Article 1 - Object

These SGACF general conditions of sale set out the parties’ rights and obligations with regard to the sale on the Website of Photographic Reproductions, as this term is defined below, by SGACF to the Buyer on the Website (hereinafter referred to as the “General conditions of sale”).

These General conditions of sale are concluded between SGACF, a simplified joint stock company with capital of 2,046,875 € (intra-community VAT no. FR 11 732 034 491) whose registered office is at 6/8 place de the Concorde à PARIS (75008) France identified in the SIREN under number 732 034 491 and registered in the Business and Companies' Register, Paris (hereinafter referred to as “SGACF”), and the physical persons or legal entities wishing to make a purchase via the Website,

By placing an Order for Photographic Reproductions on the Website, the Buyer acknowledges having read these general conditions of sale and accepted them without restriction. This acceptance is in no way dependent on a hand-written signature on the Buyer’s part.

No special condition or any other written document contained, for example, in documents issued by the Buyer (including the Order) may prevail over these general conditions of sale without SGACF’s prior, express written agreement.

It is stipulated that the Buyer may save or print these general conditions of sale, on the condition, however, that he does not modify them.

SGACF reserves the right to modify these general conditions of sale. Any new version of these will be pointed out to the Buyer on the Website and it will be his duty to read them.

Article 2 - Terminology

The following definitions apply under this contract:

Buyer: designates the physical person or legal entity who places an order with a view to acquiring one or more Photographic Reproductions on the Website.

Order designates each reservation or acquisition of one or more Photographic Reproductions carried out via the Website under the conditions provided for in the general conditions of sale.

Invoice designates the standard digital or pre-printed invoice supplied by the vendor, the subject of which is the Photographic Reproduction concerned and containing the restrictions that apply to the transfer of rights (where relevant), in addition to those specified in these conditions and the price. The Invoice will be considered to form an integral part of this contract and included in any reference to this contract.

Photograph(s): designates the digital image(s), whatever their format or medium, present on the Website and produced from original glass plates from the photographic collection placed at SGACF’s disposal.

Photographic Reproductions: designate(s) the limited number of copies of photographic prints taken from the original Photograph plates and sold on the Website by SGACF.

Reproduce designates all forms of publication, communication to the public, reproduction, public representation or copies of the Photographic Reproductions and the Photographs, either totally or partially, identical or in a modified form, particularly by printing, photography, slide projection, photocopy, artist’s view, reproduction, transmission, provision or storage by electronic, mechanical or other means. Such usages must be the subject of a special, written contract concluded in advance between the Buyer and SGACF or any person appointed by the latter for that purpose.

Website: designates the Website, which may be accessed via the following addresses: www.collectionacfphotovehicule.com
It is hereby stipulated that access to the Website requires the Buyer to obtain a “password”, which entitles him to browse on the Website and access the various themed galleries in which the Photographs are exhibited.

Article 3 - Photographic Reproductions

SGACF presents the Photographic Reproductions on the Website along with their descriptions, thus giving the Buyer the opportunity to study the essential characteristics of the Photographic Reproductions that he wishes to by before he places the Order, in accordance with the provisions of article L. 111-1 of the Consumer Regulations.

With regard to the presentation of the Photographic Reproductions on the Internet, it is possible the impression perceived by the Buyer of the representation of the Photographic Reproduction does not accurately match the Photographic Reproduction itself.

Article 4: Intellectual Property / The Buyer’s rights and obligations.

The Photographs come from the photographic collection belonging to the Automobile Club de France (A.C.F.) which has put together a collection of approximately 2,.500 photographic plates linked to cars and produced between 1895 and 1910. This photographic collection is considered to be a database protected under articles 112-3 and 112-8 of the Intellectual Property Regulations.

In addition, the Photograph(s) and Photographic Reproduction(s) are protected as such by article L-122.2.9 of the Intellectual Property Regulations.

In this context, the Buyer agrees not to extract, download, reproduce or exhibit the Photographs in any form whatsoever.

4.2  In addition, considering the nature of the Photographic Reproductions, their usage is regulated. SGACF grants the Buyer a limited right of ownership for the Photographic Reproduction(s), to the exclusion of any authorisation to reproduce.

