1. General Information
Website Editor: Photoweb SAS
RCS Grenoble Number: 428 083 703
Intra-community VAT Number: FR0E428083703
Capital : 40 000€
Headquarters: : 40 000€
Siège social : ZAC Vence Ecoparc 1, rue des Platanes 38120 ST-Egreve
Publishing Director: Laurent NUSSE
Hosting provider: Photoweb SAS – France
2. Registration Conditions
Registration to the Joomeo Website requires acceptance on sharing information such as your name and email address. Additional information may be requested throughout the use of the Joomeo Website. The User must agree to provide Photoweb with accurate and recent information at all our requests.
The Services may involve communications from of Photoweb, such as messages on the functioning and the evolution of the Services as well as promotional communications.
The orders placed with the Joomeo Website are divided into two distinct categories of offers: User Content Hosting Services, and Printing Service offers.
Each of these categories of offers have their own characteristics and are subject to specific rules described in these Terms and Conditions; their order process, described hereinafter, is nevertheless the same. During the order process, an order confirmation (Invoice details) will appear on-screen, summarizing:
• The essential features of the service ordered;
• If appropriate, the terms of delivery;
• Prices are inclusive of all taxes (including VAT), and payment terms;
In accordance with Article L. 121-19-3 of the French Consumer Code, the User will be invited to acknowledge their obligation to pay at the time of placing their order.
Placing an order requires the User to have a well-functioning electronic mailbox allowing to send and receives emails, without which the User will not be able to order. The contractual information will be confirmed in the form of an electronic order confirmation detailing all the aforementioned contractual information.
As of this moment, the order is recorded and rendered irrevocable.
Electronic records are stored in computer systems Photoweb under reasonable safety conditions and will be considered as evidence of occurred order and payment. The archiving of our order confirmation forms and invoices is done on reliable and durable media in order to provide a faithful and durable copy in compliance with article 1348 of the civil code.
4. Intellectual Property
All elements comprising the site, including without limitation, the text, site design, logos, graphics, icons and images, but excluding User Content (as defined below), as well as the selection, assembly and arrangement thereof (which selection, assembly and arrangement thereof includes User Content) are the sole property of Photoweb or its licensors, and are protected international copyright laws. All rights reserved. All software used on the website is the property of Photoweb or its licensed contractors, and is also protected by international copyright law. You may electronically view, copy and print on paper portions of the website solely for your personal and non-commercial use. Any other use, including reproduction, modification, distribution, transmission, republication, posting or execution of any website content is strictly forbidden. Registered trademarks, service marks, commercial names, commercial images, logos, and drawings associated with the website are the property of Photoweb or of a third party that has authorized their use. Without limiting the scope of the preceding declarations, Photoweb is a trademark of Photoweb. Joomeo is a registered trademark of the company Photoweb SAS.
b. User Content
All photos, images and other content loaded to the website by users (“User content”) remains the property of its respective owners.
User Content is intended to be published by Photoweb, for promotion purposes, visibility, and sale on the Joomeo Website on behalf of the User.
c. Usage limits
5. Right to Retract
Pursuant to Article L.121-21 of the French Consumer Code, the User has a right of withdrawal on their access to the User Content Hosting Services that it may exercise within fourteen (14) days, including holidays, from said subscription services, provided they notify the exercise of that withdrawal by mail by sending the withdrawal form [click here to download] duly completed and signed to following address: 1, rue des pins – Bâtiment 1 Arc en ciel – 38100 Grenoble, before the aforementioned 14-day deadline.
Photoweb agrees to refund the price of subscription to the Service, free of charge, as soon as possible, and at the latest, within fourteen (14) days after the date when the User validly exercised their right of withdrawal. However, Photoweb is able to claim from them an amount equal to the payment of the Services provided up to their communication of their decision to withdraw, provided that Photoweb obtains an explicit request from the User for the execution of the Services within the duration of his right of withdrawal.
6. Data Protection
Every User is responsible for saving their own data and files before transferring them to the Joomeo website. Photoweb is not obligated to perform backups of Users’ data and files, and cannot be held responsible in the event that these data and files are lost or damaged.
Responsibility for Photoweb cannot be held liable for any interception by other Users or third parties as well as all acts of piracy, photos, images and other content uploaded or uploading to the www.joomeo.com Website.
7. Disclaimer of warranty
THE WEBSITE, ITS CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT ANY TYPE OF REPRESENTATION OR GUARANTEE. Photoweb EXPLICITLY EXCLUDES ANY REPRESENTATION AND GUARANTEE, BE IT EXPLICIT OR IMPLICIT, OF ANY KIND RELATED TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ADAPTATION TO A PARTICULAR USE, NON-VIOLATION, TITLE, EXACTITUDE AND EXEMPTION OF COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.
The User agrees to indemnify, defend and release from all liability Photoweb, its subsidiaries and their administrators, directors, employees, agents, shareholders, representatives, providers of respective content and services, and against any loss, expense, damage and cost, including reasonable legal fees, resulting from any violation of these general conditions or any activity related to your Joomeo account (including negligent or illicit conduct) by the User or any other person accessing the website and using their internet account, Username for the Joomeo website, or account password.
9. Applicable Law
Use of this site is governed by French laws. Any action or complaint against the site Joomeo (including without limitation buying products Photoweb) must begin within (1) year after the cause of action or complaint arises.
10. Website Changes
For technical and functional purposes, Photoweb reserves the right to modify, evolve, or temporarily interrupt the Website, and the products and services available on the Website, without providing prior notice. The User accept that Photoweb cannot be held responsible towards them for any modification, suspension, interruption or deletion of the Website, any constituent of the Website, or any product or Service available on the Website (including without being limited to, the deletion of any User Content) due to accidents, and cannot blame Photoweb for any breach of its obligations whatsoever.
