Terms and Conditions for Free Royalty Images (CGV)
English Version
LICENSES FOR DOWNLOADABLE PHOTOS
When you order a image in digital format, you will receive the download link immediately upon completing your purchase.
Hereby, Jacques Julien Photo (SIRET: 851329813 00014) grants you a non-exclusive and non-transferable right allowing you to use, modify (except for what is expressly prohibited herein) and reproduce Visual Content on an international scale, in perpetuity, to the fullest extent permitted by the applicable license and subject to the restrictions defined here :
LICENSES FOR IMAGES
1. A STANDARD LICENSE FOR IMAGES grants you the right to use the Images:
a- As digital reproduction, including on websites, in online advertisements, on social networks, in advertisements on mobile devices, mobile applications, software, electronic cards, electronic publications (eBooks, webzines, blogs, etc.), email marketing and online media (including video sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set out in the subsection Iai4 below).
b- Printed physical version for product packaging and labeling, letterheads and business cards, point-of-sale advertisements, CD and DVD covers, or in advertising and copying of physical media, including magazines, newspapers and books, provided that no image is reproduced more than 200,000 times in total.
c- As part of an outdoor advertising campaign, in particular on billboards, street furniture, etc., provided that the target audience for such a campaign is less than 200,000 gross impressions.
d- Integrated into films, videos, television series, advertisements or other audiovisual productions intended to be distributed via any medium currently known or to come, whatever the audience scale, provided that the budget for such production does not exceed 20,000 euros.
For your personal and non-commercial use (not for resale, download, distribution, or any other commercial use).
EDITORIAL LICENSE
a- AN EDITORIAL LICENSE authorizes a unique and editorial use of an element of the Editorial Content, for distribution on an international scale without time limits.
b-A “Single Use” under this license allows you to use Editorial Content in a single context (for example a report, a message on a blog, a publication page), only once, from the moment you have the right of distribution in this context of use on an unlimited number of media and distribution channels. For example, editorial content used to illustrate a printed article can be reused in a blog, on social networks, etc. provided that the context is identical to that of the article originally printed. An additional license is required for any use in a context other than that of the original printed article.
c- “Editorial use” under this license corresponds to use for descriptive purposes in a context having a media or human interest and expressly excludes commercial uses such as advertising or merchandising.
d- Any use of the Editorial Content associated with a license hereunder is subject to the express restrictions stipulated in Section I.4 (prohibiting any use broadcast by OTT television / cable / video service, on publication covers as well as print runs 200,000 copies), as well as any “specific restrictions” (eg geographic or use restrictions for specific sectors) indicated on the image detail page and / or included in the metadata associated with an element Editorial content.
e- All Editorial Content is considered “Editorial Use Only”.
RESTRICTIONS ON THE USE OF VISUAL CONTENT YOU MAY NOT:
a- Use the Visual Content in any way other than that expressly defined by the license you purchased for such Visual Content.
b- Represent a person in Visual Content (a “Model”) in a way that a sensible person would find offensive, including, but not limited to, the representation of a Model: a) in a context related to pornography, “adult videos”, adult entertainment venues, escort services, dating services, or otherwise; b) in a context related to the advertising or promotion of tobacco products; c) in a political context, such as promoting, advertising or supporting a political party, a candidate, an elected representative or in connection with a political strategy or opinion; d) as suffering from, or under treatment for, a mental or physical condition; or e) engaging in criminal or immoral activities.
c- Use visual content in a pornographic, defamatory or misleading context, or in a way that could be considered defamatory, obscene or illegal.
d- Modify Visual Content marked “Editorial use only” in a way that changes the context of what is shown.
e- Use Visual Content marked “Editorial Use Only” (including, but not limited to, Editorial Content) for commercial purposes, including for reference, in advertisements, products for commercial use, or other contexts that are not editorial.
f- Resell, redistribute, give access to, share or transfer Visual Content, except in the cases specifically provided herein. For example and without any limitation, the above prohibits the display of Content as, or as part of, a “gallery” of content through which third parties can search and select such content.
g- Use any Visual Content in a manner that infringes the trademark or any intellectual property of a third party, or that could give rise to a claim for misleading advertising or unfair competition.
h- Use Visual Content (in whole or in part) as a trademark, service mark, logo or any other indication of origin, or as part of it.
i- Falsely, explicitly or deceptively claiming that Visual Content was created by you or someone other than the copyright holder of such Visual Content.