The Photographic Reproduction(s) sold by SGACF under these conditions is/are sold for the purpose as mentioned in (i) the online Order placed by the Buyer, (ii) or the special contract concluded between the Buyer and SGACF and in accordance with the provisions set out in these.

The Buyer agrees to abide by the usage restrictions that accompany the sale of the Photographic Reproduction(s).

The Buyer is bound to ensure that the word SGACF accompanies any usage of the Photographic Reproduction(s) expressly authorised by SGACF. Furthermore, and in application of the provisions of the Intellectual Property Regulations, he agrees not to damage, mask or delete the wording, seals and watermarks affixed by SGACF to the Photographic Reproductions sold.

4.3  As part of the sale of the Photographic Reproductions and the viewing of the Photographs on the Website, and without prejudice to the provisions relating to Reproduction rights, the Buyer also agrees not to:

• make the purchased Photographic Reproduction available on a medium accessible to third parties;

• sell or distribute an end product containing the purchased Photographic Reproduction, or to transfer these rights in such a way as to allow a third party to download or extract the purchased Photographic Reproduction, or to access it as if it was an autonomous file;

• include the purchased Photographic Reproduction in an electronic system used to enable third parties to make electronic or printed reproductions;

• use or display the purchased Photographic Reproduction on Websites or any other medium intended to encourage or involve the sale, franchising or other method of distributing “on demand” products, particularly, though not exclusively, postcards, cups, T-shirts, calendars, posters and other articles.

In addition, the purchased Photographic Reproduction may not be made to form part of a logo, commercial trademark or service trademark.

The use of the Photographic Reproduction must not violate any restriction in terms of use, notified to the Buyer before or on the date on which the Photographic Reproduction is delivered. The said restrictions may be included in the information supplied with the Photographic Reproduction on the Website or in any other written communication from SGACF.

The said restrictions notified to the Buyer will form part of the contract.

Article 5 - Prices

The prices applied will be those shown on the Website when the Buyer confirms his Order.
The prices of the Photographic Reproductions are given in euros, ex-VAT & incl. VAT. The prices are subject to French VAT and any change in the legal rate of this VAT will be passed on into the price of the Products presented on the Website, on the date stipulated by the application decree relating to it.

SGACF reserves the right to change its prices at any time, but the Photographic Reproductions will be invoiced at the price in force when the Order was placed.

The prices shown do not include the cost of carriage, additional packaging or a contribution towards logistical preparation, which will be invoiced extra and calculated according to the delivery destination of the Photographic Reproductions. These costs will be shown before the Buyer confirms his Order, on the Order summary and on the Order confirmation email.

The provisions of the General Tax Regulations relating to VAT will apply to deliveries of Photographic Reproductions outside France.

Article 6 - Process for ordering the Photographic Reproductions

Orders for Photographic Reproductions may be placed solely on the Website. Buyers may also contact customer services on the help or contact page for any further information concerning the Photographic Reproductions, the Order and the delivery.

The Buyer must have read the general conditions of sale before placing an Order. Therefore, any Order is deemed to mean that the Buyer has accepted the general conditions of sale and the prices.

It is not possible to place an Order from a country that is not on the list of destination countries authorised by SGACF. The geographical area covered by each sale may vary. SGACF may apply country filters to its Website to block Orders from countries not open for the sale.

By browsing on the Website, the Buyer will be able to freely see the different Photographic Reproductions offered for sale and their prices on the day on which he visits the Website. The Buyer simply clicks on the Photographic Reproduction icon to order one or the other of the Photographic Reproductions.

Once he has completed his selection of the Photographic Reproductions, the Buyer will be asked to enter his contact details by accurately filling in the form placed at his disposal. In order to be confirmed, an Order must contain all the information required for it to be processed.  The Buyer must therefore confirm the delivery destination (home, office, the home of a third party, the holiday address, etc.) and provide a valid telephone number, preferably a mobile to remain accessible.

Once the form has been completed in full, an Order summary will set out all the information relating to the Order, and the Buyer will be asked:

• either to click on the button “Confirm my order” to pay for the Order;
• or to click on the button “Change your order” to change the characteristics of his Order and/or the information relating to his personal contact details;

Once the Buyer has confirmed the Order, it is sent to SGACF Customer Services. Subject to the Order being available, it is considered to be firm and final once it has been confirmed by SGACF to the Buyer. The Order is not dispatched until our sales department has received full payment from the Buyer, including VAT and carriage costs.

