General Terms and Conditions of Sale 

Last update: November 2025

1. PURPOSE

The website www.espoir-photos.com (hereinafter the « Website ») is published by Mrs. M. SAOUNDE, sole proprietor, operating under the trade name « Espoir Photos » (hereinafter « Espoir Photos »).

The Site offers for sale photographs that are original works with fully customized prints, a personalized photo-poem book, as well as customized derivative products (hereinafter collectively the « Products »). 

These general terms and conditions of sale (hereinafter " Terms and Conditions ") govern the relationship between Espoir Photos and any person placing an order on the Site (hereinafter " Customer »). 

Access to and use of the Site constitutes full and complete acceptance of these GTC. At the time of ordering, the Client is invited to expressly accept these GTC via a dedicated checkbox. If the Client refuses, in whole or in part, any of the provisions of these GTC, they are asked not to use the Site. 

These GTC are accessible at any time on the Site and will prevail, if applicable, over any other version or contradictory document.

In case of questions regarding these GTC or the Products, the Client can directly contact Espoir Photos by sending an email to the following address: jcms@espoir-photos.com.   

2. ACCESS TO THE SITE

Access to the Site is technically possible twenty-four (24) hours a day, seven (7) days a week, subject to the occurrence of force majeure, possible outages, or any maintenance operation necessary for the proper functioning of the Site.

In any case, the Client acknowledges having the skills and means necessary to access and use the Site. To this end, the Client must have a computer, mobile phone, or any other terminal with an internet connection, whose settings allow the Site to function properly.

In general, the Client declares to be aware of the risks related to browsing websites. The Client specifically acknowledges that information transmitted may be intercepted or altered independently of Espoir Photos' will.

As such, it is strongly recommended that the Client take all necessary precautions to protect against the effects of potential computer hacking, notably by adopting a secure and appropriate computer configuration.

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

In any case, Espoir Photos cannot be held responsible for direct or indirect damages that may result: 

• any malfunction or contamination of the terminal used by the Client during or after browsing the Site, any inability to access or poor usage conditions attributable to the terminal, the internet service provider, internet network congestion, or any other reason outside the control of Espoir Photos;
• electronic or telephone communication charges incurred by the use of the terminal and which are the sole responsibility of the Client and will not be borne by Espoir Photos;
• any interruption, temporary or permanent, of all or part of the Site's functionalities, notably in case of technical incident, maintenance, modification or update of the Site and, more generally, in case of an event beyond the control of Espoir Photos;
• any consequence that may arise from the content of third-party websites to which hyperlinks present on the Site may refer;
• any damage suffered by the Customer or a third party resulting from use of the Site not in accordance with these GTC.

3. PRODUCTS OFFERED FOR ORDER ON THE SITE 

3.1 Description of the Products 

The Site offers the following Products for sale: 

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

These Products are only made to order according to the specifications chosen by the Customer. 

The main characteristics of the Products are provided on the Site, in accordance with article L. 111-1 of the Consumer Code. The Customer is required to take note of them before placing any order. 

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of Espoir Photos.

3.2 Conditions of access to the Products

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

• be of legal age; 
• have the capacity and the required quality to place an order;  
• comply with these GTC, as well as with the laws and regulations in force.  

4. PRICE 

The Products are provided at the prices in effect shown on the Site at the time the order is validated by the Customer. The prices indicated on the Site are valid, except in the case of gross error.

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

The price of each Product does not include transport and delivery fees, which are charged additionally under the conditions indicated on the Site and calculated prior to the Client's final order validation. 

The payment requested from the Client corresponds to the total purchase amount, including transport and delivery fees. The price indicated in the acknowledgment of receipt issued by Espoir Photos at the end of the order is the final price and includes transport and delivery fees.

The prices of Espoir Photos' suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the case of special offers or sales.

5. ACCOUNT CREATION ON THE SITE

5.1 Conditions for creating the account

As part of their order on the Site, the Client has the option to create a client account. To create their client account, the Client must fill in the mandatory fields of the client account creation form on the Site. Mandatory fields are indicated by an asterisk. If the Client refuses to provide the requested mandatory information, their client account creation request cannot be processed by Espoir Photos.

