top of page
Terms and conditions
In addition to this, you will need to know more about it.

1. Scope

  • The conditions of sale below are an integral part of any contract concluded between PortraitAndMe and the client (hereinafter “client”) and his successors.

  • PortraitAndMe provides its services, services and deliveries solely on the basis of these general conditions of sale.

2. Contract / contractual services

  • In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after viewing the details of it and in particular its total price and having had the possibility to correct any errors.

  • Customer requests may be rejected, in particular when the order does not meet PortraitAndMe's requirements or when the customer is recognized as a bad payer with a banking institution.

  • PortraitAndMe reserves the right to refuse customer requests on a case-by-case basis. Customer requests may be rejected, in particular when the order does not meet PortraitAndMe's requirements or when the customer is recognized as a bad payer with a banking institution.

  • Contracts and delivery addresses outside of France, Belgium and Luxembourg are not taken into account. Where applicable, payments already made are reverted / credited to the account to which the credit card belongs.

  • The language offered for the conclusion of the contract is French.

  • We keep the text of the contract and send you the order data and our terms of use by e-mail.

3. Copyright

  • PortraitAndMe is the author of the images offered on its website.

  • PortraitAndMe holds an unrestricted right of enjoyment of the images and is authorized to use and sell them as products to its client who then benefits from a right of enjoyment such that the delivered products are free from third party rights.

  • The products sold can be used for an unlimited period and worldwide by the customer for exclusively private use. Any reproduction, both industrial and simple for sale, distribution, public disclosure as well as any modification and edition of the products are prohibited.

4. Obligations of the client

  • The processing of data and images provided by the customer is carried out as part of an automated technical process without manual verification or correction by PortraitAndMe. By uploading the files, the customer affirms that they are in possession of the necessary rights to disclose and reproduce the contents and materials of these files.

  • The customer guarantees that the contents and materials of the transferred files do not conflict with the law in force.

a) The client guarantees in particular that he will not transfer to PortraitAndMe any content that contravenes the laws in force. This applies in particular to offensive content, promoting violence, discriminatory or pornographic as well as to criminal actions under the Criminal Code and other regulations in the field of German law (dissemination of propaganda material and badges unconstitutional organizations, content aimed at the sexual abuse of minors or sexual acts with animals or containing discriminatory statements as to race, sex, religion, nationality, disability, sexual orientation or age);
b) Do not violate any law relating to the protection of young people or the penal code.; c) That the materials (in particular image and text files) and content transferred to PortraitAndMe do not infringe the copyrights, rights of trademarks or other proprietary rights of third parties, that they do not violate the legislation on the protection of human personality or other rights of third parties.

5. Delivery, delivery times

  • Delivery is made from PortraitAndMe's stock, unless otherwise confirmed in writing.

  • Partial deliveries are permitted and are considered as individual deliveries, unless partial delivery is exceptionally unacceptable to the customer. The additional costs generated by the splitting of a delivery are not invoiced to the customer.

  • PortraitAndMe always strives to meet the deadlines indicated. In the event of delay on the part of Atimal, the buyer may terminate the contract in accordance with the following provisions.

  • The notice period which must be granted to PortraitAndMe is set at two weeks. This period begins as soon as the customer sends the formal notice to PortraitAndMe. This remark does not apply if the formal notice is not reasonable for the customer. This applies in particular in the event of a fixed-term transaction or when the customer has no interest in issuing a formal notice for imperative legal reasons.

  • In the event of delivery problems which do not fall within PortraitAndMe's area of ​​responsibility (in particular in the event of force majeure) and which have not been caused by its behavior, PortraitAndMe is authorized to terminate the contract if the obstacle to the performance of the service is not of a temporary nature, without it being obliged to provide compensation. During the obstacle, PortraitAndMe cannot be put in default. The purchase price already paid is refunded in the event of termination of the contract.

  • Orders and all services are only executed by PortraitAndMe in the absence of arrears from other contracts. The payments are first of all deducted from the receivables, interest and costs still due, and this, in the order of their due date.

6. Payment terms

  • The purchase price is due immediately upon conclusion of the contract and is debited in advance.

  • All prices are final consumer prices, including VAT.

  • The customer is authorized to pay by credit card.

  • In the event of non-payment on the part of the client, in particular if the latter recovers payments already made or interrupts his payments or if PortraitAndMe becomes aware of facts calling into question his solvency, PortraitAndMe is entitled to demand the full amount. remaining to be paid.

  • In the event of non-debit entry of a direct debit or cancellation of credit card debits, PortraitAndMe reserves the right to charge processing fees, the amount of which will be defined on a case-by-case basis, unless the customer is not responsible for non-debit entry or cancellation of credit card debits.

  • All shipping costs, in particular packaging, transport, transport insurance and delivery are the responsibility of the customer. All prices and additional costs are calculated on the basis of the price lists in effect at PortraitAndMe at the time of preparation and dispatch of the goods.

