TOS

TERMS OF SERVICE

ARTICLE 1. SCOPE

The general conditions of sale detailed below (hereinafter referred to as the "General Conditions") govern the contractual relationship between any user of the oysterphotographer.com site (hereinafter referred to as a "User" or "You") belonging to the FCG SARL with a capital of 7,700 EUROS, whose head office is located at 104 rue du Maréchal Joffre - 92700 Colombes FRANCE and registered in the Nanterre Trade and Companies Register under number 439 025 636 (hereinafter referred to as "Ferret consulting Group").

These general conditions of sale are the only ones applicable and replace all other conditions, except prior, express and written derogation. FCG may occasionally modify some of the provisions of its general conditions, so it is necessary that they be reread before each visit to the oysterphotographer.com site (hereinafter referred to as the "Site"). These modifications are enforceable from the time they are posted online (the date of posting appearing at the end of these conditions) and cannot be applied to contracts concluded previously. Each purchase on the Site is governed by the general conditions applicable on the date of the order. By validating your order, you unreservedly accept the General Conditions after having read them. By accessing the Site, you agree to abide by these terms. It is specified that the present conditions govern the sales of photographs and frames of Oyster photographer on the Site. These conditions apply, to the exclusion of all other conditions, in particular those in force for sales in the Online Galleries (hereinafter referred to as the "Online Galleries") or in shops distributing Oyster photographer photographs.

ARTICLE 2. USE OF THE SITE

To use the Site, you must be at least 18 years old, be legally capable of contracting and using this Site in accordance with these General Conditions. You guarantee the truthfulness and accuracy of the information provided by you on this Site. FCG reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The Site is available in French and English. The language of the Site depends on the language of Your internet browser. If the language of your internet browser is not one of the two languages ​​above, the language of the Site will be French. You can change the choice of language on the home page of the Site.

1) Essential characteristics of the products

The products sold on the Site are numbered art photographs in a limited series (1 out of 30) printed in subligraphy on Aluminum Chromaluxe ® with a base frame in an aluminum re-entrant frame. These same photos can be sold as an "option" and on request for a quote with an American box frame. The photographs are offered in 7 formats on the same aluminum support, according to the agreements made between the photographer and FCG. Each photograph is accompanied by a certificate of authenticity in French on the back of the work, signed by the photographer and numbered in a limited edition from 1 to 30.

The prices are indicated inclusive of all taxes, excluding participation in shipping costs. Only payments in euros are accepted. In the event of delivery to a country other than metropolitan France, you are the importer of the work(s) concerned. For all works shipped outside the European Union and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable.

These rights and sums are not the responsibility of FCG. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

FCG reserves the right to modify its prices at any time, in particular due to fluctuations in the price of aluminium. The works will be invoiced on the basis of the rates in force at the time of the registration of the orders, subject to availability. The works remain the property of FCG until full payment of the price indicated.

2) Order

To place an order, You must at least go through the following steps:

• Consultation of the sheet presenting a photograph. On this screen You can choose the format and the support among those proposed for this photograph. The stock status is indicated (in stock / available for pre-order available within 1 month). You must click "Add to Cart" to add this item to your cart.
• “Basket” screen: you can delete an item or modify the quantities ordered.
• Screens for identification or creation of a customer account.
• Screen for choosing the delivery or collection method (Pickup store in our workshop – photo laboratory located at 11 rue Nollet 75017 Paris). On this screen you will be offered a link to modify the items in your order.
• Summary screen and choice of payment. This screen allows you to choose your payment method and check the various elements making up your order (items, quantity, delivery method, total price). You must ensure that all of these elements comply with your request. Thanks to the links on this screen, You have the possibility to modify your order.
• You must then accept these general conditions of sale and use of the Site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled "general conditions of sale". Their acceptance is made by ticking the box affixed to the link to these conditions. The general conditions of sale and use of the Site must be accepted with each order.
• You pay for your order by the chosen payment method
• The contract is concluded upon confirmation of payment by the bank.
• The Site sends you a confirmation of your order by e-mail within minutes.

3) Means of payment

You are offered several payment methods to pay for your order on the Site:

• Credit card, virtual credit card, Visa, Mastercard.
• PayPal
• Bank transfer (orders from the European Union only)

4) Payment Security

For payments by credit card, the transaction is carried out by Playplug, the CIC payment system, on the CIC website. The User's bank details are encrypted (SSL technology, Secure Socket Layer). They do not circulate unencrypted on the Internet and cannot be intercepted. Your bank details (card number, expiry date, etc.) are not communicated to FCG.

