Terms and Conditions of Sale

Article 1Purpose and scope

These terms and conditions of sale (the “Terms”) apply to all sales concluded by Skywaven Studios of made-to-order fine art photographic prints (the “Product”) offered on the website www.skywavenstudios.com (the “Site”) to customers with the legal capacity to enter into contracts (the “Customer”). Acceptance of the Terms is given by ticking a box when the order is confirmed. The contract concluded with Skywaven Studios consists solely of the Terms and of the specific conditions shown in the order summary (the “Contract”). Any conflicting condition of the Customer shall therefore, unless expressly accepted, not be binding on Skywaven Studios, whenever it may have been brought to its attention.

Article 2Seller’s identity and customer service

The Site is operated by Mr Sébastien Kech, a sole proprietor (French entreprise individuelle, artist-author scheme) trading as Skywaven Studios, registered in the SIRENE register of INSEE under SIREN number 918 437 955 (SIRET 918 437 955 00019), whose intra-community VAT number is FR68 918 437 955. His address is 36 rue du Président Wilson, 78230 Le Pecq, France.

Skywaven Studios’ customer service can be contacted by email at contact@skywavenstudios.com for any question or information.

Article 3Pre-contractual information

The Products sold on the Site are prints in a limited edition of twenty per photograph, all sizes and materials combined, numbered, signed and made to order from original fine art photographs. Each print is delivered with a certificate of authenticity.

The characteristics of the Products are described on the Site. The Customer may ask questions about the characteristics of a Product by email at contact@skywavenstudios.com.

In all cases, the Customer is informed that:

• the sale of the Products does not transfer any intellectual property rights: the Customer’s rights in the work are limited to a right of private use, excluding any right of public communication or reproduction. Consequently, any distribution, rental, making available to the public or other analogue or digital exploitation, in whole or in part, is prohibited without the express, prior written consent of Skywaven Studios. If the Customer wishes to obtain such an authorisation or a transfer of rights, he or she may contact Skywaven Studios for a quote (see Article 17);
• the consumer Customer has a fourteen-day right of withdrawal under the conditions set out in Article 10, except for prints made to a special request (size, material or cropping outside the options offered on the Site, or a dedication), which are excluded under Article L. 221-28 of the French Consumer Code.

Article 4Creating a customer account

To place an order on the Site, the Customer must first create a customer account (the “Customer Account”).

4.1. Creation

To create a Customer Account, the Customer fills in the mandatory fields of the registration form offered during checkout. Each Customer may create only one Customer Account.

4.2. Login details

The login details giving access to the Customer Account are strictly personal and must be kept secret by the Customer, under his or her responsibility. In the event of loss or theft of the login details or any unauthorised use of the Customer Account, the Customer must follow the procedure provided on the Site so that new login details can be created.

4.3. Activation of the Customer Account

By confirming the creation of the Customer Account, the Customer:

• acknowledges having been able to check and, if necessary, correct the information it contains;
• warrants that the information provided about his or her identity and contact details is accurate, up to date and complete.

4.4. Updating the Customer Account

The Customer undertakes to keep all personal information in the Customer Account regularly up to date so that it remains accurate.

Article 5Prices

5.1. Product prices

Products are sold at the prices in force on the Site when the order is placed. Prices are stated in euros, inclusive of VAT and all other taxes. Unless otherwise stated on the Site or in these Terms, prices do not include delivery costs, which are charged in addition.

5.2. Delivery costs

Delivery costs are calculated according to the weight and size of the Products delivered and to the place and method of delivery chosen by the Customer. They are shown to the Customer before the order is confirmed and paid, in euros, inclusive of VAT.

For delivery to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and to the French overseas territories, customs duties, local taxes, import duties or state taxes may be payable. These duties and amounts are borne by the Customer, who is solely responsible for any declarations and payments to the competent authorities and bodies of his or her country.

Article 6Promotional codes

Promotional codes issued by Skywaven Studios (the “Promotional Codes”) are for promotional purposes only.

Promotional Codes must be used on the Site and expire on the date stated in the conditions communicated with them. They may be subject to additional conditions communicated with the Promotional Code.

Promotional Codes may not be used on any other website operated by Skywaven Studios or by any other entity, unless otherwise provided in these Terms or in the conditions communicated with the Promotional Code.