SGACF reserves the right to refuse any Order or delivery in the event of an existing dispute with the Buyer as a result of the Buyer’s failure to meet his obligations under the terms of these general conditions of sale.

Once payment for the Order has been received, SGACF will confirm the Order as soon as possible by email or another means if there is a failure in the electronic messaging system lasting more than 24 hours.

The Order confirmation email sent by SGACF will include the following information:

• the Order number;
• the Order summary (designation of the Photographic Reproductions, quantity, prices);
• the total cost of the Order, ex-VAT and incl. VAT;
• payment arrangements;
• payment confirmation;
• carriage costs;
• delivery arrangements
• a estimated delivery time;
• Information on the conditions and exercise of the right of withdrawal.

Article 7 - Availability

Considering the special nature of the Photographic Reproductions, the Photographic Reproduction offers are valid for as long as they are visible on the Website, within the limits of available stock and the number of Photograph prints that can be produced.

Bearing the above in mind, SGACF therefore reserves the right to refuse and/or cancel an Order.

If stocks are not available after an Order has been placed, the Buyer will be informed by e-mail, fax or telephone. SGACF may, in certain cases, offer to supply a Photographic Reproduction at the same price. If the Buyer does not accept, and if the payment has already been debited, SGACF will refund it within a maximum of 30 days.

Article 8 - Payment

Payments are made on the Website by bank card using the usual purchasing methods in each country covered by our offer. The cards accepted are Visa - Eurocard Mastercard - American Express or Paypal.

”S.G.A.C.F.”has opted for the highly effective BNP PARIBAS security system and adopted the SSL (Secure Socket Layer) encrypting process. Buyer data linked to payment are protected as effectively as possible. SGACF never has access to confidential information relating to payment. Only the bank has this data, which may not be accessed by a third party as the transactions take place directly on their site.

Article 9 - Delivery

9.1  SGACF retains ownership of the Photographic Reproductions ordered until the price of the Order has been paid in full, including carriage costs.

9.2  If the Photographic Reproduction(s) is/are available in stock, and/or the Photograph(s) are being printed, the Order will be delivered to the address stipulated by the Buyer during the ordering process. If you have entered an incorrect address, please contact customer services immediately to give them the correct address.

The dispatch time for available Photographic Reproduction Orders is 10 to 30 days from receipt of the Order, to which must be added the time taken by the carrier to transport the Order to the delivery address.

The dispatch time is stated at the Order confirmation stage and in the Order confirmation email. It is also stated on the “account” page, in the “My gallery” section.

9.3  If the Photographic Reproduction(s) is/are not available in stock, and/or the Photograph(s) need to be printed, the Order will be delivered to the address stipulated by the Buyer during the ordering process with the time set out below.

The meticulous process used to manufacture the Photographic Reproductions in limited editions on baryta paper from original glass plates requires a minimum manufacturing time of 30 days.

In this case, the dispatch time for an Order for available Photographic Reproductions is 30 to 45 days from the confirmation of the Order, to which must be added the time taken by the carrier to transport the Order to the delivery address.

9.4  When a full Order is dispatched, SGACF sends an Invoice including delivery costs and VAT. A delivery note is always attached to the parcel, along with the certificate of authenticity relating to the Photographic Reproduction concerned.

SGACF sends the Photographic Reproductions to the following countries: mainland France and Corsica, Great Britain, Germany, Italy, Austria, Ireland, Denmark, Sweden, Spain, Portugal, Belgium, Luxembourg, the Netherlands, Finland, Greece, Switzerland, Canada, Japan and the United States.

9.6  SGACF sends the Photographic Reproductions to the French Overseas Dominions and Territories, but may refuse any Order to be delivered outside the geographical area it covers; in this case, the Order will be refunded in full if it has not been dispatched.

As deliveries are subcontracted, the Buyer is informed that SGACF cannot in any way be held liable if the failure to perform the obligation or the poor performance of the obligation may be ascribed to the Buyer or to an unforeseeable or insurmountable action by a third party affecting the contract or to a case of force majeure.

9.8  Delivery will take place within thirty to forty-five (30 to 45) days of the Order at the latest, unless contrary arrangements have been made, in which case the Buyer will be informed before he places his Order, and an average delivery time will be given.

