General Terms and Conditions of Sale 

Last updated: November 2025

1. PURPOSE

The website www.espoir-photos.com (hereinafter the « Website ») is published by DESCAMPS Mireille, an individual entrepreneur operating under the trade name « Espoir Photos » (hereinafter « Espoir Photos »).

The Website offers for sale photographs that are original works with entirely personalized prints, a personalized photo-poetry book, as well as personalized derivative products (hereinafter collectively referred to as the « Products »). 

These General Terms and Conditions of Sale (hereinafter « General Terms and Conditions of Sale ») govern the relationship between Espoir Photos and any person placing an order on the Website (hereinafter « Customer »). 

Access to and use of the Website constitutes full and complete acceptance of these General Terms and Conditions of Sale. When placing an order, the Customer is invited to expressly accept these General Terms and Conditions of Sale via a dedicated checkbox. If the Customer refuses any or all of the provisions of these General Terms and Conditions of Sale, they are requested not to use the Website. 

These General Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, where applicable, over any other version or contradictory document.

In the event of questions relating to these General Terms and Conditions of Sale or the Products, the Customer may contact Espoir Photos directly by sending an email to the following address: jcms@espoir-photos.com.   

2. ACCESS TO THE WEBSITE

Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days a week, subject to force majeure, possible breakdowns, or any maintenance required for the proper functioning of the Website.

In any event, the Customer acknowledges that they have the skills and resources necessary to access and use the Website. In this regard, the Customer must have a computer, mobile phone, or any other device with an internet connection, whose settings allow the Website to function properly.

Generally speaking, the Customer declares that they are aware of the risks associated with browsing websites. The Customer acknowledges in particular that information transmitted through them may be intercepted or altered independently of Espoir Photos' wishes.

In this regard, the Customer is strongly advised to take all necessary precautions to protect themselves against the effects of any potential hacking, particularly by adopting a secure and appropriate computer configuration.

Although Espoir Photos strives to provide a reliable Website, this does not guarantee that it is free from errors, inaccuracies, omissions, periods of unavailability, vulnerabilities, or defects. Consequently, the Customer acknowledges that they use the Website and the content published on it under their sole responsibility. 

In any event, Espoir Photos shall not be held liable for any direct or indirect damage that may result from: 

• any malfunction or contamination of the device used by the Customer during or after browsing the Site, any inability to access the Site or poor operating conditions attributable to the device, the internet service provider, congestion of the internet network, or any other reason outside Espoir Photos’ control;
• electronic or telephone communication costs incurred through use of the device, which are borne exclusively by the Customer and will not be covered by Espoir Photos;
• any temporary or permanent interruption of all or part of the Site’s features, particularly in the event of a technical incident, maintenance, modification, or update of the Site and, more generally, in the event of an occurrence beyond Espoir Photos’ control;
• any consequence that may arise from the content of third-party websites to which hyperlinks that may be present on the Site lead;
• any loss suffered by the Customer or a third party resulting from use of the Site that does not comply with these General Terms and Conditions of Sale.

3. PRODUCTS OFFERED FOR ORDER ON THE SITE 

3.1 Description of the Products 

The Site offers the following Products for sale: 

• photographs that are original works and whose printing is fully personalized (texture, medium, size, framing); 
• a personalized photo-poetry book; 
• personalized derivative products (mugs, sweatshirts, T-shirts, tank tops, dresses, etc.).

These Products are manufactured exclusively to order in accordance with the specifications selected by the Customer. 

The main characteristics of the Products are provided on the Site, in accordance with Article L. 111-1 of the French Consumer Code. The Customer must review them before placing any order. 

The photographs and graphics presented on the Site are not contractual and shall not incur the liability of Espoir Photos.

3.2 Conditions for Accessing the Products

To place an order on the Site, the Customer must:

• be of legal age; 
• have the capacity and qualifications required to place an order;  
• comply with these General Terms and Conditions of Sale, as well as with the applicable laws and regulations.  

4. PRICES 

The Products are supplied at the prices in effect and displayed on the Site when the Customer validates the order. The prices indicated on the Site are valid, except in the event of an obvious error.

The price is expressed in euros, including all taxes (VAT included). The sale of the Products is not subject to value-added tax (VAT).

The price of each Product does not include transportation and delivery costs, which are charged additionally under the conditions indicated on the Site and calculated before the Customer’s final validation of the order. 

The payment requested from the Customer corresponds to the total purchase amount, including transportation and delivery costs. The price stated in the acknowledgment issued by Espoir Photos after the order is placed is the final price and includes transportation and delivery costs.

Espoir Photos’ supplier prices may change. Consequently, the prices displayed on the Site may change. They may also be modified in the event of special offers or sales.

5. CREATING AN ACCOUNT ON THE SITE

5.1 Conditions for Creating an Account

As part of placing an order on the Site, the Customer may create a customer account. To create a customer account, the Customer must complete the mandatory fields in the customer account creation form on the Site. Mandatory fields are marked with an asterisk. If the Customer refuses to provide the required mandatory information, Espoirs Photos will be unable to process their request to create a customer account.

The Customer guarantees the truthfulness and accuracy of the information provided when creating their customer account. For more information about Espoir Photos’ use of their personal data, the Customer is invited to consult the privacy policy. 

Once the customer account has been created, a validation email is sent to the email address provided by the Customer.

5.2 Security of Login Credentials and Passwords

Using a strong password is an essential condition for protecting the customer account. The Customer must choose a password that complies with Espoir Photos’ security requirements, consisting of alphanumeric characters and containing at least twelve (12) characters, including three (3) special characters (uppercase letters, lowercase letters, numbers, and special characters).

Login credentials are personal, confidential, and non-transferable to third parties. The Customer must ensure their confidentiality and security. In the event of loss, forgetting, and/or theft, the Customer must promptly request a password reset on the Site. Espoir Photos cannot be held liable for any use of the customer account by a third party who has gained access to the Customer’s login credentials, regardless of the cause.

Espoir Photos reserves the right, at any time and provided that the Customer is informed, to modify or delete login credentials if they are deemed unlawful, offensive, threatening, defamatory, obscene, or infringe third-party intellectual property rights or these General Terms and Conditions of Sale. 

6. ORDER

6.1. Selecting the Products 

The Customer selects the Products of their choice by clicking on the relevant Products, choosing the desired quantities and the available characteristics (texture, medium, size, framing). 

Once the Product has been selected, it is placed in the Customer’s basket. The Customer may add as many Products as desired to their basket, subject to availability.

If a Product becomes unavailable after the Customer has confirmed the order, Espoir Photos may offer the Customer an equivalent replacement Product, a refund or a credit note, in particular by contacting the Customer by email or telephone.

At any time during their selection of Products, the Customer may:

• view the details of their order from the summary panel of their basket; 
• continue selecting Products by browsing the Site; 
• remove selected Products from their order; 
• complete their selection and order the selected Products. 

The Customer is responsible for checking the accuracy of the order and the information provided and for immediately reporting or correcting any error in the order before formally accepting these General Terms and Conditions of Sale and clicking the “Continue to payment” button. 

6.2 Login

Once the Customer has clicked the “Proceed to payment” button, they may log in if they have already created a customer account on the Site, create a customer account in accordance with the procedures specified in Article 5 of these General Terms and Conditions of Sale, or continue their order as a guest. 

6.3. Placing the order

The Customer is then invited to complete the delivery form so that the carrier has all the information necessary to process and deliver the order. Mandatory fields are indicated by an asterisk. The Customer must enter all information relating to delivery, in particular the exact delivery address, as well as any access code associated with the delivery address or any special details enabling delivery by the carrier (access code, floor, etc.). Espoir Photos cannot be held liable if delivery is impossible due to incorrect or incomplete information provided by the Customer. 

The Products may only be delivered to the countries listed in the delivery form.

The Customer is then invited to check the contents of their order (including the quantity, its characteristics, the delivery address, the payment method and the price), as well as the delivery time depending on the delivery method selected, before confirming their order. At this stage, the Customer may still correct any errors before confirming their order.

After validating the contents of the order, the Customer clicks the “Validate order and pay” button. The order validation includes the term “pay” because it entails an obligation to pay for the Products ordered.