5) Proof

The data recorded by the Site constitutes proof of all transactions between the Site and its customers. The data recorded by CIC's Playplug payment system constitutes proof of financial transactions.

6) Delivery

Order processing

Orders placed before midnight (Paris time, GMT+1h), from Sunday to Monday, excluding public holidays, are dispatched within 48 hours (for photographs indicated as "in stock"). In other cases, orders are shipped within 15 days to a maximum of one working month following. All of the works ordered are sent in a single order.

Works marked "available within 1 month" will be shipped within 1 month on average. Works marked "sold out" can no longer be ordered due to our limited editions (1 out of 30).

Delivery address

FCG delivers in metropolitan France and in 24 countries (Germany, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic , United Kingdom, Slovakia, Slovenia, Sweden). Delivery to another country must be made on request via our contact form on our site or by email to contact@oysterphotographer.com

The delivery will be made to the delivery address that you will have validated at the time of the order as being the "delivery address", this address may be different from the "billing address".

Changing the delivery address after placing the order is often not possible for logistical reasons. You can however contact us, if you wish to change your delivery address, we will study the possibilities according to your order.

Delivery methods and deadlines

The possible delivery methods depend on the quantity, the size of the item(s) ordered, the weight of the works and the country of delivery. If your order includes items of different sizes, the size of the largest item is taken into account. FCG reserves the right to choose the carrier.

The delivery date depends on the state of the stock, the date of shipment of the order and the delivery time induced by the delivery method.

Estimated delivery times are two (2) to six (6) working days (excluding Saturdays, Sundays and public holidays) from the sending of the Delivery Email.

For products that are not indicated as "in stock", from the receipt of the order, its payment and the manufacture of the product until delivery will take place within fifteen (15) days to twenty (20) days working days (excluding Saturdays, Sundays and public holidays). The time may be slightly longer when the products must be delivered to areas with difficult access. We will make our best efforts to deliver the products ordered within the time indicated in the Delivery Email. For Deliveries to a delivery point, an email or an SMS will be sent to you as soon as your package arrives at the delivery point of your choice. From the day of delivery, you can collect the package on presentation of an identity document.

Even if we do our best to deliver your products within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against us. However, the maximum period of thirty (30) days from the date of receipt of the Delivery Email is guaranteed.

For orders with a pick-up from our Pick-up store/Atelier in Paris, the customer has a period of 4 months after being notified of the availability of his order to collect it. Failing this, the order will be canceled and the sums paid previously will be retained by the supplier as compensation. After this period, the customer can not claim either a refund or a discount of the goods.

Shipping costs

The shipping costs payable by the customer vary according to the country and the delivery method as well as the number, weight and format of the works ordered. Details of shipping costs are available by following this link.

By creating your account, you accept the T&Cs of the FCG account, you become an FCG Client and you will benefit from the services and advantages offered by FCG. For FCG customers, shipping costs are free in Paris intramural and at our Pick-up store/Atelier.

 

Taxes and customs fees outside the European Union

Items shipped outside the European Union may be subject to taxes, customs duties and other taxes in the country of destination, hereinafter referred to as “Import Charges”. The recipient of the order accepts by placing an order to be designated official importer in the country of receipt of the order and is responsible for import costs. For each of the items imported, you authorize FCG to appoint a carrier to act as an intermediary with the competent authorities for the management and payment of import charges in the country of destination. You also agree by placing an order that the carrier may share with FCG the amount of such import charges. In the case of an order placed as part of a gift or as an intermediary for another person, you agree to give the above authorizations on behalf of the recipient designated in your order. For details of actual import charges, or to obtain documents or receipts related to customs clearance, you may contact the designated carrier listed in your shipment confirmation.

Receipt of delivery

Upon receipt of your order, it is your responsibility to open the package to assess the condition of the works and/or frames. If you do not personally receive the package, ask the person in charge of receiving the package to do this check. In the event of a problem, please return your package to the delivery person (La Poste or private carrier) stating the problem encountered and contact our customer service the same day.

Do not sign the delivery slip if the order arrived damaged. No claim will be admissible if the delivery note is signed.

