General terms & Conditions of sale

Article 1. Purpose and scope of application

The present general terms and conditions of sale (hereinafter “GTC”) apply to all sales made by Skywaven Studios for custom-made fine art photography prints (hereinafter “Product”) offered on the website www.skywavenstudios.com (hereinafter “Site”) to customers with the legal capacity to contract (hereinafter “Customer”). The acceptance of the GTC is materialized by a box to be ticked during the validation of the order form. The contract concluded with Skywaven Studios consists solely of the GTC and the special conditions mentioned in the order summary (hereinafter “the Contract”). Any contrary condition of the Customer shall therefore, in the absence of express acceptance, be unenforceable against Skywaven Studios, regardless of when it may have been brought to its attention.

Article 2. Seller’s identity – Customer service

The Site is operated by Mr. Sébastien Kech who runs his business as a sole trader (artist-author regime) under the trade name Skywaven Studios, registered in the SIRENE register under the number 918 437 955 and whose intra-community VAT number is: FR68 918 437 955. Its address is 36 rue du Président Wilson – 78230 Le Pecq – France.

The Skywaven Studios sales department can be contacted by e-mail at the following address: skywavenstudios@gmail.com for any questions or information.

Article 3. Pre-contractual information

The Products sold on the Site are limited edition, numbered, signed, custom-made prints of original certified fine art photographs.

The characteristics of the Products are described on the Site. However, the Customer may ask questions about the characteristics of a Product by sending a request by email to the following address: skywavenstudios@gmail.com.

In any case, the Customer is informed that :

  • The sale of the Products does not include any transfer of intellectual property rights: the Customer’s rights on the work are limited to a right of private use, excluding any right of representation and reproduction. Consequently, any distribution, rental, public availability or other analog or digital exploitation, in whole or in part, is forbidden without the express, prior and written consent of Skywaven Studios. If the Customer wishes to benefit from such an authorisation or transfer of rights, he can contact Skywaven Studios to obtain a tariff proposal.
  • In accordance with article L221-28 of the French Consumer Code and as recalled in article 10 of the GTC, even if the Customer is a consumer in the sense of the preliminary article of the French Consumer Code, the Customer does not have the right of withdrawal because the Products ordered are manufactured to order according to the options chosen by the Customer.

Article 4. Creation of a personal account

In order to place an order on the Site, the Customer must first create a Personal Account (hereinafter “Personal Account”).

4.1 – Creation procedure

To create a Personal Account, the Customer must go to the Site and complete the mandatory fields of the registration form. Each Customer may only create one profile for their personal account.

4.2 – Management of identifiers

The identifiers, login and password, allowing access to the personal account are chosen by the Customer taking into account the availability of identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Client under his responsibility. In the event of loss or theft of his identifiers or any unauthorised use of his personal Account, it is up to the Customer to follow the procedure on the Site so that new identifiers can be created.

4.3 – Activation of the Personal Account

By validating the creation of his Personal Account, the Customer :

  • Acknowledges having been able to check and modify, if necessary, the information contained therein;
  • Guarantees to have provided accurate, up-to-date and complete information concerning his/her identity and contact details.

4.4 – Updating of the Personal Account:

The Customer undertakes to regularly update all of his/her personal information in his/her Personal Account in order to maintain its accuracy.

Article 5. Prices

5.1 – Product prices

The Products are sold at the prices in force on the Site at the time the order is placed. In all cases, the prices are expressed in euros, all taxes included. Unless otherwise indicated on the Site or in these GTC, the prices do not include any delivery charges, which are invoiced in addition.

5.2 – Delivery costs

The amount of the delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery and/or the delivery method chosen by the Customer. The amount of the delivery costs is indicated to the Customer prior to any validation and payment of his/her order. It is expressed in euros including all taxes.

In the event of delivery to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are the responsibility of the Customer and are entirely his responsibility both in terms of declarations and payments to the authorities and competent bodies in his country.

Article 6. Promotional codes

Promotional Codes issued by Skywaven Studios (hereinafter “Promotional Codes”) are for promotional purposes only.

Promotional Codes must be used on the Site and expire on the date stated in the terms and conditions communicated with the Promotional Code. Promotional Codes may be subject to additional terms and conditions communicated with the Promotional Code.

Promotional Codes may not be used on any other website operated by Skywaven Studios, its affiliates or any other legal or private entity, except as provided in these Terms and Conditions or in the terms and conditions communicated with the Promotional Code.

Promotional Codes may not be resold, transferred, redeemed for cash or used on any other Skywaven Studios account unless required by law. Promotional Codes not used in one Skywaven Studios account may not be transferred to another Skywaven Studios account.

Article 7. Ordering

The Customer must carefully read the GTC and accept them before proceeding with the payment of an order for Products placed on the Site. By validating the order, the Customer expressly declares that he/she accepts the GTC without restriction or reservation.

Before validating the order, the Customer has the possibility to check the details of his/her proposed order and to correct any errors.

The distance selling contract is concluded from the moment the Customer confirms his order by clicking on the “Confirm your payment” or “Confirm your basket” or “Place order” or “Validate the order” icon. The Customer is considered to have knowingly accepted the content and conditions of the order in question and in particular the GTC, the fact that the order implies an obligation to pay on his/her part, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.

