The general conditions of sale detailed below (hereafter designated “General Conditions”), govern the contractual relations between each user of the site fairphoto.com (hereafter designated the “User” or “You”) and the commercial brand Fair Photo belong to the company Fair Photo Pty Ltd, whose siege is located at 4/17-19 Bridge St, Sydney, NSW 2000, Australia and registered at the Australian Securities and Investments Commission under the number 618 390 346 (hereafter designated “Fair Photo”). These general conditions of sale are the only applicable and replace all other conditions, except preceding derogation, explicit and written. Fair Photo can punctually modify certain of the dispositions of its general conditions, also it is necessary that these be reread before each visit to the site fairphoto.com (hereafter designated “Site”). These modifications are opposable starting from the date of their instatement online (the date of their instatement online figuring at the end of the present conditions) and cannot be applied to contracts concluded anteriorly. Each purchase on the Site is governed by the general conditions applicable at the date of the order. In validating your command, you accept without reserve the General Conditions after having read them. In accessing the Site, you commit yourself to respect the present conditions. It is specified that the present conditions govern the sales of the photographs and frames of Fair Photo on the Site. These conditions are applied, at the exclusion of all other conditions, notably those in vigour for the sales in Fair Photo galleries (hereafter designated the ” Galleries “) or in the companies which distribute the photographs of Fair Photo.
Use of the website
To use the Site, You must be at least of the age of 18, be juridically capable of contracting and using the Site conforming with the present General Conditions. You guarantee the truth and exactitude of the information provided by Yourself, on this Site. Fair Photo reserves itself the right to annul or to refuse the order of a client with whom there would exist a litigation relative to the payment of an anterior order. The Site is available in the English language and will work towards making the Site accessible in more languages in the future. The language of the Site will be in function of the language of Your internet navigator. If the language of your internet navigator is not one of the yet to be determined languages, the language of the Site will default to English.
1 Essential characteristics of the products
The products sold on the Site are art photographs numbered and in limited edition when specifically mentioned and frames and Fair Photo gift certificates. The photographs are offered in one or several formats and mountings, according to the agreements made between the photographer or his or her representatives, Fair Photo and the local non governmental organisation as the beneficiary (hereafter designated the “ NGO “). The photographs are accompanied by a biography of the artist, a summary of the supporting project and its parent NGO and a certificate of authenticity in English. Only one gift certificate is accepted per order. The gift certificate cannot serve for different orders : it must be used only once. Any remaining balance cannot be recovered. The gift certificates are non exchangeable and non reimbursable. The prices are indicated excluding taxes and shipping fees. The currency in which the prices are indicated varies according to the country of consultation of the Site : Euros for the countries in the euro zone, USD for the USA, Australian Dollars for other countries. In the case of a delivery to a country other than the USA, you are the importer of the work or works concerned. For all the works expedited to destinations outside of the USA, the customs duties or other local taxes of importation or taxes of the State are susceptible to be demanded. These duties and sums do not result from the jurisdiction of Fair Photo. They will be at your charge and result in your entire responsibility as much in terms of declarations as in the payments to the authorities and the competent organisations of your country. We advise you to inform yourself about this according to your local authorities. Fair Photo reserves the right to modify its prices at all moments. The works will be billed on the basis of the price list in vigour at the moment of the registration of orders, under the reserve of availability. The works rest the property of Fair Photo until the complete payment of the indicated prices
2 To effect a pre-order
You should at the minimum pass through the following steps:
- Consultation of the information page presenting the photograph. On this screen You can choose the format for this photograph. You must click on « Pre-Order » in order to express your interest in this photograph. Once the photograph has become available for sale, You will be notified over email. Fair Photo remains the right to choose the time of release or may cancel the sale of this product at any time and without notice.
- Once products have become available for sale, you will be presented with the opportunity to confirm your pre-order via e-mail. New terms and conditions will apply that are available for review before your purchase.
In case that an article is no longer available, Fair Photo will offer you another article of an equivalent sum. In the case of the exercise of the right to return, and only in this case, the shipping fees of the return and of the new shipment will be assumed by Fair Photo. For any information or question, you can contact our customer service by email. We will be very happy to give all the information that you wish about our works and your order.
3 Force majeure
In application with the article 1148 of the Code Civil, Fair Photo will not be able to be responsible or considered as having committed misfeasance in the processing of your file, if any delay or inexecution result from a case of force majeure.
4 Protection of personal information
5 responsibilities and guarantees
The company Fair Photo makes great efforts to assure to the best of its abilities, the exactitude and the updating of the information diffused on this site, of which it reserves the right to correct, at any moment and without advanced notice, the content. At all times, the company Fair Photo can not guarantee the exactitude, the precision, and the exhaustively of the information put at disposition on this site. In consequence, the company Fair Photo declines all responsibility for all interruption of the site, all incidence of bugs, all inexactitude or omission concerning the information available on the site, all damages resulting from a fraudulent intrusion of a third party having brought about a modification of the information put at disposition on the site. This site can contain links to other sites. The company Fair Photo cannot be held responsible for the problems of access or for the contents of these sites. Fair Photo will not be responsible for damages resulting from the utilisation or of the impossibility of the utilisation of the Site. Fair Photo will not be in any case responsible for dysfunction imputable to software programs, which may or may not be incorporated into the Site or provided with it. Fair Photo commits itself to respect all the legal guarantees over which You could prevail. The works presented on our site being in conformity with the prescriptions of Australian law, we will not be held responsible for the violation of legislation proper to the country of delivery. In consequence, we invite You to consult the law in vigour in the country of delivery.
The company Fair Photo guarantees to transfer a significant proportion of the profit of a photograph print to its accompanied local project or NGO. The exact percentage is yet to be determined guaranteeing an amount that is viable for all parties. The amount will be send through bank or money transfer, in incremental fixed periods and never in cash. However, Fair Photo is not responsible nor liable for how the beneficiary NGO or project utilises these submitted funds. Fair Photo is working towards a total transparent reporting method so that the NGO or project is able to report back on their achievements on the Fair Photo website (fairphoto.com). Submitting report updates frequently will be strongly encouraged by the Fair Photo company, however the exact frequency cannot be guaranteed by Fair Photo.
6 Intellectual property
- Rights concerning the work
The artist remains the owner of the rights of his or her work, as defined by Australian law. The rights of representation and of reproduction of the works presented on the site fairphoto.com belong to their authors and to Fair Photo. Their conjoint authorisation is necessary for all exploitation of these rights. Your rights to the purchased work are therefore limited to a right to private use, excluding any right of representation and of reproduction.
- Intellectual property rights
All the elements present on the site and the site in itself are protected by the right of the author, right of trademarks, of designs, and models and/or all other intellectual property rights. By item, which we understand to be non-exhaustive: the photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs… These articles belong to the company Fair Photo or are utilised with the permission of their owners. Therefore, all reproduction, representation, utilisation, adaptation, modification, incorporation, translation, commercialisation, partial or integral by whatever procedure or on whatever medium that may be (paper, digital…) are forbidden, without the advanced written authorisation of Fair Photo, besides the exceptions endorsed in the article.
The present conditions are governed by Australian law. They are available in the language of the consultation of the Site, cf art. II. In the hypothesis that litigation would be born out of the present contractual relation, the User and Fair Photo commit before any judiciary action to search an amiable solution. In the case of litigation, only Australian tribunals will be competent.