In the case of a delivery by private carrier, the carrier is not required to deliver inside your home and can give you the package at the entrance of your building or house.

We therefore advise you to provide assistance if necessary to carry the package to your home.

Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest. (art L 133.3 of the Commercial Code).

The customer has a period of 4 months after being notified of the availability of his order to collect it from our Pick-up store/Atelier in Paris. Failing this, the order will be canceled and the sums paid previously will be retained by the supplier as compensation. After this period, the customer can not claim either a refund or a discount of the goods.

7) Right of withdrawal

In accordance with article L221-18 of the consumer code, you have a right of withdrawal to return the work that does not suit you. You can use the model withdrawal form but it is not mandatory.

Model withdrawal form

To the attention of FCG SARL, 104 rue du Maréchal Joffre, 92700 Colombes, E-Mail: contact@oysterphotographer.com

I/We (1) hereby notify you of my/our (1) withdrawal from the contract relating to the sale of the goods (1)/for the provision of the service (1) below

Ordered on (1)/received on (1)

Name of consumer(s)

Address of consumer(s)

Date

(1) Cross out what is not applicable.

For any order on the Site, you have a period of fifteen (15) calendar days to notify us of your return request.

To do this, please contact our customer service who will give you the return address and you will then have 14 days to return your order.

• If your order was delivered by post (Colieco, Colissimo, Chronopost), you can return your order to us by post (return costs at your expense) or drop it off at our Pick-up store/Atelier in Paris (Graffiti System 17 rue Nollet 75017 Paris).
• If your order was delivered by a carrier, the latter will pick up your order. This service will be billed to you at the same price as the initial delivery charges.
• If you have chosen to collect your order from our Pick-up store/Workshop, you can return it to the same place, send it back to us by post or by carrier, at your expense.

No shipment against reimbursement will be accepted, whatever the reason.

Items returned without their original packaging or incomplete, damaged, damaged or soiled by the customer are not taken back. Return costs are your responsibility.

FCG will refund you the price of the returned items as well as the initial shipping costs (return costs remain your responsibility) within 14 days of receipt of the items or of receipt of proof of shipment of the items. This refund will be made by crediting the bank account used for payment, by bank transfer, according to the method of payment used when ordering.

8) Right of return

In the event that the works received do not conform to the order, you have a right of return. In this case, please contact our customer service who will tell you the address and the return procedures. To print the return slip, click here .

FCG will exchange the damaged item, within the limits of available stocks. In the event that an item is no longer available, FCG will suggest that you choose another item of an equivalent amount.

In the case of the exercise of the right of return and only in this case, the costs of return and new shipment are borne by FCG.

9) Customer service and complaints

For any information or questions, you can contact our customer service via our Contact form or by email; contact@oysterphotographer.com

We will be very happy to give you all the information you want about our works and your order.

10) Gift cards

They cannot be used on our website.

11) Conditions of our special offers:

All our special offers relate to the purchase of works in diptychs and triptychs mentioned on our site.

They all benefit from a 10% to 15% discount on the price of the overall order all year round.

12). Framing option / American case

All our works are sold as standard with an aluminum re-entrant frame.

We nevertheless offer the possibility to our customers to be able to make a purchase of these same works with a frame with an "American box".

To do this, the client must send us a request via our contact form or by email contact@oysterphotographer.com so that we can establish a quote for him within a maximum of 24 hours including the price of the work and the delivery costs. correspondents.

Said customer must send us by email his surname, first name, delivery address as well as the references of the work or works he wishes to order.

ARTICLE 3. FORCE MAJEURE

Pursuant to article 1148 of the Civil Code, FCG cannot be held responsible or considered to have committed a fault in the processing of your file, if any delay or non-performance results from a case of force majeure.

ARTICLE 4. PROTECTION OF PERSONAL DATA

In application of the law n ° 78-17 of January 6, 1978 modified relating to data processing, files and freedoms, of the European regulation on the protection 2016/679 relating to the protection of the natural persons with regard to the processing of personal data and the free movement of such data, oysterphotographer.com informs the User of its commitment to respect the confidentiality, integrity and security of the data that the user will be required to communicate to it through the Site. .

Any personal data identifying you directly (in particular your surname, first name, postal, electronic, telephone details) or indirectly (in particular your computer traces left by your browsing on the Site) are considered confidential data and are treated as such, under subject to the evolution of the legal framework on the qualification of personal data.

