General Terms and Conditions of Sale 

Last updated: November 2025

1. PURPOSE

The website www.espoir-photos.com (hereinafter the “ Site ”) is published by DESCAMPS Mireille, sole proprietor, operating under the trade name “Espoir Photos” (hereinafter “ Espoir Photos »).

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

These general terms and conditions of sale (hereinafter “ GTC ”) govern the relationship between Espoir Photos and any person placing an order on the Site (hereinafter “ Client »). 

Access to and use of the Site constitutes full and unconditional acceptance of these GTC. At the time of their order, 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 force majeure events, possible outages, or any maintenance operations 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 device with an internet connection, whose settings allow the Site to function properly.

In general, the Client declares that they are aware of the risks associated with browsing websites. The Client specifically acknowledges that the 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 themselves against the effects of potential cyberattacks, 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 that they use the Site and the content published there at their own exclusive risk. 

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

• any malfunction or contamination of the device used by the Client during or after browsing the Site, inability to access or poor usage conditions attributable to the device, internet service provider, internet network congestion, or any other reason beyond Espoir Photos’ control;
• electronic or telephone communication costs incurred by using the device, which are the sole responsibility of the Client and will not be borne by Espoir Photos;
• any temporary or permanent interruption 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 Espoir Photos’ control;
• any consequence that may arise from the content of third-party websites linked to by hyperlinks that may be present on the Site;
• any damage suffered by the Client 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 Products 

The Site offers the following Products for sale: 

• photographs that 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 Client. 

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

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

3.2 Conditions of access to Products

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

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

4. PRICE 

Products are supplied at the prices in effect shown on the Site at the time the Client confirms the order. 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 confirmation. 

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

Espoir Photos’ supplier prices are subject to change. Consequently, the prices shown 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 an 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 required information, their request to create a client account cannot be processed by Espoir Photos.

The Client guarantees the truthfulness and accuracy of the information provided when creating 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 is created, 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 meets Espoir Photos’ security requirements, composed of alphanumeric characters, including at least twelve (12) characters, with three (3) special characters (uppercase letters, lowercase letters, numbers, and special characters).

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 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 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, within the limits of 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 codes related to the delivery address or any special characteristics 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 contents of their order (including quantity, 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 validating 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” because 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 stored 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 at the time the Client validates the order. Promotional codes must be entered before order validation. No discount related to a promotional code, credit, 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 have all necessary 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 will be redirected to a secure payment provider’s website and must provide the cardholder’s name, card number, expiration date, and verification code on that site.

After payment, the Client receives an order confirmation email, which serves as confirmation that Espoir Photos has successfully 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 confirmation email sent by Espoir Photos to the Client constitutes 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 timeframes displayed at the time of the order, which may depend on the number of ongoing orders. However, these timeframes are provided for information only and, given the uncertainties related to the number of ongoing orders, 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 physically unable to access the delivery address, the order may be returned, without giving the Client any right to compensation.

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 eligible 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 posted 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:

• be publicly posted 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 indexing where applicable;
• 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, in a brochure, etc.).

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

Furthermore, the content of the review must not:

• be contrary to these Terms and Conditions or to applicable laws and regulations; 
• be contrary to public order and good morals, including, without limitation, being violent, hateful, insulting, disparaging, defamatory, vulgar; 
• infringe on intellectual property rights, personality rights, or any other rights 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, 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, if applicable. 

9.2 Moderation of reviews on the Site

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

Moderation is carried out indiscriminately on all reviews, regardless of their content or author. As such, Espoirs Photos reserves the right to reject any review at its discretion, without having to inform the Customer or justify the decision.  

Once the review is published on the Site, the Customer cannot 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. WARRANTIES

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:

• the legal warranty of conformity for Products that are apparently defective, damaged, or do not match the order under the conditions provided in articles L. 211-4 and following of the Consumer Code;
• the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered Products and rendering 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 warranties.

11.1 Textual foundations

11.1.1 Legal warranty of conformity 

Article L. 217-4 of the Consumer Code: " The seller is required to deliver goods that conform to the contract and is liable for any non-conformities existing at the time of delivery. They are also responsible for non-conformities resulting from packaging, assembly instructions, or installation when these have been assigned to them by the contract or carried out under their responsibility.. »

Article L. 217-5 of the Consumer Code: " To be compliant with the contract, the good must: 

• be suitable for the usual use expected of a similar good and, if 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter."

Article L. 217-12 of the Consumer Code: " The action resulting from the defect of conformity expires after two years from the delivery of the good. »

Article L. 217-16 of the Consumer Code: " When the buyer requests the seller, during the commercial warranty granted at the time of acquisition or repair of a movable good, for a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period starts 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 guarantee against hidden defects

Article 1641 of the Civil Code: " The seller is liable for hidden defects of the sold item that make it unfit for the intended use, or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price, if they had known about them. »

Article 1648, paragraph 11st 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 guarantees 

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 components (accessories, packaging, manual, etc.). Espoir Photos will refund or replace Products under warranty deemed non-compliant or defective.

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

Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) business days. following Espoir Photos' verification of the non-compliance or hidden defect. Espoir Photos will proceed with the refund using the same payment method 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. 

Espoir Photos' liability cannot be engaged in the following cases: 

• non-compliance with the legislation of the country where 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 by the Client, as well as in cases of normal wear and tear, accident, or force majeure.

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

 12. LIABILITY

Espoir Photos' liability cannot be engaged under any circumstances in case 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 performing any of their obligations results from a force majeure event as defined in 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 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 Espoir Photos or are licensed to it by any intellectual property rights holder. 

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

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 Terms and Conditions. 

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 grant 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 and on any medium is unlawful.

Failure to comply with these provisions, particularly for commercial exploitation purposes, may result in 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 seek compensation for damages suffered.

15. UNFORESEEABILITY

In the event of unforeseeable changes in circumstances during 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 with its contracting party.

16. VALIDITY OF THE TERMS AND CONDITIONS

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

These Terms and Conditions, along with the order acknowledgment, form a contractual whole and constitute the entirety of the contractual relations between the parties. 

17. MODIFICATION OF TERMS AND CONDITIONS

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

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

This version of the Terms and Conditions 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 Terms and Conditions, the Client undertakes not to contest the evidential value of the documents produced online, particularly the contract and the invoice, based on their electronic nature. 

The Client's acceptance of these Terms and Conditions 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 insolvency proceedings.

20. ASSIGNMENT 

Subject to applicable law, the Client agrees that these Terms and Conditions binding them to Espoir Photos may be assigned, transferred, or contributed in any way. In the event of the company's transfer to a third party, these Terms and Conditions binding the Client to Espoir Photos will be automatically transferred to the assignee.

21. APPLICABLE LAW / JURISDICTION

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

In case of a dispute regarding their interpretation or execution, Espoir Photos and the Client will seek, before any legal action, an amicable agreement and will communicate 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.