The Client guarantees the truthfulness and accuracy of the information provided during the creation of their client account. To learn more about the use of their personal data by Espoir Photos, the Client is invited to consult the privacy policy. 

Once the client account creation is completed, a validation email is sent to the email address provided by the Client.

5.2 Security of login credentials and passwords

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

The login credentials are personal, confidential, and non-transferable to third parties. The Client must ensure their confidentiality and security. The Client must promptly request a password reset on the Site in case of loss, forgetfulness, and/or theft. Espoir Photos cannot be held responsible for any use of the client account by a third party who has accessed the Client's login credentials, regardless of the cause.

Espoir Photos reserves the right, at any time and subject to informing the Client, to modify or delete the login credentials if they are considered illegal, offensive, threatening, defamatory, obscene, or if they infringe on the intellectual property rights of third parties, or these Terms and Conditions. 

6. ORDER

6.1. Product Selection 

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

Once the Product is selected, it is placed in the Customer's cart. The Customer can add as many Products as they wish to their cart, subject to available stock.

In case of unavailability of a Product after the Customer has confirmed the order, Espoir Photos may offer the Customer an equivalent Product as a replacement, a refund, or a credit, notably by contacting the Customer by email or phone.

At any time during their Product selection, the Customer may:

• view the details of their order from the summary panel of their cart; 
• continue selecting Products by continuing to browse the Site; 
• remove selected Products from their order; 
• complete their selection and order the selected Products. 

It is the Customer's responsibility to verify the accuracy of the order and the information provided and to immediately report or correct any errors in the order before formally accepting these GTC and clicking the "Continue to payment" button. 

6.2 Login

Once the Customer has clicked the "Proceed to payment" button, they can authenticate if they have already created a customer account on the Site, create a customer account according to the terms specified in article 5 of these GTC, 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 necessary information to process and deliver the order. Mandatory fields are indicated by an asterisk. The Customer must enter all delivery-related information, particularly the exact delivery address, as well as any access code related to the delivery address or any special characteristic allowing delivery by the carrier (access code, floor, etc.). Espoir Photos cannot be held responsible in case of delivery failure due to incorrect or incomplete information provided by the Customer. 

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

The Customer is then invited to verify the content of their order (including quantity, its characteristics, delivery address, payment method, and price), as well as the delivery time according to the chosen delivery method, before confirming their order. At this stage, the Customer can still correct any errors before confirming their order.

After validating the contents of their order, the Client clicks the "Validate order and pay" button. The order validation includes the term "pay" as it entails an obligation to pay for the ordered Products.

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

7. ORDER

7.1 Payment method

On the payment page, the Client is invited to choose the payment method they wish to use from those offered on the Site. The Client can then proceed with payment for the Products by following the instructions on the Site. 

The price is payable in full, in cash, at the time the Client validates the order. Promotional codes must be entered before order validation. No discount related to a promotional code, credit note, or voucher not mentioned during the online order is possible. 

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

The Client guarantees to Espoir Photos that they hold all required authorizations to use the chosen payment method. Espoir Photos takes all necessary measures to ensure the security and confidentiality of data transmitted online during payment on the Site. 

If the Client chooses to pay by credit card, they are redirected to the site of a secure payment provider and must provide on that site the cardholder's identity, card number, expiration date, and verification code.

After payment, the Client receives an order confirmation email, which constitutes confirmation that Espoir Photos has properly received the order. If this email is not received, the Client must contact Espoir Photos using the contact details provided at the beginning of these terms and on the Site.  

Once confirmed by this email, the order cannot be modified or canceled by the Client. 

7.2 Invoice 

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

8. DELIVERIES

The order is delivered to the delivery address provided by the Client at the time of the order. 

Espoir Photos and the carrier make every effort to deliver the Products within the deadlines displayed at the time of the order, which may depend on the number of orders in progress. However, these deadlines are given for information only and, given the uncertainties related to the number of orders in progress, traffic, or weather conditions, may be exceeded. Exceeding the delivery time indicated to the Client at the time of the order does not entitle the Client to any compensation.

In case of the Client's absence at the delivery address at the time of delivery, or if the delivery person is materially unable to access the delivery address, the order may be returned, without this giving rise to any compensation for the Client.

9. REVIEWS ON THE ORDER

9.1 Posting reviews on the Site

At the end of their order, the Client will receive a satisfaction email to collect their review. Thus, only Clients who have placed an order on the Site are likely to give their review.