4.1. Processing of data relating to the Services

4.1.1 Processing

Subscribing to, accessing and/or using certain Services involves the processing of personal data, which you accept. The person responsible for processing users' personal data is referred to in Article 1.1. of these general conditions of use.

FCG, data controller whose head office is located at 104 rue du Maréchal Joffre, 92700 Colombes is aware of the trust you place in it by entrusting it with your personal information for the use of its services. FCG attaches the greatest importance to the confidentiality and security of these.

As such, FCG undertakes to respect this privacy policy, which you accept when you use its services.

4.1.2 Declaration of the processing of personal information

The automated processing of personal information has been declared to the National Commission for Computing and Freedoms under number 1280165.

By creating your account, you accept the T&Cs of the FCG account, you become an FCG Client and you will benefit from the services and advantages of FCG. If you have not objected to the confirmation of registration, you will receive information and commercial offers concerning FCG by email or sms. If you no longer wish, you can modify these choices in your Customer Account on the Site or by writing to us at the address below.

In application of the Data Protection Act of January 6, 1978, You have the right to access, modify, rectify and delete data concerning you. You can exercise this right by sending us a letter to the following address: FCG Service client - 104 rue du Maréchal Joffre, 92700 Colombes – France.

You can also consult or modify your personal data in your customer account on oysterphotographer.com.

4.1.3 Nature and purpose of personal data

By using our portal or our services, the User is required to communicate to FCG information or data, some of which are likely to identify him directly or indirectly.

The data collected comes from the voluntary provision of their information by users wishing to access or use a Service requiring such processing, from the computer traces left by navigation on the Site or from the transmission by one of the partners to the other partner of the data thus collected.

This data may be used for the purposes of managing the operations carried out on the Site and the commercial actions of oystrphotographer.com.

This data is also used:

- For the creation and management of user accounts;

- For the provision of FCG services;

- To monitor the relationship with users;

- To transmit requests for information made by the User to carriers;

The User's personal data collected by FCG may be:

- his first and last names

- his e-mail address

- his telephone number

- his postal address

- its Internet Protocol (IP) address

- His username and password

- A copy of the exchanges between FCG and the user

- Information relating to its navigation and activity.

- His information relating to his geolocation

Tracking tools and apps

FCG uses the following tools:

- Facebook Analytics: (Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) tool for analyzing traffic and actions performed on the Site;

- Google Analytics: (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) monitoring and quantitative and qualitative analysis of traffic;

- Mailchimp France: (15 rue Lamartine, 75009 Paris, France Telephone: +33 1 82 83 24 50) tool for sending newsletters

- Ingenico Ogone (Ingenico Group SA, 28/32 boulevard de Grenelle, 75015 Paris, France): bank payment management tool

- Paypal (PayPal (Europe) S.à rl et Cie, SCA (RCS Luxembourg B 118 349), L-2449 Luxembourg): Paypal payment management tool

You agree that these may be used and/or communicated according to the methods specified above.

If you contact us by telephone, conversations may be monitored and recorded for security and training purposes. These recordings are kept for a period of six months.

Targeted advertising, e-mails and SMS

With your consent when required, FCG may use the data you provide for commercial prospecting purposes (for example to send you our newsletters, send you invitations to our events or any other communication likely to interest you and display targeted advertising on social networks or third-party sites).

Regarding promotional or news emails: you can withdraw your consent at any time by clicking on the unsubscribe link provided in each of our mailings or by contacting us as described in article 4.3 below.

With regard to targeted advertising: on social networks (e.g. Facebook, LinkedIn): you can object to this processing at any time by configuring the settings relating to advertising in your account;

On third-party sites: you can refer to article 4.4 below to understand how to withdraw your consent.

4.1.4 Legal basis for processing

Pursuant to Article 6.1 of the General Data Protection Regulations and the T&Cs which he has accepted, the user is informed that the various processing of his data is necessary for the execution and fulfillment of contractual obligations arising from the services offered by the company.

4.1.5 Data retention period

Personal data is erased or archived after a period of five years after your last use of our portal or our services.

This data may also be kept for a period of 10 years thereafter in the archive database, with restricted access, in order to comply with the legal and regulatory obligations incumbent on FCG.

4.1.6 Data recipients

FCG may also share information about you, including personal data, with FCG's partner carriers within the framework provided for in this policy.