Once this stage has been validated, the Customer will not be able to cancel the order. The sale will be final and the Customer will not have the right of withdrawal in accordance with Article 10 of the GTC.

If a Product is not available, Skywaven Studios will inform the Customer and may either cancel the order or propose a later delivery date. Furthermore, Skywaven Studios reserves the right to refuse or cancel any order or any delivery in case of:

  • An existing dispute with the Customer,
  • Non-payment of a previous order by the Customer,
  • Refusal to authorise payment by credit card by banking organisations,
  • Non-payment or partial payment.

The Customer will, where applicable, be reimbursed for the sums paid in respect of the cancelled order within fourteen days of the date of cancellation of the order.

Article 8. Payment conditions

The Customer pays for his purchases by credit card according to the terms below.

Only the bank cards mentioned on the Site are accepted. The Customer must indicate the number of his card, its expiry date, the name of the cardholder and the visual cryptogram directly in the area provided for this purpose.

The holder of the bank card used must be the Customer himself or, if the Customer is a legal entity, his legal representative or employee benefiting from a delegation. In case of fraudulent use of the credit card, the Customer is invited to contact Skywaven Studios at the address indicated at the top of the GTC.

At no time can the sums paid be considered as a deposit or advance payment. The order will not be validated and the Product will not be delivered until the amount due has been received.

Concerning payment by Stripe

The transmission of the Customer’s personal information and bank details is fully secured by the 3D SECURE system for the transmission of your payment details, which ensures the security of transactions. This information is only accessible by the Stripe payment system partner so that it can contact the Customer’s bank. At no time can Skywaven Studios or any other third party access the customer’s bank details.

Concerning payment by Paypal

By choosing to pay via PayPal, the Customer will be automatically directed to his PayPal account. Once the PayPal payment has been validated, the Customer will be able to complete his order on the Website.

Article 9. Delivery of products

9.1 – Delivery by carrier

Place of delivery: The Products can be delivered in the territory mentioned on the Site. When the order is dispatched, a dispatch confirmation e-mail is sent to the Customer. The Products ordered by the Customer will be delivered to the address and according to the terms and conditions specified in the order.

Delivery time: The delivery time is mentioned to the Customer as accurately as possible before the validation and payment of the order. However, this may change depending on the production time of Skywaven Studios’ supplier. In the absence of any indication as to the delivery date or an appointment for the delivery of the Product, the Product will be delivered at the latest thirty days after the order.

Delayed delivery: In the event of a delay in delivery, the Customer must notify Skywaven Studios’ customer service within 8 days by email to skywavenstudios@gmail.com. If necessary, Skywaven Studios will then contact the delivery service so that an investigation can be carried out.

In the event of late delivery or, failing that, no later than thirty days after the order has been placed, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having asked Skywaven Studios to deliver the Product within a reasonable additional period, the latter has not done so within this period.
The contract shall be deemed to be terminated upon receipt by Skywaven Studios of the letter or writing informing it of such termination, unless Skywaven Studios has performed in the meantime. If the Agreement is terminated, Skywaven Studios will refund the Customer all sums paid within fourteen days of the date on which the Agreement was terminated.

Receipt: Upon receipt of the Product(s) ordered, the Customer must check the conformity of the Product(s). Any anomaly concerning the delivery (missing or broken Product(s), damaged parcel, etc.) must be notified to the carrier and to the Customer Service by e-mail: skywavenstudios@gmail.com within 3 working days of receipt. These reservations must be sufficiently precise and complete to establish the existence and the importance of the damage.

Missing or incorrect information: Skywaven Studios is not responsible for any errors or inaccuracies in data entry and the consequences that may result (delays, delivery errors, etc.). Skywaven Studios reserves the right to charge the Customer for the costs of reshipping a Product resulting from erroneous information given by the Customer or from the absence of the Customer at the time of delivery.

9.2 – Delivery to a collection point

Delivery to a Colissimo collection point consists of the Customer collecting the parcel ordered and paid for on the Website directly from the Colissimo collection point chosen when the order was placed.

To collect their parcel, the Customer must :

  • Go to the Colissimo collection point on the days and times indicated to the Customer,
  • Bring a valid identity document and the order number shown on the order confirmation email.

For more information, see the general Colissimo conditions.

Article 10. No right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, the consumer Customer does not have the right of withdrawal as the Products ordered are made to order according to the options chosen by the Customer.

Article 11. Retention of property

The Product(s) ordered remain(s) the property of Skywaven Studios until full payment has been received by Skywaven Studios. In the event of a payment incident, the Customer undertakes to return to Skywaven Studios the Product(s) received on the first request. However, on the effective date of taking possession of the Product(s), the risks (in particular loss, theft or deterioration) concerning the delivered Product(s) are assumed by the Customer.

Article 12. Guarantees

The legal guarantees below apply independently of any other commercial guarantee that may have been granted.