If the Client wishes to give their review, they must click on the link in the satisfaction email. They will then be automatically redirected to a form allowing them to give their review. The Client must not disclose their full identity or any other personal information in their review. Otherwise, the Client understands and agrees that their personal information will be publicly broadcast on the Site.

The posting of a review is done on the Site as soon as possible, subject to moderation operations carried out by Espoir Photos.

By posting a review on the Site, the Client understands and agrees:

• that it be publicly broadcast on the Site and accessible to all visitors of the Site (Clients or not), as well as to internet users outside the Site via search engine referencing where applicable;
• that it be used by Espoirs for promotional purposes, by any means and on any medium (e.g., on the Site, on a social network, as part of a newsletter, on a brochure, etc.).

In this respect, the Client undertakes to provide truthful and relevant information in their review.

Furthermore, the content of the review must not:

• be contrary to these GTC or to the laws and regulations in force; 
• be contrary to public order and good morals, including, without this list being exhaustive, that it is violent, hateful, insulting, disparaging, defamatory, vulgar; 
• infringe on an intellectual property right, a personality right, or any other right held by Espoir Photos or a third party;
• be inappropriate towards another review or its author;
• contain personal and/or sensitive information;
• contain hyperlinks;
• have a promotional or advertising nature towards a third-party website, a 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 as applicable. 

9.2 Moderation of reviews on the Site

Espoir Photos carries out moderation a priori of reviews. This means that reviews are first reviewed and validated by Espoir Photos before being posted on the Site. 

Moderation is carried out indiscriminately on all reviews, regardless of their content and author. In this respect, Espoir Photos reserves the right to reject any review at its discretion, without having to inform the Customer or justify it.  

Once the review is published on the Site, the Customer does not have the possibility to modify it.

10. NO RIGHT OF WITHDRAWAL 

In accordance with the legal provisions in force, the Customer has no right of withdrawal related to the order of Products, once they have been made according to the Customer's specifications or are clearly personalized (art. L. 221-28, 3° of the Consumer Code). 

11. GUARANTEES

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

The Products benefit automatically and without additional payment, in accordance with legal provisions:

• of the legal guarantee of conformity for Products that are apparently defective, damaged, or do not correspond to the order under the conditions provided in articles L. 211-4 and following of the Consumer Code;
• of the legal guarantee against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered Products and making them unfit for use under the conditions provided in articles 1641 and following of the Civil Code.

As a seller, Espoir Photos is bound by these legal guarantees.

11.1 Textual foundations

11.1.1 Legal warranty of conformity 

Article L. 217-4 of the consumer code: " The seller is bound to deliver a good in conformity with the contract and is liable for conformity defects existing at the time of delivery. He is also liable for conformity defects resulting from packaging, assembly instructions, or installation when this has been charged to him by the contract or carried out under his responsibility. »

Article L. 217-5 of the consumer code: " To be in conformity with the contract, the good must: 

• be suitable for the usual use expected of a similar good 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 can legitimately expect in view of public statements made by the seller, the producer, or their representative, notably in advertising or labeling
• or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter."

Article L. 217-12 of the consumer code: " The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. »

Article L. 217-16 of the consumer code: " When the buyer requests the seller, during the course of the commercial warranty granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the availability of the item for repair, if this availability is after the intervention request. »

11.1.2 Legal warranty against hidden defects

Article 1641 of the civil code: " The seller is bound by the warranty for hidden defects of the sold item which make it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lower price, if they had known of them. »

Article 1648, paragraph 1to of the civil code: " The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect ».

11.2 Implementation of legal warranties 

To assert their rights, the Client must inform 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 non-compliance of the Products or the discovery of hidden defects within the above-mentioned deadlines and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions, etc.). Espoir Photos will refund or replace the Products under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the charged rate and return costs will be refunded upon presentation of receipts.

The refund of Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) business days following the finding by Espoir Photos of the non-conformity or hidden defect. Espoir Photos will proceed with the refund using the same payment method that the Client used for the initial transaction, unless the Client expressly agrees to a different method; in any case, this refund will not incur any fees for the Client. 