FCG only shares your data with the third parties mentioned in this article in the following cases:

- When we use a service provider as part of the performance of any contract concluded between you and us or in order to provide or improve our services;

- When FCG has a legal obligation to do so or if FCG believes in good faith that it is necessary to respond to any claim against it, to comply with any legal request, or in order to guarantee rights, property and safety of FCG, its members and more generally any third party.

In the event that FCG sells or acquires a business or assets, in which case it reserves the right to share your personal data with the potential seller or buyer of this business or these assets.

In accordance with the applicable legislation and with your consent when required, FCG may aggregate data which concerns you and which FCG receives, in particular all or part of your personal data and the information collected via cookies. This aggregated information will only be used for the purposes described above.

4.2 Data transfer

As a general rule, FCG stores personal data within the European Union.

However, to the extent that, for example, some of our service providers are located in countries outside the European Union (“Third Countries”), FCG transfers some of the personal data to Third Countries. This may in particular be the case towards Third Countries for which the European Commission has not taken a decision of “adequate protection”. In such a case, FCG ensures that this transfer is carried out in accordance with the applicable regulations and guarantees a sufficient level of protection for the privacy and fundamental rights of the persons concerned (in particular by the standard contractual clauses of the European Commission). .

4.3 User rights

You benefit :

- a right of access: right to receive a copy of your personal data in our possession;

- a right to erasure or right to be forgotten: right to erasure of your personal data in the possession of FCG, (except when the law requires it to keep this data or when FCG has a legitimate reason to do)

- a right to rectification: right to modify the personal data in the possession of FCG which concern you which are erroneous or obsolete

- a right of opposition: you can object at any time for reasons relating to your particular situation, to the processing of your personal data for direct marketing purposes, except for legitimate and compelling reasons for the processing which prevail over the interests and the rights and freedoms of the data subject, or for the recognition, exercise or defense of legal rights;

- a right to limitation: you have the right to limit the processing carried out on your personal data in the following cases:

if you exercise your right of rectification, the limitation of processing may be required for the duration allowing FCG to verify its accuracy;

if you exercise your right of opposition, during the period of verification as to whether the legitimate reasons pursued by FCG prevail over yours;

in the event of unlawful processing of your personal data, you can demand a restriction of their use rather than erasure;

for personal data for the purposes of the processing which must be erased, but which are still necessary for the establishment, exercise or defense of legal claims.

- a right to portability: you have the right to receive the personal data that you have provided to FCG or that have been generated by your activity or that have been observed. These must be communicated in a structured, commonly used and machine-readable format. This right also includes the right to transmit this data to another data controller.

Finally, you have the right to define directives relating to the fate of your personal data after your death.

The user can exercise these rights by contacting FCG either via our contact form on our site, or by email at: contact@oysterphotographer.com by attaching proof of identity and mentioning his first names, surname and email address.

In the event of a dispute between FCG and the User concerning the processing of data, the user may address his complaint to FCG.

If no satisfactory solution for the user is found by the company or if the dispute persists, the user will have the option of lodging a complaint with the Commission Nationale de l'Informatique et des Libertés or the authority of control of the Member State of the European Union in which the user usually resides.

Contact

For any question relating to this privacy policy or for any request relating to your personal data, you can contact us by sending us a letter to the following address: FCG, Data Protection Officer, 104 rue du Maréchal Joffre, 92700 Colombes – France.

4.4 Processing of technical data - Cookies

FCG also proceeds to the automatic recording of certain technical data.

During the consultation of the oysterphotographer.com Site, the technical data likely to be recorded, under the access or use of the Site are the Internet Protocol (IP) address of the user and the information relating to configuration (type of machine, browser, etc.) and navigation (date, time, pages viewed, occurrence of errors, etc.) of the user.

This latest information may be stored, through your browser software, in short text files (cookies), subject to your choices, in a dedicated space on the disk oysterphotographer.com and/or its partners process this technical data completely anonymously, not linking them to any information allowing the user to be identified and, do not transmit them to third parties.

Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is registered during the period of validity or registration of the cookie concerned.

Cookies, depending on their category, are used for the following purposes:

A first category of cookies are those that are strictly necessary for the use of the Site. They are essential for browsing the Site while taking advantage of all its features (support for the user's operating system, display, etc.). They make it possible to adapt certain functionalities and the presentation of the Site to your browser and your equipment. These are essentially technical cookies that do not identify you as an individual.