9.9  Each delivery is deemed to have been completed once the Photographic Reproductions have been made available to the Buyer by the carrier, documented by the control system used by the carrier.

9.10 It is the Buyer’s responsibility to check the Photographic Reproductions immediately, on receipt, to ensure that they match his order and that they are in good condition.
Without prejudice to the period that the Buyer has in respect of his right of withdrawal, as stipulated in article 10 below, it is the recipient’s responsibility to check the dispatched goods on arrival and to express to the carrier all justified reservations and claims in the event of late delivery, breakage, missing goods or torn packages.

9.11 Delivery problems

9.11.1 Parcels/Articles that are damaged or do not match the Order

The Buyer must refuse any damaged parcels and express his reservations in the form of detailed, dated, explicit hand-written comments, accompanied by his signature on the delivery note.

On opening the parcel, if he discovers an anomaly concerning the contents, the Buyer must send his claims to SGACF on the day or the day after the delivery, if the anomalies are: damaged Order: scratches, bumps, impacts, etc.

If the parcel received does not match the Order (objects, colours, sizes or quantities), the Buyer has an extended deadline of 2 weeks in which to send his claims to SGACF.

To do this, the Buyer should, first of all, contact customer services via the website: manuela.ribeiro@sgacf.com.

Any claim made after these deadlines may be rejected and the Buyer will have no possibility of appeal. If the Buyer does not express a claim or reservations, it is assumed that the delivered Order has been deemed to be satisfactory and no complaint may be made at a later date.

9.11.2  Incorrect address or absence at the time of delivery:

SGACF reserves the right to re-invoice the cost of a second delivery (this to be exactly the same cost as that shown for packaging and dispatch on the initial Invoice) if the delivery address turns out to be incorrect or incomplete, or if the recipient is absent.

Article 10 - The Buyer’s right of withdrawal (article L.121-20 of the Consumer Regulations)

In accordance with the provisions of article L 121-20 of the Consumer Regulations, the Buyer has a right of withdrawal within the 7 working days following the receipt of his Order, without having to give reasons.

If he decides to exercise this right of withdrawal, and to organise the return of the Order, the Buyer must firstly inform manuela.ribeiro@sgacf.com of his intention to use his right of withdrawal on all or part of his Order (on the website on the contact page, “contacting customer services”).

Any request that does not reach SGACF within this 7-day period, for any reason whatsoever, will not be accepted.

If the Buyer exercises his right of withdrawal within the above-mentioned period, only the price of the Photographic Reproduction(s) subject to the right of withdrawal and the dispatch costs will be refunded; the costs and risks linked to returning the goods will be paid by the Buyer,

The Photographic Reproductions subject to the right of withdrawal must be returned in their original packaging and packing to the address given by customer services.

Under the right of withdrawal, if any Photographic Reproductions are returned incomplete, damages, soiled or unsuitable for resale, SGACF may refuse to refund the returned Photographic Reproductions or make a deduction from the amount of the refund.

Article 11 - Compliance / right of return

SGACF agrees that, wherever possible, it will refund or exchange any Photographic Reproductions that are non-compliant, or visibly defective, spoiled or damaged, or not matching the Buyer’s Order.

In this case, the Buyer is authorised to return the non-compliant Photographic Reproduction to SGACF within 2 weeks of receiving it.

 In this case, the Buyer should follow the return procedure set out in article 12.

In all cases, the Buyer is covered by the legal guarantees concerning compliance and hidden defects, in accordance with the legal provisions in force, which are set out below.

The stipulations in this article do not prevent the Buyer from exercising the right of withdrawal provided for in article 10.

Article 12: Procedure for returning a Photographic Reproduction

To exercise his right of withdrawal (article 10) or in the event of a non-compliant Photographic Reproduction (article 11), the Buyer must, within the deadlines set out in article 10 (right of withdrawal) and 11 (compliance / return), contact Customer services on the SGACF website (contact page, “contacting customer services”).

The Buyer then has the periods set out in articles 10 and 11, commencing on the date of delivery, in which to return the Photographic Reproduction, which must be returned in a condition suitable for resale, i.e. complying with the return conditions set out below:

• in its exact original condition,

• inside its packaging, which must be intact,

• with any accessories that were attached,

• with its certificate of authenticity

To facilitate the reception of the returned Order and speed up the refund process, we recommend that the sales invoice sent to the Buyer is attached to the return parcel.
The Buyer must cover all costs and risks linked to the return of the Photographic Reproduction.