The liability of Espoir Photos cannot be engaged in the following cases: 

• non-compliance with the legislation of the country in which the Products are delivered, which the Client is responsible for verifying; 
• in case of misuse of the Product, use of the Product for professional purposes, negligence or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.

Espoir Photos' warranty is, in any case, limited to the replacement or refund of Products that are non-compliant or affected by a defect under the conditions provided by the applicable legal provisions.

 12. LIABILITY

The liability of Espoir Photos cannot under any circumstances be engaged in the event of non-performance or poor performance of contractual obligations attributable to the Client, particularly during the entry of their order, or if the non-performance or delay in the performance of any of their obligations results from a force majeure event within the meaning of article 1218 of the Civil Code.

13. CLAIMS

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

14. INTELLECTUAL PROPERTY

The Products, the Site, as well as all the elements composing it (notably trademarks, logos, photographs, programs, source codes, object codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos, texts, layout, appearance, structure, as well as any other element not related to hyperlinks to third-party sites) are the property of Espoirs Photos or are subject to a license granted to it by any intellectual property rights holder. 

All these elements are subject to the provisions of applicable French and international intellectual property regulations, notably the Intellectual Property Code, and are therefore protected against any unauthorized use by law or these GTC under penalty – in case of breach – of legal proceedings. 

Espoir Photos grants the Client and other visitors a personal, non-exclusive, and free right to consult and use the Site for their own use and strictly within the scope of the operations authorized under these GTC. 

Subject to the usage rights granted to the Client and other visitors by Espoir Photos, the use of the Site and the order of Products, if applicable, do not entail any license or transfer of rights related to these elements. In particular, any copying, reproduction, representation, adaptation, modification, full or partial distribution of the Products or the Site (as well as all or part of its content) by any means whatsoever and on any medium whatsoever is unlawful.

Failure to comply with these provisions, particularly for commercial exploitation purposes, may be subject to legal action based on infringement and/or unfair competition and/or parasitism by the rights holders concerned. This is without prejudice to other rights of Espoir Photos, including the right to obtain compensation for damages suffered.

15. UNFORESEEABILITY

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

16. VALIDITY OF THE GTC

Any modification of the applicable law or any decision by a competent court invalidating one or more clauses of these GTC shall not affect the validity of the entirety of these GTC. Such modification or decision does not in any case authorize the Client to disregard the valid provisions of these GTC.

These GTC, together with the order acknowledgment, form a contractual whole and constitute the entirety of the contractual relations between the parties. 

17. MODIFICATION OF THE GTC

These GTC are precisely dated and may be modified and updated by Espoir Photos at any time, notably in case of Site evolution. 

The applicable GTC are those available on the Site and accepted by the Client at the time of their order.

This version of the GTC replaces all previous versions.

18. PROOF AGREEMENT

Unless proven otherwise, the data recorded in Espoir Photos' computer system constitute proof of all transactions concluded with the Client.

By accepting the GTC, the Client undertakes not to contest the evidential value of the documents produced online, in particular the contract and the invoice, on the basis of their electronic nature. 

The Client's acceptance of these GTC results in the conclusion of a proof agreement within the meaning of article 1368 of the Civil Code.

19. SITE CESSATION 

Espoir Photos reserves the right to temporarily or permanently suspend access to all or part of the Site, notably in case of cessation of the activity related to the provision of the Site or in case of collective proceedings.

20. ASSIGNMENT 

Subject to applicable law, the Client consents that these GTC binding them to Espoir Photos may be assigned, transferred, or contributed in any way. In the context of the transfer of the company to a third party, these GTC binding the Client to Espoir Photos will be automatically transferred to the assignee.

21. APPLICABLE LAW / JURISDICTION

These GTC and the operations arising from them are governed, interpreted, and applied in accordance with French law.

In the event of a dispute relating to their interpretation or execution, Espoir Photos and the Client will seek, before any contentious action, an amicable agreement and will communicate to each other all necessary information for this purpose. 

The Client is informed of the possibility to resort, in case of dispute, to a conventional mediation procedure or any other alternative dispute resolution method. The Client may also submit any claims 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 Client's complaint to the notified competent national mediators. 

Failing an amicable agreement between Espoir Photos and the Client within two (2) months from the notification of the dispute to the other party, the parties may refer the matter to the competent jurisdiction.