose in each communication relating to partner offers.

d. Do-not-call list

You have the option of registering for free on a BLOCTEL do-not-call list (www.bloctel.gouv.fr) which means that you can no longer be cold-called by a professional with whom you have no current contractual relationship, in accordance with the French Consumer Act no. 2014-344 of 17 March 2014.

14. Advertising

GT COMPANY reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions to be determined by GT COMPANY alone.

15. Links and third-party sites

GT COMPANY may under no circumstances be held responsible for the technical availability of internet sites or mobile applications operated by third parties (including any partners) to which the Buyer may have access via the Site.

GT COMPANY accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

GT COMPANY is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to which the Buyer may be directed via the Site and will under no circumstances be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

16. Prohibited behaviour

The following are strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into GT COMPANY's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to damage the rights and financial, commercial or moral interests of GT COMPANY or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed, and finally more generally (viii) any breach of the GTC or the laws and regulations in force.

Likewise, it is strictly forbidden to monetise, sell or grant access to all or part of the Site or the information it contains.

Buyers undertake not to use the Products for racist, paedophile or pornographic purposes or, more generally, for purposes that infringe the rights of third parties.

In any event, the Buyers undertake to indemnify GT COMPANY for all financial consequences related to legal action or a claim from a third party related to the improper use of the Products by the Buyers.

GT COMPANY reserves the right to exclude Buyers who do not comply with the terms and conditions set out herein, by disconnecting them or deleting their account and their account data.

In the event of a breach of any of the provisions of this article or, more generally, of laws and regulations, GT COMPANY reserves the right to take all appropriate measures and to initiate any legal action.

17. Deregistration

The Buyer may deregister from the Site at any time, by sending a request to this effect to GT COMPANY by email, to the contact details mentioned in article 2.

Deregistration takes effect within a maximum of 7 days of this request. This will result in the automatic deletion of the Buyer's Account.

18. Modifications

GT COMPANY reserves the right to modify these GTC at any time. In the event of any modification, the applicable conditions will be those in force on the date of the Buyer's order.

19. Language

If the GTC are translated into one or more languages, the language of interpretation will be French in the event of a contradiction or dispute over the meaning of a term or provision.

20. Mediation

Consumers are also reminded that they have the right to have recourse free of charge to a consumer mediator with a view to amicably resolving a dispute with a professional. To this end, GT COMPANY guarantees the Buyer effective recourse to a consumer mediation system.

Mediation of consumer disputes: In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, GT COMPANY is a member of the Mediation and Arbitration Centre of the Paris Chamber of Commerce and Industry, located at 39 avenue Franklin Roosevelt - 75008 Paris - https://www.cmap.fr/.

After prior written representations by consumers to GT COMPANY, the ombudsman service may be contacted for any consumer dispute which has not been settled.

You can use the mediation service for consumer disputes relating to an order placed on the Internet. 

Finally, it should be noted that mediation is not compulsory, but only offered as a means of resolving disputes without recourse to the courts. If this mediation procedure fails or if the Buyer wishes to take the matter to court, the rules of the French Code of Civil Procedure will apply.  

The Buyer may also contact the dispute resolution platform placed online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

21. Applicable law

The GCS are governed by French law.

APPENDIX 1 - LEGAL TEXTS RELATING TO GUARANTEES

Article L. 217-4 of the French Consumer Code

The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. They shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was their responsibility under the contract or was carried out under their responsibility.

Article L. 217-5 of the French Consumer Code

The goods conform to the contract:

If the goods are fit for the purpose ordinarily expected of similar goods and, if applicable:
- they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- they have the qualities that a Buyer may legitimately expect, given the public statements made by the seller, the producer or their representative, particularly with respect to advertising or labelling;
Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-7 of the French Consumer Code

Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L. 217-8 of the French Consumer Code

The buyer is entitled to demand that the goods conform to the contract. However, they may not challenge conformity on the grounds of a defect of which they were aware, or could not have been unaware, when entering into the contract. The same applies where the defect originates in materials supplied by the customer.

Article L. 217-9 of the French Consumer Code

In the event of a lack of conformity, the buyer can choose between repairing or replacing the goods. However, the seller can choose not to proceed according to the buyer's choice if this choice would result in a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10 of the French Consumer Code

If repair and replacement are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The same option is available to the buyer:

1. If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;

2. Or if this solution cannot be found without major inconvenience for the consumer, given the nature of the goods and the use sought.

However, the sale may not be rescinded if the lack of conformity is minor.

Article L.217-11 of the French Consumer Code

The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the buyer asks the seller for a repair covered by the guarantee, during the period of the commercial guarantee granted to them at the time of the purchase or repair of a movable item, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had they been aware of them.

Article 1643 of the French Civil Code

The seller is liable for hidden defects, even if they are unaware of them, unless they have stipulated that they will not be obliged to provide any guarantee.

Article 1644 of the French Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded to them, or keeping the item and having part of the price refunded to them.

Article 1648, paragraph 1 of the French Civil Code

Any action arising from redhibitory defects must be brought by the buyer within two years of discovery of the defect.

APPENDIX 2 - RETURNS POLICY AND WITHDRAWAL FORM

Customisable Products, such as the printing of personal photographs, are not subject to the right of withdrawal, as explained in article 8 of the GTC.

For other Products, a Buyer wishing to exercise their right of withdrawal may, within 14 days of receiving the order, use the form below:

WITHDRAWAL FORM

Return service

GT COMPANY - Service Retour

5 rue de la Galmy - Immeuble le Vega

77700 Chessy

France

I hereby notify you of my withdrawal from the contract for the following product:

Ordered on:

Order number:

Customer name:

Customer address:

Customer signature:

Date: