Terms and conditions general
Article 1 – General Points
www.robinsimard.com s a site managed by Robin Simard Photographe, registered with the Registraire des enterprises du Québec.
All orders of photograph prints placed, indicate full and total acceptance of the terms of sale in force.
Robin Simard Photographe reserves the right to modify at any time these terms and conditions. If modified, the general conditions of sale in force at the time of placing the order will be applied.
All visuals, photographs, technical data, weights, measurements, and other descriptions, texts, drawings, or photographs available on the Robin Simard Photographe site are given for informational purposes only.
Article 2 – Intellectual Property
All texts, logos, drawings, and photographs included on the robin simard.com website or disseminated by email are the freehold of Robin Simard Photographe and the photographers who are the authors of the said photographs. Any reproduction, in whole or in part is prohibited without prior permission of Robin Simard Photographe.
Article 3 – Products
Robin Simard Photographe sells professional quality photographs, printed on paper using inkjet technique.
Article 3.1 – Certificate of Authenticity
The prints come with a certificate of authenticity. The certificate includes the title of the work, the name of the photographer, the printing techniques used (printer, paper type, ink), the laboratory name, the printing date, the print number and total number of prints. It also includes the signature of the photographer, and a print which is also found on the back of the print.
Article 3.2 – Photographer Guarantee
By contract, the photographer declares that s/he is the author of the photograph that s/he sells through Robin Simard Photographe, and warrants that s/he owns all copyrights.
The photographer guarantees in particular:
- that s/he has, under no circumstances, transferred, nor will transfer, the copyrights to a third party (Exclusive Warranty);
- that the photograph does not contain anything likely to violate the rights of others and lead to lawsuits, including plagiarism, forgery or civil liability;
- that the s/he has the necessary waivers and release forms signed by individuals who might appear in the photograph, including the exploitation of their image.
The photographer agrees to be held financially and legally responsible in case of non-compliance with these commitments, and to indemnify Robin Simard Photographe against all third party claims.
Article 3.3 – Limits of the Exclusive Warranty
The photographer retains the right to print or have printed for her/him three artist’s proofs, which will have to be identified as such by the numbering AP/1 AP/2, and AP/3. These prints may be part of a public exhibition.
The photographer also retains the right to publish, or have the photographs sold by Robin Simard Photographe, published in a book, magazine, website, or other media, including against payment.
Article 3.4 – Compliance of the Print
The print is sold as it appears on the site www.robinsimard.com. However, Robin Simard Photographe cannot be held responsible for minor differences resulting from printing technology, which may exist between the image presented on the site and the print.
Article 4 – Orders
The products are sold within the limits of available stocks. The final validation of the order is concluded after approval of payment. Following the validation of your order, a confirmation email will be sent to the email address provided. The message will indicate the references and main specifications of the photographic prints, as well as any eventual delivery terms.
Article 5 – Price
All prices listed on the site are in Canadian dollars, excluding taxes, shipping, and custom fees. Prices may be modified at any time, but these changes will not affect orders already placed.
Article 5.1 – Taxes
The amount of taxes to be paid is determined by the shipping address: GST and PST are applied to shipping addresses located in Québec, GST only to shipping addresses located in the rest of Canada. For the rest of the world addresses, no tax applies.
Article 5.2 – Shipping Fees
In addition to the price of the items (and taxes if any), you must contribute financially towards shipping fees and the processing of your order. The amount will be specified on the order before its validation.
Article 5.3 – Custom Fees
Custom fees, where applicable, are the responsibility of the customer.
Article 6 – Payment
Settlement of purchases is made mainly through the secure payment system Paypall, Visa® and MasterCard®. For more information on PayPal, Visa® and MasterCard®, see Securing Payment.
The buyer may however choose another method of payment. For this, the buyer must specify the prefered method of payment in step”Order Confirmation”. The buyer choosing a different method of payment must still confirm the order to validate it.
Article 7 – Delivery
Robin Simard Photographe delivers in Canada, the United States, and Europe. Delivery may take 1-3 weeks depending on country of delivery.
Shipping fees depend on the country and region of delivery, and the shipping method. Robin Simard Photographe cannot be held responsible for items after they have been delivered to the transport company. Robin Simard Photographe disclaims any liability for delay, loss or damage in transport. In case of dispute, the customer must deal with the company responsible for the routing of the package. Delivery cannot be ensured in case of force majeure.
Article 8 – Exchange or Refund
The client has fifteen (15) days after the purchase to request an exchange or a refund of any photographic prints ordered at Robin Simard Photographe. This request must be made in writing and by returning the products to Robin Simard Photographe.
The customer must specify its name, contact details, the purchase order number, and the reason for the return and, where applicable, the details of the print ordered in exchange. If the return of merchandise is due to damage to the quality or manufacturing problem, Robin Simard Photographe will pay the shipping costs. In other cases, return shipping is the responsibility of the customer. Items returned damaged, soiled or damaged by customers are not accepted. For exchanges, the customer will pay a lump sum contribution to postage and processing of the request. Refund of the item price will be made within thirty (30) days of receipt of the photographic prints in their original condition by Robin Simard Photographe. If returns are abnormal or abusive, Robin Simard Photographe reserves the right to refuse a subsequent order.
Article 9 – Site availability
Robin Simard Photographe makes every effort to ensure the safety and quality of navigation on its site. However, Robin Simard Photographe does not guarantee access to the site will be uninterrupted or error free, or that the site is free of viruses or others harmful components.
Robin Simard Photographe makes no warranty, express or implied, and specifically excludes all warranties regarding the availability and compliance functions of the site and the site’s ability to meet expectations or needs of the user. Robin Simard Photographecannot be held liable for any direct or indirect result of the inability of the user to use the site.
Article 10 – Applicable Law
In case of dispute, an amicable solution will be sought before any legal action. Any dispute concerning the www.robinsimard.com site is governed by federal and provincial laws of Canada. The courts of the judicial district of Montréal have sole jurisdiction.