SOURCES AND COPYRIGHT NOTICE
a- The use of Images and Videos in connection with current affairs reports, comments, editing or any other “editorial” context must be accompanied by an adjacent mention for the contributor Jacques Julien, in substance in the form following: “Jacques Julien” or “jacquesjulien.com”
b- Editorial sources should be named “Jacques Julien” or “jacquesjulien.com”
c- In commercially reasonable situations, the use of images or videos in Products for commercial use or an audiovisual production must be accompanied by a statement for Jacques Julien essentially in the following form: “Image (s) used (s) under license from jacquesjulien.com »
d- Sources are not required for any other use of the Images, unless other content provided is endorsed in the context of the same use. In other words, attribution is mandatory for Editorial Content.
e- In all cases, the author and source references must be of a size, color and size allowing them to be read clearly and easily with the naked eye.
updated : December 3, 2023
Email me at: contact@jacquesjulien.com
GENERAL TERMS AND CONDITIONS OF SALE FOR ORIGINAL PHOTOGRAPHIC ART PRINTS
PREAMBLE / PRESENTATION OF GENERAL TERMS AND CONDITIONS OF SALE: These General Terms and Conditions of Sale (GTC) define the contractual relationship between, on the one hand, any customer of the website jacquesjulien.com, whether an individual or a professional, hereinafter referred to as “the customer” or “the buyer,” and, on the other hand, Jacques Julien, who publishes the website jacquesjulien.com, also referred to as “the author” or “jacquesjulien.com.” These GTC apply to the sale of original photographic art prints.
Jacques Julien operates as an Author-Photographer (NAF code: 90.03B) and is not subject to any specific professional regulations. These GTC are presented in the French language and are intended for a consumer with full legal capacity.
GTC AND BUYER’S CONDITIONS: These GTC are the only ones applicable. They prevail over any other general and specific conditions not expressly agreed upon by Jacques Julien, and in particular, they replace those of the buyer.
MODIFICATION OF GTC: Jacques Julien reserves the right to modify these GTC at any time without notice. The applicable GTC are those in force at the date of the order by the buyer.
ACCEPTANCE OF GTC: Placing an order implies the customer’s automatic acceptance of these GTC and the waiver of their own contractual general and specific conditions. The customer declares adherence to these GTC, having read them, without restrictions or reservations, from the time of placing the order.
GTC AND UNAUTHORIZED USE: These GTC also apply to unauthorized uses of photos or texts on the jacquesjulien.com site, regardless of how the user obtained the photo or text.
PRICES OF ARTWORKS AND VAT: Jacques Julien, a photographer-author, has chosen the tax option of VAT exemption. The prices indicated on jacquesjulien.com are therefore net (VAT not applicable, Article 293B of the CGI), in Euros, and include packaging fees.
PRICE UPDATES: Jacques Julien reserves the right to modify prices at any time. Prints are invoiced based on the rates in effect at the time of order registration, subject to availability.
ORDER: After reviewing the rates and familiarizing themselves with the General Terms and Conditions (GTC) on the jacquesjulien.com website, the customer can place an order in the site’s store section. On the payment page, the customer will provide:
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Precise contact details: Name, address, postal code, city, email, and phone number. (If the customer is acting on behalf of a company, they also provide the SIRET and VAT numbers.)
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The references of the photographs and their desired sizes are specified on the order confirmation page.
Within 3 to 5 business days, the jacquesjulien.com team processes the order. The customer is notified via email of the progress of their order.
ENGAGEMENT AFTER ORDER: Orders placed commit the buyer irrevocably and are confirmed to them as soon as possible by email. This confirmation includes references and prices as well as any useful information regarding the order. It is advisable to store or print a copy of this email until the order is received. The information provided by the buyer when placing the order binds the buyer.
ARCHIVING – EVIDENCE: The data recorded by jacquesjulien.com constitute evidence of all transactions between jacquesjulien.com and the customer. Jacques JULIEN archives order forms and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. Jacques JULIEN’s computerized records will be considered by the parties as evidence of communications, orders, payments, and transactions between the parties. The customer has the right to access these documents for orders amounting to €120 or more.
AVAILABILITY: No art prints are available in stock; all orders are subject to on-demand printing.