Promotional Codes may not be resold, transferred, exchanged for cash or used on another Customer Account, unless required by law.

Article 7Orders

The Customer must read the Terms carefully and accept them before paying for an order of Products placed on the Site. By confirming the order, the Customer expressly declares that he or she accepts the Terms without restriction or reservation.

Before confirming the order, the Customer can check the details of the order and correct any errors.

The distance sales contract is concluded when the Customer confirms the order by clicking the “Order and pay” button. The Customer is deemed to have knowingly accepted the content and conditions of the order, in particular the Terms, the fact that the order implies an obligation to pay, and the prices, characteristics, quantities and delivery times of the Products ordered.

Once this step has been completed, the Customer can no longer change or cancel the order, subject to the right of withdrawal provided for in Article 10.

If a Product is not available, in particular when the edition is sold out, Skywaven Studios informs the Customer and may either cancel the order or propose a later delivery date. Skywaven Studios also reserves the right to refuse or cancel any order or delivery in the event of:

• an existing dispute with the Customer;
• non-payment of a previous order by the Customer;
• refusal of payment authorisation by the bank or payment provider;
• non-payment or partial payment.

Where applicable, the Customer is refunded the amounts paid for the cancelled order within fourteen days of the date of cancellation.

Article 8Payment

The Customer pays for the order using one of the payment methods offered at checkout: card, SEPA Direct Debit, Apple Pay, Google Pay and Link, processed by Stripe; PayPal, and the local payment methods offered by PayPal depending on the Customer’s country (Bancontact, BLIK, EPS, iDEAL, MyBank, Przelewy24, Trustly, Multibanco).

When paying by card, the Customer enters the card number, expiry date, cardholder’s name and security code directly in the field provided. The holder of the payment method must be the Customer or, if the Customer is a legal entity, its legal representative or an employee with authority to act. In the event of fraudulent use of the payment method, the Customer is invited to contact Skywaven Studios at the address given in Article 2.

The amounts paid can never be regarded as a deposit or down payment. The order is only confirmed, and the Product only made and delivered, once the amount due has been received. With SEPA Direct Debit, receipt of the funds may take a few working days.

8.1. Payment via Stripe

The Customer’s payment details are transmitted securely to the payment provider Stripe, with strong authentication (3D Secure) where the Customer’s bank requires it. This information is accessible only to Stripe, so that it can contact the Customer’s bank. At no time can Skywaven Studios or any other third party access the Customer’s bank details.

8.2. Payment via PayPal

When choosing to pay with PayPal or with one of the payment methods offered by PayPal, the Customer is redirected to PayPal’s interface. Once the payment has been confirmed, the Customer can complete the order on the Site.

Article 9Delivery

9.1. Delivery by carrier

Place of delivery: Products are delivered by Colissimo or, where their packed dimensions exceed those accepted by Colissimo (Large and Extra large sizes, some framed prints), by another carrier, to the countries offered at checkout, to the address and in the manner specified in the order. Home delivery requires a signature. Where no delivery method is offered for a Product and a destination, delivery is quoted on request. When the order is shipped, a confirmation email is sent to the Customer.

Delivery time: each print is made after the order is placed. The delivery time, including production, is generally two to three weeks and no more than thirty days for mainland France and Europe; it is thirty to forty-five days for the French overseas territories and other countries.

Late delivery: in the event of late delivery, the Customer must inform Skywaven Studios’ customer service within eight days by email at contact@skywavenstudios.com. If necessary, Skywaven Studios then contacts the carrier so that an investigation can be carried out.

If the Product is not delivered within the time stated above, the Customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having requested Skywaven Studios to deliver within a reasonable additional period, Skywaven Studios has not done so within that period. The contract is deemed terminated upon receipt by Skywaven Studios of the letter or written notice of termination, unless Skywaven Studios has performed in the meantime. If the Contract is terminated, Skywaven Studios refunds the Customer all amounts paid within fourteen days of the date of termination.

Receipt: on receipt of the Product(s) ordered, the Customer must check that they conform to the order. Any problem with the delivery (missing or broken Product, damaged parcel, etc.) must be reported to the carrier and to customer service, by email at contact@skywavenstudios.com, within three working days of receipt. This report must be precise and complete enough to establish the existence and extent of the damage.