Another category of cookies are those that allow performance measurement . These cookies make it possible to establish statistics and volumes of visits and use of the various services of the Site. Their purpose is to enable oysterphotographer.com to improve user comfort. These cookies do not identify you as an individual.

These first two categories of cookies are only used for the purposes of establishing usage statistics, preventing errors, preventing damage and counterfeiting of the site or improving the conditions of access or use of the Site.

A third category of cookies relates to functionality . They will simplify your navigation. Indeed, they allow you to save some of your choices (language, user name, country, information relating to a form entered previously, etc.).

Some audience measurement cookies will allow FCG to measure visits to certain spaces dedicated to its partners and to analyze these visits, namely:

- Google Analytics: (Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) to analyze traffic and actions performed on the Site;

- Facebook: (Facebook Ireland Limited 4 Grand Canal Square, Grand Canal Harbor Dublin 2, Ireland) to analyze traffic and actions performed on the Site;

- Google Adwords (Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) to analyze traffic and actions performed on the Site;

- Shopify France 23-25 ​​Avenue Mac-Mahon 75017 Paris France

Telephone: +33 1 84 88 09 30 / Email: support@shopify.com

Website: https://www.shopify.fr/ : tool for monitoring and analyzing orders on the site

A final category of cookies comes from social networks: these cookies, from third parties, allow the user to share the content of the Site with other people. This is the case, for example, of the "Share" or "Like" application buttons, from social networks such as "Facebook, "Instagram", "LinkedIn").

We draw your attention to the identification provided by such a button. Indeed, the social network that provides this type of application buttons is likely to identify you thanks to this button, even if you did not click on it during your consultation of the Site. Indeed, some cookies allow the social network concerned to follow your navigation on the Site, as soon as your account with this social network is activated on your terminal during your navigation on the Site.

oysterphotographer.com has no control over the process used by social networks to collect information relating to your browsing on the Site.

We therefore advise you to disconnect from these social networks before browsing the Site or its Applications, if you do not want publications by social networks of your actions from these buttons, you must.

oysterphotographer.com also invites you to consult the personal data protection policies of these social networks. These must allow you to exercise certain confidentiality choices with these social networks, in particular by setting up your user accounts for each of these networks.

Finally, a last category of cookies concerns advertising. These are targeted advertising cookies.

These cookies make it possible to offer the user targeted advertising content with regard to his centers of interest. These cookies are placed by the partners of oysterphotographer.com.

FCG.com does not manage cookies from its partners and has no control over these cookies.

Please note : oysterphotographer.com may offer you advertisements on the Site or links to third-party sites that may collect your personal data when you click on the links concerned. These Conditions do not apply to the visit of third-party websites, oysterphotographer.com cannot be held responsible for their policy regarding personal data as well as their use.

Without prejudice to the foregoing, oysterphotographer.com and/or its partners may, however, be required to use this information in cooperation with the user's Internet service provider to identify the user for the purpose of carrying out all or part of these general conditions or additional contractual conditions or at the request of the competent administrative or judicial authorities.

How to exercise your rights?

We inform you that you can at any time configure your browser to modify your choices in terms of cookies. The configuration of the internet browser is an effective and free means of determining, upstream, the management of cookies.

So you can decide:

- to accept the recording of all the cookies integrated into the pages and contents that you consult. Note that on the one hand, these cookies will only be readable by their senders.

On the other hand, this process is not definitive, and it will always be possible for you, a posteriori, to delete these cookies;

- to refuse the registration of cookies on your terminal. In this case, your visit to the Site will no longer be counted in the traffic measurement tools, but you will no longer be able to benefit from the same browsing comfort, as certain features require the use of cookies. Consequently, oysterphotographer.com declines all responsibility for any inconvenience related to possible malfunctions of our services resulting from the impossibility of consulting the necessary cookies;

- to be asked by your browser to give your consent or refusal before installing a new cookie on your device.

The period of validity of consent to the deposit of cookies is 13 months. At the end of this period, the user's consent is collected again.

The settings for managing cookies depend on your browser ( http://www.youronlinechoices.com/fr/controler-ses-cookies/ and http://www.allaboutcookies.org/fr/ ).

As an indication, you oppose the registration of cookies by configuring your browser as follows:

For Internet Explorer:

Go to Tools > Internet Options.