PRODUCTION TIME: In general, the production of art prints begins within 3 to 5 days following the confirmation email of the order.
DELIVERY POLICY
For print orders, our team will process your order within 3 to 5 business days from the date of receiving the payment requested during the order. Orders received after 5 pm will be processed on the next business day. We ship small (10x15cm) and medium (30×20) prints by La Poste, protected in crystal paper and inserted into a cardboard envelope for protection. You will receive an email confirmation of the shipment along with the tracking number.
Large PVC photo canvases (60x40cm) require a longer processing time (10 business days) and are shipped by Colissimo with a tracking number. They are protected by polystyrene.
We do not guarantee any delivery during public holidays.
Delivery Time:
- For France: 1 to 3 days
- For Europe: 2 to 5 days
- For Overseas Departments and Territories (DOM TOM): 4 to 7 days
- For the rest of the world: 7 to 10 days
For the purchase of a large format print outside the European Union, you may incur customs fees upon receipt.
The actual delivery time depends on the carrier. Therefore, Jacques JULIEN cannot be held responsible for any failure to meet this deadline and, as such, cannot entertain any requests for compensation of any nature resulting from a delivery delay due to a carrier’s failure.
SHIPMENT: Deliveries are made to the address indicated by the buyer during the order. The buyer is informed of the tracking number of the order by email. The risks are the responsibility of the buyer from the moment the products leave the premises of Jacques Julien.
CUSTOMS AND NON-EU TAXES: In the case of orders to countries other than metropolitan France and European Union, the customer is the importer of the concerned artworks. For all artworks and prints shipped outside the European Union and overseas departments and territories (DOM-TOM), customs duties or other local taxes or import duties or state taxes may be payable. These duties and amounts are not the responsibility of jacquesjulien.com. They are the customer’s responsibility and fall under their full responsibility in terms of declarations and payments to the competent authorities and organizations in the importing country. The customer must inquire about these aspects with local authorities before placing any order.
DELIVERY COSTS: For Metropolitan France, DOM TOM, Europe, and worldwide, shipping and delivery costs are included in the prices listed on the jacquesjulien.com website. For the purchase of a PVC canvas in a large format (60x40cm) outside the European Union, you may incur customs fees upon receipt of your package.Any return of the order due to incorrect address information provided by the client during the order is the responsibility of the client.
DELIVERY OF ENVELOPES AND PACKAGES: Delivery is made during business hours to the delivery address indicated by the client on the order form. A tracking number will be provided upon shipment for precise delivery date information.
RECEIPT OF THE ORDER: Upon receipt of the order, any package must be opened in the presence of the delivery person to check the condition of the items and avoid any future dispute. The client must ensure the absence of anomalies (damaged package, broken or damaged item, product missing from the delivery note, etc.). If the delivery person refuses to stay for the opening of the package, the package must be refused. If only the package has been damaged, and if the client decides to accept the item, deemed in good condition, they must indicate the observed anomalies, at the time of delivery, in the form of detailed and explicit “handwritten reservations,” dated and accompanied by their signature, on the carrier’s delivery slip. No subsequent claim will be admissible if the delivery slip is signed without reservations.
In case of damage to the artwork, please refuse the goods upon delivery. In addition to the “handwritten reservations,” request the carrier to return the package to the sender, accompanied by a “spoliation report” (report 170), and keep a copy of this form. Please also inform me of these facts (mentioning the order and delivery note references and sending any copy of documents that may be useful) within three business days, by registered letter.
The receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three days, excluding public holidays, following the day of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest (Article L 133.3 of the Commercial Code).
CONSEQUENCES OF NON-COMPLIANCE WITH RECEIPT PROCEDURES: If the receipt procedures are not followed, the client cannot benefit from any refund or resend.
PAYMENT METHOD: Payment is made only in euros, by Paypal or credit card directly on the website, by check, or by bank transfer. Any bank charges, transfers, or other fees are the responsibility of the client.
PAYMENT: Balance payment upon receipt of the invoice or at the latest 30 days from its date. No discount is granted for cash payment. The works remain the property of Jacques JULIEN until the full payment of the indicated price.