Missing or incorrect information: Skywaven Studios is not responsible for errors or inaccuracies in the data entered by the Customer, nor for their consequences (delays, delivery errors, etc.). Skywaven Studios reserves the right to charge the Customer for the cost of re-shipping a Product as a result of incorrect information given by the Customer or of the Customer’s absence at the time of delivery.

9.2. Delivery to a pickup point

Depending on the country of delivery, the size and weight of the Products and the value of the order, the Customer may choose to collect the parcel from a Colissimo pickup point, selected when placing the order.

To collect the parcel, the Customer must:

• go to the Colissimo pickup point on the days and at the times indicated;
• bring a valid identity document and the order number shown in the order confirmation email.

For more information, the Customer may consult the Colissimo terms and conditions.

Article 10Right of withdrawal

10.1. Withdrawal period

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer Customer has fourteen days to exercise the right of withdrawal, without giving any reason and without incurring any costs other than those provided for in Article 10.4. This period runs from the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Product. Where the order covers several Products delivered separately, it runs from receipt of the last Product. A period ending on a Saturday, Sunday or public holiday is extended to the next working day.

10.2. Exception: prints made to a special request

In accordance with Article L. 221-28(3) of the French Consumer Code, the right of withdrawal does not apply to prints made to the Customer’s specifications or clearly personalised, that is, made to a special request outside the options offered by the configurator on the Site (size, material or cropping agreed in writing with Skywaven Studios), or bearing a personalisation such as a dedication. The Customer is informed of this in writing before placing such an order.

10.3. Exercising the right of withdrawal

To exercise the right of withdrawal, the Customer informs Skywaven Studios of the decision before the period expires, by one of the following means:

• online, using the “Withdraw from contract here” function, accessible from the Contact page, the “My account” area and the order emails;
• using the model withdrawal form in the annex, sent by email or by post;
• by any other unequivocal statement setting out the decision to withdraw, sent to the contact details given in Article 2.

Skywaven Studios sends the Customer an acknowledgement of receipt of the withdrawal by email without delay. The burden of proof of exercising the right of withdrawal lies with the Customer.

10.4. Returning the Product

The Customer sends the Product back to Skywaven Studios, 36 rue du Président Wilson, 78230 Le Pecq, France, without undue delay and no later than fourteen days after communicating the decision to withdraw. The Product must be returned complete, in its original packaging or in packaging offering equivalent protection, together with its certificate of authenticity. The direct cost of returning the Product is borne by the Customer. Where a print cannot be returned by post because of its size (Large and Extra large sizes, some framed prints), it is returned by carrier, at an estimated cost of no more than 150 € from mainland France, 250 € from another European country and 500 € from the French overseas territories or the rest of the world, excluding optional insurance.

The Customer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics and functioning.

10.5. Refund

Skywaven Studios refunds all amounts paid by the Customer, including the initial delivery costs, with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered, without undue delay and no later than fourteen days from the day on which it is informed of the decision to withdraw. Skywaven Studios may withhold the refund until it has received the Product back or until the Customer has supplied evidence of having sent it back, whichever is the earliest. The refund is made using the same means of payment as for the order, unless the Customer has expressly agreed otherwise, and at no cost to the Customer.

Article 11Retention of title

The Product(s) ordered remain the property of Skywaven Studios until full payment has been received by Skywaven Studios. In the event of a payment incident, the Customer undertakes to return the Product(s) received to Skywaven Studios on first request. However, from the date on which the Customer actually takes possession of the Product(s), the risks (in particular of loss, theft or damage) relating to the Product(s) delivered are borne by the Customer.

Article 12Guarantees

The legal guarantees below apply regardless of any commercial guarantee that may have been granted. To invoke them, the Customer contacts Skywaven Studios using the contact details given in Article 2.

12.1. Legal guarantee of conformity (consumer Customer)

12.2. Legal guarantee against hidden defects

Subject to the conditions laid down by law, the Customer may invoke the guarantee against hidden defects in the item sold (Articles 1641 to 1649 of the French Civil Code). In that case, the Customer may choose between cancellation of the sale and a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.

Article 1641 of the French Civil Code: the seller is bound by the guarantee against hidden defects in the thing sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would have paid a lower price, had he known of them.