Click on the privacy tab.

Click on the advanced button, check the box "Override automatic cookie management".

Find out more: http://windows.microsoft.com/fr-FR/windows7/Block-enable-or-allow-cookies

For Firefox:

At the top of the Firefox window, click the Firefox button (Tools menu in Windows XP), then select Options.

Select the Privacy panel.

Set Retention rules: to use custom settings for history.

Uncheck Accept cookies.

Find out more: http://support.mozilla.org/fr/kb/activate-desactivate-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies

For Chrome:

Click on the wrench icon located in the browser toolbar.

Select Settings.

Click Show advanced settings.

In the "Privacy" section, click the Content settings button.

In the "cookies" section, you can block cookies and data from third-party sites

Learn more: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Safari:

Go to Settings > Preferences

Click on the Privacy tab

In the "Block cookies" area, check the "always" box

Learn more: http://support.apple.com/kb/HT1677?viewlocale=fr_FR

For Opera:

Go to Settings > Preferences

Click on the advanced tab

In the "cookies" area, check the box "Never accept cookies"

Find out more: http://help.opera.com/Windows/10.20/fr/cookies.html

ARTICLE 5. LIABILITY AND GUARANTEES

The FCG company strives to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice.

This site may contain links to other sites. FCG cannot be held responsible for problems of access or content of these sites.

FCG shall not be liable for damages arising from the use or inability to use the Site.

FCG will in no way be liable for malfunctions attributable to software, whether or not these are incorporated into the Site or supplied with it.

FCG undertakes to respect all the legal warranties which you may rely on. In the event of defects in the goods, you benefit from the legal guarantees provided for by the legislation in force. As the works presented on our site comply with the requirements of French law, we cannot be held responsible for the violation of the legislation specific to the country of delivery of the work. Therefore, we invite you to read the law in force in the country of delivery.

You benefit from the warranties listed in this article 5 only insofar as the products have been purchased directly from the oysterphotographer.com Website.

You benefit from the following legal guarantees:

1. the legal guarantee of conformity (articles L. 217-4 and following of the Consumer Code),

If your products are non-compliant (for example if they do not correspond to the description given on the site or to your order), you have a period of two years from the delivery of the goods to contact our Customer Service via the contact form on our site or by e-mail to the following address: contact@oysterphotographer.com, or by post to the following address: FCG, 104, rue du Maréchal Joffre 92700 Colombes, and return the non-compliant products to us. We will then send you replacement products, when these are available. If we are unable to replace nonconforming products within thirty (30) days, you may:

- request a full refund for non-compliant products or

- keep the non-compliant products and ask us for a reduction of part of the price, which will be determined on a case-by-case basis.

You are exempted from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the goods.

This legal guarantee of conformity applies independently of any commercial guarantee that may be taken out.

2. the legal guarantee against hidden defects (articles 1641 and following of the Civil Code). If you manage to prove the hidden defect of a product, we are legally obliged to repair all the consequences of such a hidden defect (articles 1641 and following of the Civil Code). You can then choose between rescinding the sale or reducing the price (in accordance with article 1644 of the civil code).

ARTICLE 6. INTELLECTUAL PROPERTY

1) Rights to the work

The artist, Oyster photographer, for having taken the initiative of his creation, remains the owner of the copyright on his creation, within the meaning of French law. The rights of representation and reproduction of the works present on the site oysterphotographer.com belong to its author and to FCG. Their joint authorization is necessary for any exploitation of these rights. Your rights to the purchased work are therefore limited to a right of private use, excluding any right of representation and reproduction.

2) Intellectual property right

All the elements present on the site and the site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, brands, models, software... These elements belong to the company FCG or are used with the consent of their owners. As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without written authorization. of FCG, apart from the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an offense of infringement of copyright and/or designs and models and/or trademark, punishable by two years imprisonment and a fine of €152,449.02.

ARTICLE 7. APPLICABLE LAW

These conditions are governed by French law. They are available in the language in which the Site is consulted, see art. II. In the event that a dispute arises from this contractual relationship, the User and FCG undertake before any legal action to seek an amicable solution. In the event of a dispute, only the French courts will be competent.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FCG adheres to the Service of the e-commerce Mediator of the Fevad (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. . After prior written action by consumers vis-à-vis FCG, the Mediator's Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click http://www.mediateurfevad.fr/index.php/espace-consommateur.