SGACF with refund the Buyer by a bank re-credit within 30 days at the latest of the date on which the Buyer exercised his right.

Article 13: Guarantee

In accordance with the legal provisions, SGACF agrees to refund or exchange any Photographic Reproductions that are visibly defective, spoiled or damaged, or that do not match your Order.

The following are not covered by this guarantee: damage to the Photographic Reproduction arising from negligence, ill treatment or inappropriate use.

In all cases, the Buyer is covered by the legal guarantees concerning compliance and hidden defects, in accordance with the legal provisions in force:

Article L211-4 Consumer Regulations

The vendor is bound to deliver an article that complies with the contract and is responsible for any lack of compliance that may exist on delivery. He is also responsible for any lack of compliance that may arise as a result of the packaging or the assembly or installation instructions where he is held liable for these by the contract or where they have been produced under his responsibility.

Article L211-5 Consumer Regulations

To comply with the contract, the article must:
1° - Be suitable for the usage usually expected of such an article and, where relevant:

• match the description given by the vendor and possess the qualities that the latter has presented to the Buyer in the form of a sample or model
• present the qualities that a Buyer may legitimately expect in the light of public statements made by the vendor, the manufacturer or his representative, especially in the advertising or on the labelling

2° - Or present the characteristics defined by joint agreement between the parties or be suitable for any special use sought by the Buyer that has been brought to the vendor’s attention and agreed by him.

Article L211-12 Consumer Regulations
Action arising out of lack of compliance lapses two years after the article has been delivered.
Article 1641 Civil Code
The vendor is bound by the guarantee with regard to hidden defects in the article sold that make it unsuitable for the use for which it is intended or which reduce the effectiveness of the use to such an extent that the Buyer would not have bought it, or would only have offered a lower price, if he had known.
Article 1648 section 1 Civil Code
 The Buyer must take action to remedy latent defects within two years of discovering the defect.

Article 14: Customer services

Our customer services are on hand to answer your questions and provide any further information: manuela.ribeiro@sgacf.com

Article 15 - Partial invalidity

If one or more stipulations in these general conditions of sale are held to be invalid or declared as such in application of a law or regulation or as a result of a final ruling given by a competent court, the other stipulations will retain their full force and scope.

Article 16 -  Integral nature of the contract

In the event of a contradiction between the various documents sent by SGACF, the general conditions of sale will prevail.

Article 17 - Computer files and civil liberties

The information collected by SGACF when any Order is placed by the Buyer is required in order to process and deliver the Orders and draw up Invoices.

In order to provide a service that meets the needs of its Buyers, “S.G.A.C.F.” may be required to collect data relating to the reputation and use of its own services. This data will only by used on an anonymous, globalised basis.

This data will not be either hired or sold to third parties. The optional information requested on registration is only used for the purposes of our internal statistics.

In accordance with Act no. 78-17 of 6 January 1978 relating to computers, files and civil liberties, the processing of named information collected on the Website has been declared to the “Commission Nationale de l'Informatique and des Libertés” (CNIL, National Commission for Computer Files and Civil Liberties). The Buyer has the right to access, modify, correct and delete personal information collected by SGCAF concerning him. To exercise this right, the Buyer may, if he chooses, send an email to customer services at SGACF.

This information may be modified in the “account” section on the website www.vehiclesphotoscollectionsgacf.com. You also have a right to access, correct and/or delete personal information by contacting SGACF at this address: manuela.ribeiro@sgacf.com.

Declaration to CNIL: In application of Act no. 78-17 of 6 January 1978 relating to computers, files and civil liberties,

www.collectionacfphotovehicule.com

Article 18: Applicable law

18.1 Legal competence

 SGACF’s general conditions of sale will be enforced and interpreted in accordance with French law.

Subject to any contrary provisions in the Civil Procedure Code, all disputes will be referred for arbitration to the courts in Paris, even in cases of requests for contributions from third parties or plurality of defendants.

18.2 Liability

SGACF’s liability under the terms of the general conditions of sale may not exceed a sum equal to the sums paid or payable during the transaction in which the liability originated, whatever the cause or form of the action concerned.