Terms and Conditions

General Terms and Conditions of Sale

1 – Presentation of the Charles Hamonnais service

Charles Hamonnais offers you a service in artistic creation on demand. Charles Hamonnais makes available to internet users in France and abroad, on the Site, sales offers allowing a buyer (hereinafter the "Client" or the "User"), after registration, to order the production of works of art and photographic works (hereinafter the "Product(s)" or "Work(s)") offered at a non-negotiable price, displayed inclusive of all taxes (TTC), excluding delivery costs.

2 – The Products

The essential characteristics of the Works are presented on the Site in each of the work sheets.

The Customer is fully informed and accepts that the images, photos and colours of the Works offered for sale on the Site may not correspond to the actual colours of the Products due in particular to the Internet browser or the quality of the screen used by the Customer.

The artworks for sale on the Site are available only within the limits of the limited edition photographs (maximum 30 prints per photograph, regardless of size). If one or more ordered artworks are no longer available, the Customer will be notified by email as soon as possible. The Customer may then cancel the order for the artwork(s) in question and, if applicable, receive a refund of any sums already paid, credited to the bank account associated with the credit card used for payment, within thirty (30) calendar days.

3- Prices

The prices applicable to the Charles Hamonnais service are those displayed on the Charles Hamonnais website at the time of the order summary and included in the order confirmation sent to you by Charles Hamonnais.

No changes will apply to orders currently being processed.

The prices of the works are listed in euros and do not include VAT (as the purchase is made directly from the artist) excluding delivery costs.

Delivery costs are also listed in euros and include VAT at a rate of 20%.

The prices listed in the order summary and order confirmation are the final prices and charges, inclusive of all taxes. Prices and delivery charges are payable online at the time of ordering.

4 – Registration

Registration on the Site is free (excluding any connection costs, the price of which depends on your electronic communication operator).

Prior to placing any first order on the Site, the User must create a personal account.

The Site User certifies that they are of legal age and fully capable. Any use of the Site by a minor user is carried out under the sole responsibility of the holder(s) of parental authority over the minor user concerned.

The User must complete a personal information form in good faith. The User agrees to provide Charles Hamonnais with current, complete, and accurate information and to keep their contact details up to date. Any changes to contact details must therefore be reported to Charles Hamonnais, particularly in the event of a change of postal address or email address. Failure to do so will result in the User being held responsible for the consequences.

Charles Hamonnais reserves the right to refuse registration to any User with whom there is a dispute or who does not present the necessary guarantees of solvency.

The User must also choose an email address and password, which will be required each time they wish to access their account. The User's personal information is thus protected by a password so that only the User has access to it. Charles Hamonnais recommends that the User not disclose this information to anyone.

The User is solely responsible for maintaining the confidentiality of their password and will therefore bear sole responsibility for the consequences of any fraudulent use of their password.

In accordance with the law of 6 January 1978, the User has a right of access, modification, rectification and deletion of personal data concerning him which he may exercise in writing to Charles Hamonnais at the address indicated on the Site, and this without prejudice to the right he also has to object for just cause to the processing of his personal data.

5 – Site Accessibility

Charles Hamonnais makes every effort to make the Site available 24 hours a day, 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this article.

Access to the Site and its content is provided on an "as is" and "as available" basis.

Charles Hamonnais provides no express or implied guarantee regarding the intangibility of all or part of the Site and its permanent accessibility to the content.

Charles Hamonnais cannot guarantee that certain characteristics of the Products (in particular the colors) presented on the Site reproduce the Products exactly, as fidelity depends in part on the quality of color rendering of each User's computer equipment.

Charles Hamonnais undertakes to make his best efforts to ensure the operation of the Site and its access under the best possible conditions.

Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, including those relating to technical performance, response times for accessing, querying or transferring information, and the risks inherent in any connection and transmission over the Internet.