This second click constitutes an electronic signature. This signature binds the Customer in the same way as a handwritten signature. The order form will be recorded in Espoir Photos’ electronic records, which are themselves stored on a reliable and durable medium, and will be considered proof of the Customer’s commitment. 

7. ORDER

7.1 Payment method

On the payment page, the Customer is invited to choose the payment method they wish to use from those offered on the Website. The Customer may then pay for the Products by following the instructions on the Website. 

The price is payable in full at the time the Customer validates the order. Promotional codes must be entered before the order is validated. No discount associated with a promotional code, credit, or voucher that was not mentioned when the order was placed online may be applied. 

Payment is made securely by bank card (American Express, Visa, MasterCard, etc.) or via Paypal.

The Customer guarantees to Espoir Photos that they hold all the authorizations required to use the chosen payment method. Espoir Photos takes all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payment on the Website. 

If the Customer chooses to pay by bank card, they are redirected to the website of a secure payment provider and must provide the cardholder’s name, card number, expiration date, and verification code on that website.

Following payment, the Customer receives an order confirmation email, which confirms that Espoir Photos has properly processed the order. If the Customer does not receive this email, they must contact Espoir Photos using the contact details provided in the preamble to these Terms and on the Website.  

Once confirmed by this email, the order may not be modified or canceled by the Customer. 

7.2 Invoice 

Neither the order form that the Customer completes online nor the order acknowledgment that Espoir Photos sends to the Customer by email constitutes an invoice. Regardless of the ordering or payment method used by the Customer, a printable invoice will be available on the Website after authentication of the relevant order, and the Customer will receive the invoice upon delivery of the Products.

8. DELIVERIES

The order is delivered to the delivery address provided by the Customer when placing the order. 

Espoir Photos and the carrier make every effort to deliver the Products within the timeframes displayed when the order is placed, which may depend on the number of orders in progress. However, these timeframes are provided for information purposes only and, given the uncertainties related to the number of orders in progress, traffic, or weather conditions, may be exceeded. Exceeding the delivery timeframe indicated to the Customer when the order was placed does not entitle the Customer to any compensation.

If the Customer is absent from the delivery address at the time of delivery, or if it is materially impossible for the delivery driver to access the delivery address, the order may be returned to the sender, without entitling the Customer to any compensation.

9. REVIEWS OF THE ORDER

9.1 Posting Reviews on the Website

After placing their order, the Customer will receive a satisfaction email to collect their review. Therefore, only Customers who have placed an order on the Website may submit a review.

If the Customer wishes to submit a review, they must click the link in the satisfaction email. They will then be automatically redirected to a form where they can submit their review. The Customer must not disclose their full identity or any other personal information in their review. Otherwise, the Customer understands and accepts that their personal information will be publicly displayed on the Website.

A review will be posted on the Website as soon as possible, subject to moderation by Espoir Photos.

By posting a review on the Website, the Customer understands and accepts that:

• be published publicly on the Website and accessible to all Website visitors (Customers or otherwise), as well as to Internet users outside the Website via search engine indexing, where applicable;
• be used by Espoirs for promotional purposes, by any means and on any medium (e.g., on the Website, on a social network, as part of a newsletter, in a brochure, etc.).

Accordingly, the Customer undertakes to provide truthful and relevant information in their review.

Furthermore, the content of the review must not:

• be contrary to these General Terms and Conditions of Sale or to the laws and regulations in force; 
• be contrary to public order and accepted standards of decency, including, without this list being exhaustive, being violent, hateful, insulting, disparaging, defamatory, or vulgar; 
• infringe an intellectual property right, a personality right, or any other right held by Espoir Photos or a third party;
• be inappropriate toward another review or its author;
• contain personal and/or sensitive information;
• contain hyperlinks;
• have a promotional or advertising nature with regard to a third-party website, third-party company, or third-party products and/or services; 
• contain computer viruses, spyware, malware, or any other threat to Espoir Photos and its information and communication systems, where applicable. 

9.2 Moderation of reviews on the Website

Espoir Photos carries out prior moderation in advance of reviews. This means that reviews are first reviewed and approved by Espoir Photos before being posted online on the Website. 

Moderation is carried out indiscriminately on all reviews, regardless of their content or author. Accordingly, Espoirs Photos reserves the right to reject any review at its sole discretion, without having to notify the Customer or provide reasons.  