12.1 – Legal guarantee against hidden defects

The Customer may, subject to compliance with the conditions provided for by the legal texts, implement the guarantee against hidden defects in the item sold (Articles 1641 to 1649 of the French Civil Code). In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

Article 1641 of the French Civil Code: The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the Customer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

12.2 – Legal guarantee of conformity (consumer or non-professional Customer)

When the Customer is a consumer or a non-professional, he/she is informed that the Products sold by Skywaven Studios are likely to benefit from the legal guarantee of conformity (articles L.217-3 to L.217-17 of the French Consumer Code), subject to compliance with the conditions laid down in the legal texts.

In accordance with article L.211-2 of the French Consumer Code, the Customer is informed that when he/she acts under the legal guarantee of conformity, he/she :

  • Has a period of five years from the date of knowledge by the Customer of the lack of conformity;
  • May choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;
  • Is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods or the twelve months following the delivery of the goods in the case of second-hand goods.

Article 13. Liability

In general, Skywaven Studios is not responsible when the bad execution or the non-execution of the obligations resulting from the sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

In the event that Skywaven Studios is held liable, it is expressly agreed that it will only be required to pay compensation for the direct damage that the Customer can prove in accordance with the new article 1231-4 of the French Civil Code.

Skywaven Studios does not assume any commitment or responsibility, in any form whatsoever, with regard to:

  • The consequences of the failure of a client’s computer equipment and/or network (computer, telephone, etc.);
  • The consequences in the event of interruption or failure of the Internet network and/or Internet access services;
  • Incorrect installation, use, normal wear and tear, negligence or lack of maintenance on the part of the Customer.

Article 14. Force majeure

Neither of the Parties shall be held liable in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the French Civil Code (hereinafter “Force Majeure”). The Party suffering from Force Majeure shall notify the other Party of its occurrence without delay. In the event of Force Majeure, if the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the Contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in the new Articles 1351 and 1351-1 of the French Civil Code.

Article 15. Personal data

The Skywaven Studios privacy policy is available here in different versions applicable for each mentioned country or geography:

Article 16. Opposition to telephone solicitation

If the Customer’s telephone number is collected when placing an order, the Customer is informed that his telephone details will only be used for the proper execution of his orders or to contact him in order to offer him new services.

Without prejudice to the foregoing, in accordance with Articles L.223-1 and L.223-2 of the French Consumer Code, the Customer is also informed that there is a list of opposition to telephone canvassing called “Bloctel” on which it is possible to register online.

Article 17. Intellectual property – Protection of databases

The sale of the Products does not include any transfer of intellectual property rights: the Customer’s rights on the work are limited to a right of private use, excluding any right of representation and reproduction. Consequently, any distribution, rental, public availability or other analog or digital exploitation, in whole or in part, is forbidden without the express, prior and written consent of Skywaven Studios. If the Customer wishes to benefit from such an authorisation or transfer of rights, he can contact Skywaven Studios to obtain a tariff proposal.

In general, all elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of Skywaven Studios or its suppliers. Any reproduction, representation or reuse, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement of copyright which may result in civil and criminal liability for the infringer. The Customer who has a personal website and who wishes to place, for personal use, a simple link directly to the Site, must request prior written authorisation from Skywaven Studios, without this authorisation being considered as an implicit agreement of affiliation. In any case, any link must be removed upon request from Skywaven Studios.

It is forbidden to systematically extract and/or re-use parts of the content of the Skywaven Studios website without prior written permission. In particular, you may not use a data mining robot or similar data gathering or extraction tool to retrieve (in one or more instances) or reuse any substantial part of the Skywaven Studios website without Skywaven Studios’ prior written consent. You may not create and/or publish your own databases which contain substantial parts (e.g. prices and product lists) of the Skywaven Studios website without prior written permission.

Article 18. Partial invalidity

If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.

Article 19. Changes to the site or terms of sale

Skywaven Studios reserves the right to make changes to its Site, its procedures and its T&Cs at any time. Each Customer is subject to the procedures and T&Cs in force at the time he/she orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in which case, this change may apply to previous orders made by the Customer).

Article 20. Agreement of proof

In addition to the legal provisions recognising the evidential value of electronic writing, the Customer acknowledges the validity and evidential value of e-mails, SMS, and digital notifications and recordings made by Skywaven Studios.

Article 21. Complaints

Any complaint can be addressed to Skywaven Studios by e-mail or post to the addresses mentioned in article 2 of the GTC.

Article 22. Mediation

When the customer is a consumer in the sense of the preliminary Article of the French Consumer Code, in accordance with Article L.612-1 of the French Consumer Code, within a period of one year from the date of his written complaint and subject to Article L.152-2 of the French Consumer Code, he has the right to make a request for amicable resolution by means of mediation, with the following mediation centre to which Skywaven Studios belongs:

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link.

For professionals, any dispute may be submitted to a mediator such as the French Business Ombudsman.

Article 23. Applicable law – dispute

The GTC are subject to French law. In case of translation, the French version prevails.
If the customer is a merchant, any dispute, whatever its nature, relating to the interpretation, validity and execution of the contract concluded with Skywaven Studios, even in the event of recourse to a guarantee or multiple defendants, will be subject to the exclusive jurisdiction of the competent court of the place of the registered office of Skywaven Studios.

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