terms of sale (cgv)

1. Purpose

These General Terms of Sale (the « GTS ») govern the sale of personalised photographic diptychs offered by Between Unknowns (the « Seller ») to customers (the « Customer »).

The Products are photographic creations made at the Customer's request, according to the choices, indications, preferences and specifications communicated by the Customer when ordering or during the exchanges preceding production.

These GTS apply to any order placed with the Seller, whether through the website, an order form, by email or by any other means expressly accepted by the Seller.

2. Personalised nature of the Products

The diptychs offered by Between Unknowns are made specifically for each Customer.

Depending on the formula chosen, personalisation may concern: the choice of the photographs forming the diptych; the pairing of two photographs; their order and composition; the format; the dimensions; the support or paper; any finishes; the presentation; the framing or arrangement; and any other characteristic agreed individually with the Customer.

The resulting Product is therefore not a standard item that could be offered again to another Customer on the same terms.

Where the order is based on the Customer's individual specifications or choices, the Customer acknowledges that the Product is made specifically for them.

3. Order validation

An order is only definitively accepted by the Seller once the essential characteristics of the project have been validated and, where applicable, once the agreed payment or deposit has been received.

Where personalisation requires a prior exchange, the Seller may send the Customer a summary of the project including the selected photographs, the format, the dimensions, the finishes and the price.

The Customer is responsible for checking the information provided and for the final validation of the project.

Any error resulting from information provided or validated by the Customer may lead to the Product being made in accordance with that validated information.

4. Changes to the project before production

Before production begins, the Customer may request changes to the project.

The Seller reserves the right to accept or refuse any change requested after validation of the project, in particular where the purchase of materials, printing or production has already started.

Any change involving an additional cost may be invoiced separately, subject to the Customer's prior agreement.

Where the Customer requests a substantial change after validation and that change affects work already carried out, materials already used or requires new production, the Seller may request payment of the costs actually incurred as well as the additional cost of production.

5. No right of withdrawal for personalised Products

Where the Product is made to the Customer's specifications or is clearly personalised at their request, the statutory right of withdrawal provided for distance contracts does not apply, in accordance with article L.221-28, 3° of the French Consumer Code.

Consequently, for such personalised orders, the Customer has no right of withdrawal allowing them to cancel the order after validation and obtain a refund simply because they changed their mind.

This exclusion applies only to Products that genuinely meet the statutory conditions of personalisation set out in the Consumer Code.

The personalised nature of the Product is assessed in the light of the specifications actually requested or validated by the Customer, and not merely on the basis that the Product is made after the order.

6. Cancelling a personalised order

Given the personalised nature of the Products, any cancellation request made after validation of the project is subject to the Seller's acceptance.

Where production has not started and the Seller exceptionally accepts the cancellation, refund terms are determined case by case, subject to any applicable mandatory rights.

Where production has started, or where materials, prints, services or supplies have been specifically committed to the order, the Seller may refuse the cancellation.

This provision does not affect any rights the Customer may have in the event of a lack of conformity, a hidden defect, or in any other case provided for by mandatory law.

7. Changes requested after validation

Any change requested after final validation of the project may require new production.

In that case, the Seller reserves the right to invoice the Customer for the additional costs resulting from the change, in particular printing, materials, production, shipping or any service already committed.

No change is deemed agreed until it has been expressly accepted by the Seller.

8. Production times

The times communicated to the Customer are indicative where the Product requires specific production or personalisation.

Production time may vary depending on the complexity of the project, the validations required, the availability of materials, printing times, the lead times of the providers involved in production, and any change requests from the Customer.

Where the Customer is late in providing the necessary information or validations, the production time is automatically extended by a period corresponding to that delay.

9. Validation and proof approval

Where the creative process provides for prior validation by the Customer, the Customer is invited to check carefully the elements submitted for validation.

The validation given by the Customer constitutes their agreement on the elements concerned.

After validation, any error arising from information provided or validated by the Customer cannot be attributed to the Seller.

The Seller nevertheless remains responsible for production or execution errors directly attributable to it.

10. Delivery

The Product is shipped to the address indicated by the Customer when ordering.

The Customer is responsible for the accuracy and completeness of the delivery information provided.

