Terms and conditions

Icedmoment.com is legally based in France. The legal terms and conditions applicable for this service are hence the french version of these Terms and conditions,

Online photographs general terms and conditions of sale

Last updated on the 01/02/2023

Article 1 – Object

Those general terms and conditions of sale rule the Innovaxiom Company’s sales, a simplified shares’ company. The Company’s common stock amounts to EUR 41,000. INNOVAXIOM’s head office is registered at 97, boulevard Saint-Michel 75005 PARIS, FRANCE. Its RCS matriculations number is 498 724 079. INNOVAXIOM’s website www.icedmoment.com is aimed to sell photographs for both a personal and professional use.

Article 2 – Prices

Our products’ prices are indicated in Euros, all taxes included (VAT and other applicable taxes enforced the day of the order), unless contrary indication, export and processing fees excluded.

If ordering from a different country from Metropolitan France the customer is deemed the importer of the related products. Customs rights or any other local tax or import right or estate taxes might be due. Those rights and amounts are not under the responsibility of INNOVAXIOM but the purchasers. It is entirely the customer’s responsibility to make all payments and tax declarations to local authorities and relevant bodies in the customer’s country.

All orders, whatever their nature might be, are due in Euros.

INNOVAXIOM Company reserves the right to change its prices at any time, but the product will be charged on the basis of the current rate when the order is validated and depending on availabilities.

The products remain INNOVAXIOM’s propriety until payment is made in full.

As soon as the customer physically takes possession of the ordered products, the risk of loss or the risk of damages of the products are transferred to the customer.

Article 3 – Products

Commercialized products from www.icedmoment.com are photographs delivered in the JPEG format and bear a copyright label: “ Photo © Laurence Honnorat/Innovaxiom”.

The customer acknowledges the pictures representing the photographs from www.icedmoment.com only have an indicative value; slight colour variations might occur from displayed on screen to the physical product.

Article 4 – Orders – Orders Validation

Pieces of contractual information are presented in French and will be subjected to submission before the order is validated.

INNOVAXIOM Company reserves the right of not registering a payment and not to confirm an order for whatever reason, especially if the product is sold out or if a difficulty is encountered.

Any order on www.icedmoment.com requires a total agreement with these general terms and conditions of sale. Any order validation implicates a total agreement with the general terms and conditions of sale, with no exception or reserved right. All data and validation record supplied will provide proof of the transaction. The customer declares being fully aware of this entire document.

The order’s confirmation will act as signature and agreement of the effectuated operations.

An order overview and a copy of the general terms and conditions of sale will be provided in a PDF format via the email address provided during the order.

Article 5 – Payment

Every photograph is sold at the unit rate of 300 EUR , excluding tax, and EUR 360 tax included for a single destination or a unique use platform.

The act of validating an order implies the obligation to pay for the indicated price. The purchases are settled via www.paypal.fr.

The credit card’s debit will not proceed until the order is shipped.

The invoice of the customer’s acquisition will be sent at the email address provided during the order.

Article 6 – Cancellation

In accordance with the legal dispositions of the Article L. 121-21 of the Custom Act, the customer is given a period of 14 days to retract, from the day the product is received without having to provide a motivation nor paying any penalty. The customer can use his or her right to retract by clicking on this link: https://www.service-public.fr/particuliers/vosdroits/R38397.

In case of retracting, INNOVAXIOM Company will proceed the refund of the transaction in the next 14 days following the order, via the same means of payment used by the customer.

The right to retract will not apply in the cases predicted by the Article L.121-21-8 of the Custom Act.

Article 7 – Availability

Our products are available as long as they are on our website.

Article 8 – Delivery

Our products are delivered by being downloaded on the website.

Article 9 – Guaranty

All our products benefit from a legal warranty of conformity and hidden defects guarantee, provided by the articles 1641 of the Civil Right Act. In case of non-conformity, the sold product might be returned, exchanged or refunded.

All claims, exchange demands or refunding requests must be held by registered letter with acknowledgement of receipt, in the 30 days following the delivery.

Article 10 – Responsibility

All products are placed under the current French legal system. The INNOVAXIOM Company will not open up the possibility of extensive liability if there is a non-respect of the local legislation, where the product is delivered. It is up to the company to check with the customer’s local authority import possibilities or use of the products or services ordered.

The responsibility of INNOVAXIOM Company shall bear no liability for any inconvenience or damages due to an Internet Network, especially if an Internet interruption is experienced, or an external intrusion or a computer virus are implicated in a bug.

Article 11 – Applicable Right – Dispute

This contract’s disclosures are meant to be applied as its French version prescribes. These general terms and conditions of sale are submitted to French law. In case of a dispute between two parties due to the application, the interpretation or the execution of this contract, unless an amicable agreement is reached, the most diligent party will exclusively be able to carry out a legal decision to address the competent judge.

Any unauthorized use of photos online on the www.icedmoment.com site will be billed for an amount corresponding to twice the current rate.

Article 12 – Legal and Intellectual property resources

All the elements from www.icedmoment.com http://www.icedmoment.com/ are and remain the intellectual property of INNOVAXIOM Company. Reproduction, exploitation, rebroadcasting or any use by any mean, even partially, of the elements of the website – any software, visual, audio – are strictly prohibited. The use of any simple or hyperlink is strictly forbidden without a proper written agreement signed by INNOVAXIOM Company.

Article 13 – Personal data

INNOVAXIOM Company reserves the right to collect nominative and personal data related to the customer. These data are necessary to manage the customers’ delivery and enhance our services and information we aim at our customers.

These data can also be transferred to companies, which contribute to those relationships. Service execution or delivery companies might be solicited to raise the quality of the fulfilment of managing, execution, treatment and payment.

These information and data are also conserved for security reasons, in order to respect the French legal and regulatory obligations.

Following the Act of the 6th January, 1978, customers have the right to dispose of these data on the website to rework it, and oppose nominative information and personal data registered about them.

Article 14 – Archiving – Proof

INNOVAXIOM Company will archive purchase orders and invoices on a reliable and durable platform, constituting an accurate copy following the Article 1348 of the Civil Right law. Numerical registrations of INNOVAXIOM Company will be considered as proof of communication, order, payments and transactions carried out by the two parties.