Once the review has been published on the Website, the Customer cannot modify it.

10. NO RIGHT OF WITHDRAWAL 

In accordance with the statutory provisions in force, the Customer has no right of withdrawal in connection with the order for the Products, since they have been made according to the Customer’s specifications or are clearly personalized (Article L. 221-28, 3° of the French Consumer Code). 

11. WARRANTIES

The Products comply with the regulations in force in France and with the order placed by the Customer. 

The Products are covered automatically and at no additional cost, in accordance with the statutory provisions:

• the statutory guarantee of conformity for Products that are apparently defective, damaged, or broken, or that do not correspond to the order, under the conditions set out in Articles L. 211-4 et seq. of the French Consumer Code;
• the statutory guarantee against hidden defects arising from a defect in materials, design, or manufacture affecting the delivered Products and rendering them unfit for use under the conditions set out in Articles 1641 et seq. of the French Civil Code.

As the seller, Espoir Photos is bound by these statutory guarantees.

11.1 Statutory grounds

11.1.1 Legal guarantee of conformity 

Article L. 217-4 of the French Consumer Code: “ The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility. »

Article L. 217-5 of the French Consumer Code: “ To conform to the contract, the goods must: 

• be fit for the use usually expected of similar goods and, where applicable: 
• correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
• have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
• or have the characteristics defined by mutual agreement between the parties, or be suitable for any specific use sought by the buyer, brought to the seller's attention and accepted by the latter.”

Article L. 217-12 of the French Consumer Code: “ An action based on a lack of conformity is time-barred two years from delivery of the goods. »

Article L. 217-16 of the French Consumer Code: “ When the buyer requests the seller, during the term of the commercial guarantee granted upon the purchase or repair of movable property, a repair covered by the guarantee, any period of unavailability of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for service or from the date on which the property in question is made available for repair, if that date is later than the request for service. »

11.1.2 Legal guarantee against latent defects

Article 1641 of the French Civil Code: “ The seller is bound by a guarantee for latent defects in the item sold that render it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have purchased it, or would have paid only a lower price for it, had they known of them. »

Article 1648, paragraph 1er of the French Civil Code: “ An action based on redhibitory defects must be brought by the purchaser within two years from discovery of the defect ».

11.2 Implementation of the legal guarantees 

To exercise their rights, the Customer must notify Espoir Photos in writing: 

• or by email: jcms@espoir-photos.com ; 
• either by mail: Espoir Photos, 17 BIS avenue du Président Vincent Auriol, 33700 Mérignac (France).

of the lack of conformity of the Products or discovery of hidden defects within the periods referred to above and return the defective Products in the condition in which they were received, together with all components (accessories, packaging, instructions, etc.). Espoir Photos will refund or replace Products covered by the warranty that are deemed non-conforming or defective.

Shipping costs will be refunded based on the amount charged, and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-conforming or defective will be made as soon as possible and no later than fourteen (14) business days following Espoir Photos’s determination of the lack of conformity or hidden defect. Espoir Photos will issue the refund using the same payment method as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method; in any event, this refund will not incur any costs for the Customer. 

Espoir Photos shall not be held liable in the following cases: 

• failure to comply with the legislation of the country to which the Products are delivered, which the Customer is responsible for verifying; 
• in the event of improper use of the Product, use of the Product for professional purposes, negligence or lack of maintenance by the Customer, as well as in the event of normal wear and tear of the Product, an accident or force majeure.

In any event, Espoir Photos’s warranty is limited to the replacement or refund of Products that do not conform or are affected by a defect, under the conditions provided for by the applicable legal provisions.

 12. LIABILITY

Espoir Photos shall under no circumstances be held liable for any failure to perform or improper performance of its contractual obligations attributable to the Customer, particularly when entering their order, or if the failure to perform or delay in performing any of its obligations results from force majeure within the meaning of Article 1218 of the Civil Code.

13. CLAIMS

Espoir Photos provides the Customer with a “Customer Service” accessible by email at the following address: jcms@espoir-photos.com.