  • Any additional shipping costs due to an incorrect delivery address or recipient are the responsibility of the customer, unless he is not responsible for the incorrect information.

7. Retention of title clause

  • PortraitAndMe remains the owner of the goods delivered until payment of all debts already due or due to PortraitAndMe.

  • If the customer is late in paying the purchase price, PortraitAndMe is entitled to take back the objects subject to the retention of title clause after summons and expiration of an appropriate notice period resulting therefrom. By asserting its right of retention of title and by removing or seizing the goods, PortraitAndMe does not terminate the contract if the latter is subject to a non-binding law in force, in particular if it is subject to the provisions regulating the credit to the consumption.

  • PortraitAndMe reserves the right to use the canvases for internal and external communication (Advertisements, social networks, website, etc.).

8. Guarantee / Transfer of risk

  • The data, diagrams, illustrations, technical characteristics, descriptions of weights, dimensions and power indicated in the prospectuses, catalogs, mailings, advertisements or price lists are given for information purposes only. PortraitAndMe declines all responsibility for the accuracy of these indications. Regarding the type and volume of delivery, only the information given in the order and in the order confirmation are decisive.

  • No warranty is given as to color degradation or water resistance of prints, unless an express warranty is given in writing (e.g. in the case of the UV printing process on media covered or laminated). PortraitAndMe expressly points out that prints are intended exclusively for indoor use, in closed premises.

  • The designations and specifications defined at the conclusion of the contract correspond to the level of current technical knowledge at that time. Technical differences (in particular in the cutout of the image and the colors of the print) between the delivered goods and the tender documents are allowed and do not constitute errors, as long as they are found in a measure reasonable and that the objective of the contract is not significantly limited. The images which have to be cut out may, as is the case with a frame customary in the trade, differ slightly but not considerably from the prescribed dimensions. Slight color differences customary in the trade on the print may occur when the customer's monitor is set up differently and not set to actual color. Black and white prints may show a slight color cast, customary in the trade. Complaints, vouchers or replacement impressions are excluded in this case, unless the difference exceeds the usual scope in the trade.

  • The limitation period for asserting rights arising from the warranty against material defects is 24 months and runs from the delivery of the purchased item. If the customer is an entrepreneur (§ 14 BGB), the period is 12 months from the delivery of the item. For second-hand goods, the limitation period is also 12 months from delivery of the goods.

  • Traders are subject to laws, investigation and reprimand duties according to the German Commercial Code (HGB).

9. Limitation of liability

  • PortraitAndMe can only be held liable for damage caused by premeditation or gross negligence on its part, with the exception of injuries (life, body and health) and the violation of essential contractual obligations (essential rights of the co-contracting party). . This also applies to direct and indirect damage as well as to loss of earnings.

  • Liability to consumers, with the exception of damage caused by premeditation or gross negligence and injuries (life, body and health) and breach of essential contractual obligations (essential rights of the co-contractor), is limited. damage normally foreseeable at the time of conclusion of the contract and, in terms of amount, the average value of damage typical for this type of contract. This also applies to direct and indirect damage as well as to loss of earnings.

  • Liability vis-à-vis the contractors, with the exception of injuries (life, body and health) and damage caused by premeditation or gross negligence on the part of PortraitAndMe, is limited to the damage normally foreseeable at the conclusion of the contract. contract and, in terms of amount, the average value of typical damages for such contracts. This also applies to direct damage as well as loss of profit.

  • The limitation of the liability defined in articles 1 to 3 also applies to the employees and agents of PortraitAndMe.

  • Liability claims incurred in the name of product liability law remain unaffected.

10. Data protection

Data protection is subject to the information provided by PortraitAndMe on this subject.

11. Destruction of the material sent

  • All materials and documents, in particular digital data carriers, sent by the client to PortraitAndMe for the execution of the contract are not returned by PortraitAndMe but destroyed at the end of the execution of the contract. At the client's express request, PortraitAndMe naturally returns the documents provided. The costs incurred by sending the documents are then the responsibility of the customer.

  • PortraitAndMe reserves the right to make a backup copy, in particular of models, materials and content transmitted digitally, to guarantee immediate correction in the event that the client issues a request for retouching. The data saved on the backup copies is used by PortraitAndMe only for correction purposes. PortraitAndMe destroys the backup copy at the end of the warranty period.

12. Final provisions

  • These general conditions of sale are subject to German law to the exclusion of United Nations purchasing law. The mandatory provisions of the state in which the customer has his usual place of residence remain unchanged.

  • If the client is a trader, a legal person under public law or own property under public law, that he has no general legal place in his country or if he has moved abroad after the conclusion of the contract or if his domicile is unknown at the time of filing the complaint, the place of performance and jurisdiction is that of PortraitAndMe's registered office.

  • In the event of invalidity of certain provisions of this contract or in the event of a contradiction between certain provisions of this contract and the legal provisions, the validity of the other provisions of the contract is not affected.

bottom of page