LATE PAYMENT, INTEREST, AND COMPENSATION: Any late payment gives rise to the payment of interest at the minimum rate provided for by Article L441-6 of the Commercial Code (legal interest in force multiplied by three), due automatically and without reminder, calculated on amounts excluding taxes, and increased, according to the decree no. 2012-1115 of 2/10/2012, by a flat-rate indemnity of €40 for recovery costs. Any late payment may lead to the cancellation of the sale.
RIGHT OF WITHDRAWAL: In accordance with Article L121-20 of the Consumer Code, the client has a right of withdrawal within a period of seven working days from the receipt of the order, to return the product to the seller for exchange or refund, without having to justify reasons or pay penalties. This right for the client is exercised, excluding orders specially made for him (Article L121-20-2 of the Consumer Code), i.e., in general, all art prints; however, depending on the case, an arrangement may be sought. Except for return costs, which in this case remain the responsibility of the client, Jacques JULIEN will refund all sums paid, no later than 30 days following the withdrawal.
LEGAL WARRANTY: The client of the jacquesjulien.com website benefits from the legal warranty as provided for in Articles L 211-1 to L 211-14 of the Consumer Code. In the event that the items received are damaged or do not comply with the order (error in format, support, etc.), the client has a right of return within a period of seven working days, from the receipt of the order. In this case, the damaged or non-compliant item is exchanged, and the return and new shipment costs are borne by jacquesjulien.com; however, Jacques JULIEN has the right to refund the client and not to provide new orders if there are suspicions that the delivery conditions do not provide sufficient guarantees. Damages caused by normal wear and tear, negligence, or non-compliance with the important recommendations mentioned in these GTC are not covered by the legal warranty.
RETURN CONDITIONS: Items returned without their original packaging or incomplete are not accepted. In addition to their original packaging, returned items must be placed inside a new package offering good protection guarantees. In the absence of a claim made within the aforementioned period and forms, the delivered products will be deemed compliant and accepted by the client.
REFUND: In the event of a return without the possibility of a new delivery, or in the case of a possible purchase abandonment according to the conditions of these GTC, the refund is made within 30 days after receipt of the package accompanied by a postal letter in which the client undertakes on honor to destroy all copies of the images or texts in his possession. The client must then provide a bank identity statement to allow reimbursement by bank transfer.
PRIVATE LIABILITY: The choice and purchase of a product or service are the sole responsibility of the client. The total or partial inability to use the products or services, particularly due to hardware incompatibility or other reasons, cannot give rise to any compensation, refund, or liability, except in the case of a proven hidden defect, non-compliance, or defect.
PROFESSIONAL LIABILITY: Regarding products or services purchased for professional use, the seller cannot be held responsible for any indirect damages, loss of business, loss of profit, or expenses that may arise from the use of these products or services.
CONFORMITY OF WORKS WITH RESPECT TO THE LAW: The works presented on the jacquesjulien.com website comply with French law. In the case of shipment to a country other than France, Jacques JULIEN’s liability can never be engaged due to the non-conformity of the product with foreign legislation. Therefore, it is the client’s responsibility to inquire about the law in force in the delivery country.
WARNINGS: The photographic art prints that the client receives are comparable to the images presented on the jacquesjulien.com website. However, differences in colors, brightness, or contrasts may be observed depending on the screen used to view the images (inappropriate screen, incorrect color profile of the screen device, etc.): therefore, the images representing the original photographs on the site are not contractual. Furthermore, despite all the care taken by the author in producing art prints, the appearance and colors of the image may change or degrade over time. These inevitable damages do not constitute a hidden defect or a manufacturing defect.
LIMITATIONS RELATED TO THE POSSESSION OF A PRINT: The purchase of a photograph in the form of a print or reproduction does not transfer the right of representation and reproduction. Only private use is possible, in accordance with Article L. 111-3 of the IPC: “[…] The buyer of this object is not invested, by virtue of this acquisition, with any of the rights provided for by this code […]”.
CONSERVATION OBLIGATION OF PRINTS: In accordance with the law (Article L121-1 of the Intellectual Property Code), the possessor of a signed artwork is obligated to ensure its proper conservation and must not, under any circumstances, destroy it. In the event of destruction, whether intentional or accidental, the possessor of the artwork undertakes to promptly inform the author.