14. INTELLECTUAL PROPERTY

The Products, the Site, and all the elements comprising them (including trademarks, logos, photographs, programs, source code, object code, data, databases, still or animated images, sounds, drawings, graphics, videos, texts, layout, appearance, structure, and any other element not relating to hyperlinks to third-party sites) are the property of Espoirs Photos or are subject to a license granted to it by the holder of the relevant intellectual property rights. 

All these elements are subject to the applicable French and international intellectual property laws and regulations, particularly the French Intellectual Property Code, and are therefore protected against any use not authorized by law or these General Terms and Conditions, failing which legal proceedings may be brought. 

Espoir Photos grants the Customer and other visitors, on a personal, non-exclusive, and royalty-free basis, the right to view and use the Site for their own purposes and strictly within the scope of the operations authorized under these General Terms and Conditions. 

Subject to the rights of use granted to the Customer and other visitors by Espoir Photos, use of the Site and, where applicable, the ordering of Products does not grant any license or transfer of rights relating to these elements. In particular, any copying, reproduction, representation, adaptation, modification, or full or partial distribution of the Products or the Site (or any part of its content), by any process or on any medium, is unlawful.

Failure to comply with these provisions, particularly for commercial exploitation purposes, may result in legal proceedings based on an action for trademark or copyright infringement and/or unfair competition and/or parasitism brought by the holders of the rights concerned. This is without prejudice to Espoir Photos’ other rights, including the right to obtain compensation for the losses suffered.

15. UNFORESEEABILITY

In the event of a change in circumstances that was unforeseeable at the time of the order, in accordance with Article 1195 of the French Civil Code, the party that did not agree to bear the risk of excessively onerous performance may request that its contracting party renegotiate the contract.

16. VALIDITY OF THE GENERAL TERMS AND CONDITIONS

Any amendment to the applicable law or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions as a whole. Under no circumstances shall such an amendment or decision authorize the Customer to disregard the valid provisions of these General Terms and Conditions.

These General Terms and Conditions of Sale, together with the order acknowledgment, form a contractual whole and constitute the entirety of the contractual relationship between the parties. 

17. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale are precisely dated and may be amended and updated by Espoir Photos at any time, particularly in the event of changes to the Site. 

The applicable General Terms and Conditions of Sale are those available on the Site and accepted by the Customer at the time of placing the order.

This version of the General Terms and Conditions of Sale supersedes all previous versions.

18. AGREEMENT ON EVIDENCE

Unless proven otherwise, the data recorded in Espoir Photos’ computer system constitute evidence of all transactions concluded with the Customer.

By accepting the General Terms and Conditions of Sale, the Customer undertakes not to dispute the evidentiary value of documents produced online, particularly the contract and invoice, on the grounds of their electronic nature. 

The Customer’s acceptance of these General Terms and Conditions of Sale results in the conclusion of an agreement on evidence within the meaning of Article 1368 of the French Civil Code.

19. TERMINATION OF THE SITE 

Espoir Photos reserves the right to temporarily or permanently suspend access to all or part of the Site, particularly in the event of discontinuation of the activity related to making the Site available or in the event of insolvency proceedings.

20. ASSIGNMENT 

Subject to applicable law, the Customer consents to these General Terms and Conditions of Sale binding the Customer to Espoir Photos being assigned, transferred or contributed in any manner whatsoever. In the event of the transfer of the company to a third party, these General Terms and Conditions of Sale binding the Customer to Espoir Photos shall automatically be transferred to the assignee.

21. APPLICABLE LAW / JURISDICTION

These General Terms and Conditions of Sale and the transactions arising from them are governed, interpreted and applied in accordance with French law.

In the event of a dispute relating to their interpretation or performance, Espoir Photos and the Customer shall, before taking legal action, seek an amicable agreement and shall provide each other with all the information necessary for this purpose. 

The Customer is informed of the possibility, in the event of a dispute, of using a conventional mediation procedure or any other alternative dispute resolution method. The Customer may also submit any complaints on the dispute resolution platform made available online by the European Commission at the following address: https://ec.europa.eu/consumers/odr/The European Commission will forward the Customer’s complaint to the notified competent national mediators. 

If no amicable agreement is reached between Espoir Photos and the Customer within two (2) months from notification of the dispute to the other party, the parties may refer the matter to the competent court.