Terms and conditions of sale

1. Seller details

Fanny Labbé EI, trading as MNLA.
Registered address: 2153 route de Pommiers, 24350 Lisle
SIRET: 93792603800020
Email: mnla.contact@gmail.com
Telephone: +33 6 87 06 03 87

2. Products offered

Paid photo gallery: access to all the photographs from a session, in high definition and without watermarks. Before purchase, one photograph is provided free of charge and the others can be viewed as watermarked previews. The number of photographs is shown on the gallery page.

Technical specifications. The photographs are delivered as image files in their original format and resolution, most often JPEG. They carry no technical protection measures, no watermark and no copy restriction. They can be opened with any software or device capable of displaying an image, without any account or particular application. Downloading requires an internet connection and sufficient storage space.

Private galleries provided to clients as part of a service that has already been paid for are not covered by these terms: access to them is included in the corresponding service contract.

Gift card: a voucher of a set value, redeemable against a service, sent as a PDF by email after payment. Its period of validity is 12 months from purchase, and it is stated on the card itself.

3. Prices

Prices are stated in euros and include all taxes.

VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts). The business is subject to the VAT exemption scheme for small businesses (franchise en base de TVA): no value added tax is charged or recoverable.

The applicable price is the one displayed on the product page at the time of the order.

4. Acceptance of the terms

The applicable version is the one online on the date of the order. Its reference is kept with the invoice, so that the terms accepted remain identifiable after any subsequent amendment.

Acceptance results from the validation of payment: by paying for the order, the buyer declares that they have read these terms and accept them without reservation.

5. Order, payment and confirmation

Orders are placed directly on the website. Payment is made in a single instalment, by bank card, via the secure platform Stripe. No bank details pass through the website or are stored on it.

The sale is concluded when payment is confirmed by Stripe.

Confirmation on a durable medium. In accordance with Article L.221-13 of the French Consumer Code (Code de la consommation), a confirmation email is sent to the address provided at the time of payment. It summarises the order, refers to these terms as accepted, and includes the invoice as an attachment. It constitutes confirmation of the contract on a durable medium and may be kept.

6. Delivery

Paid photo gallery: access is opened immediately after payment is confirmed. A personal link is also sent by email, so that the gallery can be found again from any device. The photographs can be downloaded one by one, or as a single complete archive, prepared in advance and available as soon as payment is confirmed.

Gift card: it is sent as a PDF by email as soon as payment is confirmed.

Access period: the gallery can be viewed and downloaded for two months from payment. It is the buyer's responsibility to download the files and keep them within this period: this provision of the files does not constitute a long-term archiving service.

After this period, a request to put the gallery back online may be made by email. It is subject to a prior quote and remains conditional on the original files having been kept.

7. Right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the consumer has a period of fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to give any reason.

Exception applicable to photo galleries. Article L.221-28 13° of the same code excludes this right for the supply of digital content not supplied on a tangible medium, where performance has begun with the consumer's prior express consent and their express waiver of their right of withdrawal. By ticking the box provided for this purpose before payment, the buyer requests immediate access to the gallery and acknowledges that they lose their right of withdrawal.

This box is separate from the acceptance of these terms, and the date on which it was ticked is kept.

Gift cards. The right of withdrawal is exercised within a period of fourteen days from purchase.

To exercise it, simply send an unambiguous statement by email to mnla.contact@gmail.com, or use the model form reproduced in section 8.

8. Model withdrawal form

Model provided for in the annex to Article R.221-1 of the French Consumer Code. It applies to gift cards: paid photo galleries are excluded from it, as immediate access constitutes a waiver.

Its use is not mandatory: a written statement unambiguously expressing the decision to withdraw is sufficient. There is no online form to fill in: copy the text below into an email or a letter.

9. Refunds

A refund is made in the following cases:

• exercise of the right of withdrawal under the conditions of section 7;
• lasting inability to access or download the purchased content, attributable to the seller and not resolved after being reported;
• lack of conformity of the digital content within the meaning of section 11, where bringing it into conformity proves impossible;
• double payment or billing error.

The refund is made no later than fourteen days after the refund request has been accepted as justified, using the same means of payment as that used for the purchase, at no cost to the buyer.

The actual downloading of the photographs, after an express waiver of the right of withdrawal, does not give rise to a refund, without prejudice to section 11.

10. Rights in the photographs

The purchase of a gallery grants a right of private use: viewing, keeping, printing for personal use and sharing with family and friends, including on social media.

The photographer retains all her copyright. Any commercial exploitation, transfer to a third party, resale, or use for advertising requires her prior written consent.

The photographs must not be altered or substantially cropped, nor may their signature be removed. Crediting the author is appreciated when they are published online.

Image rights of the people depicted. The right of use granted covers the photographic work, not the image of the people who appear in it. Any dissemination, in particular public or online, requires their agreement to have been obtained, or that of the holders of parental authority in the case of minors. This responsibility lies with the person who disseminates the photographs.

11. Conformity and complaints

Photo galleries fall under the rules governing the supply of digital content: Articles L.224-25-12 et seq. of the French Consumer Code guarantee their conformity with the contract, and give entitlement to having them brought into conformity or, failing that, to a price reduction or the termination of the contract.

Any difficulty with access or downloading can be reported simply by replying to the confirmation email. A solution is sought as promptly as possible.

12. Evidence agreement

The time-stamped records kept by the website constitute proof between the parties, in particular as regards the date of the order, the version of the terms accepted and the waiver of the right of withdrawal provided for in section 7.

Evidence to the contrary remains admissible, as this clause is not intended to restrict the court's freedom to assess the evidence.

13. Consumer mediation

In accordance with Article L.612-1 of the French Consumer Code, any consumer may have recourse, free of charge, to a mediator with a view to the amicable resolution of a dispute, after having sent a written complaint that has not received a satisfactory response.

14. Personal data

The data collected during a purchase, namely email address, name, billing address and order information, are used solely for the performance of the contract, the issuing of the invoice and the management of the customer relationship.

Their processing, the service providers involved and transfers outside the European Union are described in the privacy policy.

15. Amendments to the terms and language of the contract

These terms may be amended at any time. The version applicable to an order remains the one online on the date of that order, in accordance with section 4: any later amendment has no effect on orders already placed.

The contract is concluded in French. Where a translation is provided, only the French version is legally binding.

16. Governing law

These terms are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal action is taken.

Failing agreement, the French courts have jurisdiction. The consumer may bring proceedings before the court of their place of residence.