In the event of an incorrect, incomplete or insufficient address resulting in a new shipment, additional delivery costs may be invoiced to the Customer.

The Seller cannot be held liable for any delay or impossibility of delivery resulting from incorrect information provided by the Customer.

11. Receipt and transport damage

The Customer is invited to check the apparent condition of the parcel on receipt.

In the event of visible damage, the Customer is invited to make any useful reservation or step with the carrier and to keep the elements documenting the damage.

If the Product is damaged during transport, the Customer must contact the Seller as soon as possible and, where possible, send photographs of the outer parcel, the inner packaging and the Product.

This request is intended to allow the Seller to handle the claim efficiently and does not limit the Customer's statutory rights.

12. Damaged or non conforming Product

If the Product received shows a manufacturing defect, an execution error or a lack of conformity with the validated project attributable to the Seller, the Customer must contact the Seller so that an appropriate solution can be implemented.

Depending on the situation, the Seller may propose a correction, new production, a replacement or any other solution provided for by the applicable regulations.

The applicable statutory warranties remain fully applicable to the Products.

13. Differences inherent to photography and handmade production

Photographs, screens and printing processes may cause slight differences between the rendering displayed on a screen and the physical Product, in particular in colour, brightness, contrast or perception of detail.

Slight variations linked to the support, the printing process or the materials used do not constitute a lack of conformity when they remain within the normal tolerances of the process used.

Where precise characteristics have been agreed with the Customer, the Product is made in accordance with the validated project, subject to the technical characteristics inherent to printing and production processes.

14. Customer's responsibility for supplied content

Where the Customer provides photographs, texts, images, references or other elements as part of the personalisation of the Product, the Customer warrants that they hold the rights and authorisations necessary for their use in connection with the order.

The Customer indemnifies the Seller against any claim, action or recourse by a third party resulting from the use of content provided by the Customer for which the Customer does not hold the necessary rights or authorisations.

The Seller reserves the right to refuse any content whose use would be manifestly unlawful or likely to infringe the rights of a third party.

15. Intellectual property

The photographs, creations, compositions, graphic elements and other content created or provided by Between Unknowns remain protected by the applicable intellectual property provisions.

The purchase of a diptych does not transfer to the Customer any exploitation rights over the photographs or creations used.

Unless otherwise agreed in writing, the Customer acquires only material ownership of the Product delivered.

Any reproduction, digitisation, commercialisation, distribution or exploitation of the photographic content remains subject to the applicable rights.

16. Use of personalised photographs

Unless otherwise agreed, the personalisation of a Product does not grant any exclusive right over the photographs used.

The Seller remains free to use its own photographs and creations in the course of its artistic and commercial activities, subject to any rights held by third parties.

However, where a Customer provides photographs or content belonging to them, the Seller will not use them for communication or promotional purposes without separate authorisation when such use is not necessary to fulfil the order.

17. Retention of project records

The Seller may retain the elements necessary to process and evidence the order, in particular exchanges with the Customer, validations, project references, technical characteristics and the elements needed to handle any claim.

These elements may be used to establish the characteristics of the Product ordered and the validations given by the Customer.

18. Claims

Any claim must be sent to the Seller with a sufficiently precise description of the problem encountered.

The Seller may ask the Customer for any element reasonably necessary to examine the claim, in particular photographs of the Product, its packaging or the elements concerned.

Requesting these elements cannot have the effect of depriving the Customer of their statutory rights.

19. Statutory warranties

The personalised nature of the Product does not prevent the application of the statutory warranties from which the Customer benefits where these are applicable.

No provision of these GTS may have the object or effect of excluding or limiting the Customer's mandatory rights under the law.

20. Force majeure

The Seller cannot be held liable for any delay or failure to perform resulting from an event reasonably beyond its control and having the characteristics of force majeure under the applicable law.

Where possible, the Seller will inform the Customer of the situation and of its foreseeable consequences on the performance of the order.

21. Final provisions

If any provision of these GTS were declared void, inapplicable or deemed unwritten, the remaining provisions would retain full effect to the extent permitted by the applicable regulations.

These GTS are governed by French law.

For consumer Customers, the mandatory protective provisions of the applicable regulations remain fully applicable.