Consequently, Charles Hamonnais cannot be held liable for any damage that may be suffered by a User, including, but not limited to, the following cases:

  • loss of operations or information resulting from possible malfunctions, breakdowns, delays or interruptions in access to the Internet network;
  • of the transmission and/or reception of any data and/or information on the Internet;
  • the consequences of any virus, computer bug, anomaly, technical failure;
  • from the failure of any receiving equipment or communication lines;
  • of the loss of any email and, more generally, of the loss of any data;
  • of any damage caused to the computer, PDA or smartphone etc. of an internet user who connects to the Site;
  • of any technical, hardware and software failure of any kind, which has prevented or limited the possibility of using the Site or which has damaged the system of an internet user who connects to the Site;
  • of any obvious failure or error (including technical, hardware, software, price display, translation, etc.) of any kind that prevented or limited the ability to use the Site or misled a user connecting to the Site; and/or
  • indirect damages.

6 – Order

To order photo prints and printing services from Charles Hamonnais, you must first create your online account.

You must provide true, accurate, current and complete information about yourself as requested in the registration form, including your identity, the identity of the order recipient and delivery address, as well as the email address where an order confirmation can be sent.

Charles Hamonnais confirms acceptance of your order to the email address you provided.

Charles Hamonnais advises you to store or print a copy of the order until you receive confirmation of the order from Charles Hamonnais.

No order binds Charles Hamonnais until it has been confirmed by email.

The information you provide when placing your order is binding: in the event of an error in the recipient's contact details, Charles Hamonnais cannot be held responsible for any resulting inability to deliver the order. Specifically, you will be responsible for the costs of redelivery due to an incomplete or incorrect address, the recipient's absence, or the absence or incorrect identification of a mailbox.

Charles Hamonnais reserves the right to cancel your order if there is a dispute relating to payment for a previous order.

7 – Retention of Title

All Works sold on the Site remain the sole property of Charles Hamonnais or the gallery owners or artists who have deposited these Works to be sold on the Site until full payment of the sale price paid by the Client to Charles Hamonnais.

8 – Right of Withdrawal

8-1 Pursuant to Article L121-20 of the French Consumer Code, in accordance with applicable legal provisions, for purchases made from a professional seller established in the European Economic Area (member states of the European Union, as well as Iceland, Norway, and Liechtenstein), the Customer, if a resident of this area, has a period of seven clear days to exercise their right of withdrawal without having to provide any justification or pay any penalties. For services, this period begins on the day the order is confirmed by email.
When the seven-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

If the Client is not himself a national of this area, this right of withdrawal does not apply.

8-2 By way of derogation, Article L.121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, particularly for contracts:
– the provision of services whose performance has begun, with the consumer's agreement, before the end of the seven-day cooling-off period;
– the supply of goods made to the Customer’s specifications or clearly personalized or which, by their nature, cannot be returned.

By using the Charles Hamonnais service, you expressly agree that the service will begin before the expiry of the legal withdrawal period.

In any case, the photo printing service is carried out according to your specifications on various media and in various formats, resulting in the delivery of a clearly personalized product.

By placing your order, you acknowledge that you do not have a right of withdrawal.

9 – Disputes – Complaints

Charles Hamonnais is committed to providing quality service to his clients.

Each Client has the option to report any complaint concerning the ordered Works by sending an email to Charles Hamonnais at contact@charleshamonnais.com within twenty-one (21) calendar days from the receipt of any Work, according to the following criteria:

Product not received: The product has not been received by the customer;

Non-compliant product: the product received does not correspond to the product ordered;

Damaged product: The product received is damaged.

In the event of a dispute, Charles Hamonnais will handle it either himself or jointly with the carrier if the situation necessitates their intervention. Charles Hamonnais will then personally handle the resolution of the dispute with the Client. Disputes are settled directly between the Client and Charles Hamonnais, who must make every effort to resolve the dispute amicably.

If the Customer notices a defect, chip, crack, or any other damage to the Product, and if this defect, chip, crack, or damage did not occur after the order, the Customer has forty-eight (48) hours from the receipt of the package to make a claim by contacting Charles Hamonnais, by sending an email to Charles Hamonnais.

After review and acceptance by Charles Hamonnais of the Client's written claim, the Client has fourteen (14) calendar days to return the Artwork. Return shipping costs will be reimbursed by Charles Hamonnais to the Client, based on the standard Colissimo rate from La Poste or equivalent, upon presentation of proof of shipment.

Charles Hamonnais will reimburse the Customer within thirty (30) calendar days of receiving the Product(s). This reimbursement will be made by any means of payment, except cash.