Article 1648, first paragraph, of the French Civil Code: an action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

Article 13Liability

In general, Skywaven Studios is not liable where the improper performance or non-performance of the obligations arising from the sale is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to force majeure.

Should Skywaven Studios be held liable, it is expressly agreed that it shall only be required to compensate the direct loss that the Customer can prove, in accordance with Article 1231-4 of the French Civil Code.

Skywaven Studios accepts no commitment or liability, in any form whatsoever, with regard to:

• the consequences of a failure of the Customer’s computer equipment or network (computer, phone, etc.);
• the consequences of an interruption or failure of the internet or of internet access services;
• improper installation, improper use, normal wear and tear, negligence or lack of maintenance on the part of the Customer.

Article 14Force majeure

Neither party shall be held liable if the performance of its obligations is delayed, restricted or made impossible by an event of force majeure as defined in Article 1218 of the French Civil Code (“Force Majeure”). The party affected by Force Majeure informs the other party without delay. In the event of Force Majeure, if the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is permanent, the Contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

Article 15Personal data

The processing of the Customer’s personal data is described in Skywaven Studios’ privacy statement.

Article 16Telephone number

If the Customer’s telephone number is collected when the order is placed, it is used solely for the proper performance of the order, in particular to allow the carrier to notify the Customer of the delivery of the parcel. It is never used for marketing purposes.

Article 17Intellectual property and protection of databases

The sale of the Products does not transfer any intellectual property rights: the Customer’s rights in the work are limited to a right of private use, excluding any right of public communication or reproduction. Consequently, any distribution, rental, making available to the public or other analogue or digital exploitation, in whole or in part, is prohibited without the express, prior written consent of Skywaven Studios. If the Customer wishes to obtain such an authorisation or a transfer of rights, he or she may contact Skywaven Studios for a quote.

In general, all elements of the Site, whether visual or audio, including the underlying technology, and the Products are protected by intellectual property rights such as copyright, trade mark law or patents. They are the exclusive property of Skywaven Studios or its suppliers. Any reproduction, public communication or reuse, in whole or in part, on any medium whatsoever, is prohibited. Failure to comply with this prohibition constitutes infringement, which may give rise to civil and criminal liability for the infringer.

It is prohibited to systematically extract or reuse parts of the content of the Site without prior written authorisation. In particular, it is prohibited to use a data-mining robot or any similar data collection or extraction tool to retrieve, on one or more occasions, or reuse any substantial part of the Site without the prior written consent of Skywaven Studios, or to create or publish databases containing substantial parts of the Site (for example prices and product lists) without prior written authorisation.

Article 18Partial invalidity

If one or more provisions of the Terms are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent court, the other provisions shall remain in full force and effect.

Article 19Changes to the Site or the Terms

Skywaven Studios reserves the right to make changes to its Site, its procedures and its Terms at any time. Each Customer is bound by the procedures and Terms in force when he or she orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in which case the change may apply to orders previously placed by the Customer).

Article 20Evidence

In addition to the legal provisions recognising the evidential value of electronic documents, the Customer acknowledges the validity and evidential value of emails, text messages, digital notifications and records made by Skywaven Studios.

Article 21Complaints

Any complaint may be sent to Skywaven Studios by email or by post to the addresses given in Article 2.

Article 22Mediation

Where the Customer is a consumer within the meaning of the introductory article of the French Consumer Code, in accordance with Article L. 612-1 of that Code, within one year of his or her written complaint and subject to Article L. 152-2 of that Code, the Customer is entitled to request an amicable settlement through mediation with the following mediator, to which Skywaven Studios belongs:

For business customers, any dispute may be submitted to a mediator such as the French business mediator, the Médiateur des entreprises.

Article 23Governing law and disputes

The Terms are governed by French law. In the event of translation, the French version prevails.

If the Customer is a trader, any dispute of any kind relating to the interpretation, validity and performance of the contract concluded with Skywaven Studios, even in the event of a third-party claim or multiple defendants, shall be subject to the exclusive jurisdiction of the competent court for the place where Skywaven Studios is established.

AnnexModel withdrawal form

Model withdrawal form (Annex I(B) of Directive 2011/83/EU; annex to Article R. 221-1 of the French Consumer Code). The Customer may also exercise the right of withdrawal online, on the “Withdraw from the contract” page.