IMPORTANT RECOMMENDATIONS: Various environmental factors can adversely affect the preservation of photographic art prints, including brightness, temperature, humidity, air pollution, and handling. Therefore, photographic art prints should not be exposed to excessive direct light, abnormal temperatures (either too low or too high), significant temperature fluctuations, abnormal humidity levels, vapors, gases, or suspended particles in the air, or any emissions that may be harmful. They should only be handled (with protective gloves) when necessary, avoiding rough or inappropriate handling.
Photographic art prints should not be displayed outdoors.
AVAILABILITY OF PRINT: In the event that the original file in the possession of the author is destroyed, the possessor of the artwork agrees to allow its potential reproduction through photography or any non-destructive means within a reasonable period not exceeding three months. The costs associated with such an operation, including transportation or others, are the responsibility of the requester.
CERTIFICATES OF AUTHENTICITY: They are provided upon request and can be of two types:
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Certificate issued by the author, with references and detailed descriptions of the artwork, certificate number, and author’s signature: at no extra cost.
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Certificate with seals or holograms to be affixed to the print and the certificate: with a fee. Note: once the seals or holograms are affixed to the print, it cannot be returned or exchanged.
PROPERTY WARRANTY: Jacques JULIEN guarantees that all photographs for sale on jacquesjulien.com are his property, and he has the necessary permissions regarding the shots and their dissemination on jacquesjulien.com.
INTELLECTUAL PROPERTY: All images and texts presented on the jacquesjulien.com website are protected by French laws and the Intellectual Property Code (Law No. 92-597 of July 1, 1992).
RATES WITHOUT SPECIAL AGREEMENT: Any use not in compliance with the law, or any unauthorized use of Jacques JULIEN’s work in public (commercial or non-commercial) constitutes an act of infringement (Art. L. 335-2 of the Intellectual Property Code) and is invoiced as an author’s note (prepaid AGESSA, non-applicable VAT, Article 293 B of the General Tax Code) according to the rates indicated on jacquesjulien.com, valid at the date of the facts, and additionally incurs automatic surcharges, which accumulate according to the following non-exhaustive list:
- Unauthorized use of photo or text: €250 excluding tax
- Unforeseen use of photo or text: €250 excluding tax
- Refusal or resistance to provide billing address or non-response: €250 excluding tax
- Absence of credit: 100% of the sale price (price according to jacquesjulien.com rates)
- Present credit but inactive link to jacquesjulien.com: 50% of the sale price (price according to jacquesjulien.com rates)
- Unauthorized cropping of photo or cutting of text, even minimal: 100% of the sale price (price according to jacquesjulien.com rates)
- Inversion or rotation of the image: 100% of the sale price (price according to jacquesjulien.com rates)
- Modification of the colorimetry of the image: 100% of the sale price (price according to jacquesjulien.com rates)
- Inscription or embedding of text (including title) on the image: 100% of the sale price (price according to jacquesjulien.com rates).
FORCE MAJEURE: In accordance with Article 1148 of the Civil Code, Jacques JULIEN cannot be held responsible or deemed to have committed a fault in the processing of your file if any delay or non-performance results from a force majeure event, including a total or partial strike of postal services, carriers, or the loss of the package by the carrier, or disasters caused by floods or fires, or traffic disturbances.
INCAPACITY TO WORK: In case of incapacity to work due to illness or accident, Jacques JULIEN reserves the right to terminate this contract and/or modify the delivery time without the client being entitled to demand compensation. In this case, it is agreed that jacquesjulien.com must notify the client on the first working day of his incapacity.
CONFIDENTIALITY: Jacques JULIEN undertakes to respect your privacy. The information collected enables the processing and shipment of orders. This information may also be subject to computer processing for the maintenance of a customer file. The recipients of the data are: public bodies (Agessa, Tax Services). By confirming his order, the client authorizes jacquesjulien.com to disclose them under these conditions. In accordance with Law No. 78-17 of January 6, 1978, as amended in 2004 (data protection and freedoms), the client can access this information, request its modification or correction, or demand not to appear in the jacquesjulien.com database. The client can exercise these rights by a simple request by email.
APPLICABLE LAW – JURISDICTION IN CASE OF DISPUTE: These General Terms and Conditions are subject to French law. In case of a dispute on the substance or form, legal jurisdiction will be assigned to the nearest French court to the author’s place of residence.
DATE OF POSTING OF THESE GENERAL TERMS AND CONDITIONS OF SALE:
December 3, 2023