Charles Hamonnais accepts no responsibility if the package is returned by the Customer without tracking. No refund will be issued if the Product is not returned to Charles Hamonnais in its entirety, in the condition sold, and in its original packaging.

No other refunds will be considered for the Client except in the aforementioned cases.

10 – Intellectual Property

10-1 Rights to the work

The artist, having initiated the creation of their work, retains copyright under French law. The rights of representation and reproduction of the works on this Site belong to their author. Their authorization is required for any use of these rights.

The Client's rights to the purchased work are therefore limited to a right of exclusively private use, excluding any right of representation and reproduction.

10-2 Intellectual Property Rights

All elements present on the Site and the Site itself are protected by copyright, trademark law, design rights, and/or other intellectual property rights. By elements, we mean, but are not limited to: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, designs, software, etc. These elements belong to Charles Hamonnais or are used with the permission of their owners.

As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or complete by any process and on any medium whatsoever (paper, digital…) is prohibited, without the prior and express written authorization of Charles Hamonnais, except for the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an infringement of copyright and/or designs and models and/or trademark.

11 – Deadlines

The variable production and delivery times for prints mentioned on the Site and/or in the order confirmation are indicative only.

In any event, Charles Hamonnais undertakes to produce and deliver the prints within a maximum period of 60 working days starting from the day after confirmation of the order by email.

Pursuant to Article L121-20-3 of the Consumer Code, the consumer may obtain, except in cases of force majeure, a refund of the sums paid for his order under the conditions of Articles L114-1 and L 121-20-1 of the same code.

12 – Charles Hamonnais Service Guarantee and Quality

The Charles Hamonnais service benefits from the legal guarantee provided for in Articles 1641 et seq. of the Civil Code.

Furthermore, Charles Hamonnais undertakes to provide you with a print in accordance with the rules of the art and according to the specifications of your order confirmed by email.

However, if upon delivery you believe that the print produced by Charles Hamonnais does not match the specifications you selected when confirming your order, you must submit a non-conformity claim. You may be asked to return the print.

After review by Charles Hamonnais, the print may, if necessary and according to your choice, be withdrawn and reshipped at the expense of Charles Hamonnais or refunded in the form of a credit note or by any other means of payment determined by Charles Hamonnais.

However, if Charles Hamonnais does not validate your claim, your initial order will be returned to you.

Return shipping costs will be your responsibility, but you may be able to obtain a refund from Charles Hamonnais if the return is due either to an error by Charles Hamonnais in processing the order or to the delivery of a defective product.

All complaints must be made electronically to contact@charleshamonnais.com or by registered mail with return receipt to Charles Hamonnais, 67 esplanade du belvédère 92130 Issy-les-Moulineaux, within 15 calendar days of delivery, specifying the order number and the reason for your dissatisfaction.

Any claim of non-conformity that is not made in accordance with the rules defined above and within the specified time limits will not be taken into account by Charles Hamonnais.

13 – Site and service availability

Your use of the website www.charleshamonnais.com and the Charles Hamonnais service is at your own risk.

The Charles Hamonnais service is accessible subject to availability. However, access to the Charles Hamonnais service may be modified, suspended, or interrupted due to maintenance, site or network interventions, or other events or disruptions beyond Charles Hamonnais' control.

Charles Hamonnais cannot be held liable to you or to any third party for any direct or indirect loss or damage arising from such events or from a case of force majeure, or from the actions of others, or resulting from the use of equipment not adapted to the characteristics of the Charles Hamonnais service.

14 – Right of access under the so-called Data Protection Act

In accordance with the French Data Protection Act of 6 January 1978 (Law No. 78-17), we inform you that you have the right to access, modify, and delete your personal data provided to Charles Hamonnais during your use of the service. Only Charles Hamonnais has access to this information. The database created from the Registration Data has been registered with the French Data Protection Authority (CNIL) under number 1544363.
Requests should be sent to contact@charleshamonnais.com or by post to the following address:
Charles Hamonnais Service: 67 Esplanade du Belvédère, 92130 Issy-les-Moulineaux, France

SIRET number: 83758840900016

15 – Applicable Law

These terms and conditions are governed by French law.


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