11. Pricing and Payment Terms
Joomeo uses safe and reliable online payment system. Two payment options are available: payment by credit card and payment through PayPal. All offer subscriptions will be considered confirmed once our service center receives approval from the bank or payment center. If the payment is refused, the User’s order will be cancelled.
The applicable prices are the prices indicated at the date and time of subscription to the Joomeo offer. Any subsequent price modification will not be applicable retroactively.
Joomeo offers Users the option of subscribing to the User Content Hosting Services for predetermined periods with automatic renewal. A User may de-activate the automatic renewal option for their subscription at any time by going to the “MY ACCOUNT” section through their Joomeo space, then clicking on the link “Do you want to de-subscribe?”, and finally by confirming this action.
12. Termination of Tacit Renewal Contracts
In accordance with article L 136-1 of the French Consumer Code, “The service provider must inform the consumer in writing, by registered letter or dedicated e-mail, three months at the soonest and one month at the latest before the before the end of the period allowing for rejection of the renewal that they have the possibility not to renew the contract signed with a tacit renewal clause.
In the event that this obligation of information has not been addressed to the consumer in accordance of the provisions given in the first paragraph, the consumer may terminate their contract free of charge at any moment from the date of the renewal. The advances made after the last renewal date or, in the case of permanent contracts, after the date of the conversion of the initial fixed-term contract, will be refunded within thirty days from the date of termination, net of the costs, up to that date, related to the execution of the contract. Failing reimbursement as provided above, the amounts due shall bear interest at the legal rate”.
13. Cancellation / Deletion of account
A User may ask to cancel their Joomeo account at any time by opening a session with their Username and password and then clicking on the “REQUEST FOR ACCOUNT CANCELLATION” button or link that appears in the “MY PROFIL” section.
Following this request and after confirmation by the Photoweb Services (within 7 days maximum), the cancellation will automatically delete all content and information stored on Joomeo Services and render it inaccessible. The cancellation will be effective whatever the offer subscribed to (free or paid) and does not allow for claiming refunds on unexpired subscriptions. Users are therefore advised to perform a backup of their content on another account or medium of their choice before cancelling.
In the event of the deletion of a User’s account for any reason whatsoever, the name of their Joomeo space will become available once again to anyone wishing to use it. In the event of a breach of any of the essential obligations arising from the Terms and Conditions of Joomeo and its Services, Photoweb will have the right, without prior notification and with immediate effect, to disable the Joomeo Account of the User involved, which will automatically and permanently render their User Content inaccessible, and will result in the cancellation without compensation of any subscriptions to Joomeo Services. Such a cancellation may also arise in the event of a breach of any of the essential obligations arising from the Terms and Conditions for paid services or any applicable user licenses.
14. Prolonged period of inactivity on a Joomeo account
We encourage people to actively log in and use Joomeo after creating an account. With the exception of paid accounts, Photoweb reserves the right to deactivate and delete your Joomeo account, in accordance with the Conditions of Use, if you have not imported at least one file (photo or video) for a period of six consecutive months. Of course, we will warn you by sending a message to the email address associated with your account before taking such action.
When a Joomeo account is deactivated after a prolonged period of inactivity, the files contained in it (pictures, videos, albums, folders, photo books, and slideshows) will be automatically and permanently destroyed.
Photoweb cannot be held responsible for any loss due to deactivating and deleting the content of a Joomeo account.
15. In the event of the death of a Joomeo account holder
On production of an original copy of the death certificate of the Joomeo Account holder, the Account will be deactivated. In addition, Joomeo reserves the right to request any other document required in this matter.
The content of a Joomeo Account may only be transferred to the heirs of the deceased Joomeo Account holder on presentation of an affidavit from a French notary establishing the quality of the rightholders concerned, accompanied by photocopy of identity card of the heirs. Photoweb reserves the right to request any other documents required in this matter and/or to contact the notary public who produced the affidavit for any further information.
If the request is granted, Photoweb will permanently delete the content of the Joomeo Account after having transferred it to the heirs, under the reserve of the application of legal and regulatory deadlines for data conservation.
16. Special conditions applicable to printing services
a. Request to cancel orders in the event of a delay
In accordance with article L 114-1 of the French Consumer Code, if delivery is delayed over 7 days beyond the time period indicated in the order shipment confirmation email, the User has 60 days to cancel their order with no charge, by registered mail with return receipt, and receive a refund for the price paid by contacting the Photoweb customer service department.
b. Right of withdrawal
Photographic film development service, or photo printing on any material, is considered a provision of goods performed to Users’ specifications and clearly customized, and thus cannot be returned, according to the terms of article L. 121-20-2, paragraph 3 and article L. 121-20-2 paragraph 1 of the French Consumer Code. Any right of withdrawal is therefore excluded once the order payment is confirmed.
c. Price and payment
The applicable prices are those which appear on the date and at the time of the User’s order confirmation. Any subsequent price modification will not be applicable retroactively. All prices are in Euros, with French VAT included. For each order, Users will be provided with detailed information summarizing the selected the goods and services as well as shipping fees before order approval.
Joomeo uses a safe and reliable online payment system. Two methods of payment are available: by credit card or payment by credit card and payment through PayPal. All offer subscriptions will be considered confirmed once our service center receives approval from the bank or payment center. If the payment is refused, the User’s order will be cancelled.
If an order is received incomplete (missing elements, etc.) or with deteriorated contents, the User may file a complaint by sending written notification to the Photoweb customer service department within 14 days of receiving their package. The User must provide their order reference information in all of their correspondence.
Only technical problems or defects regarding the state of the art will be considered to be acceptable reclamations. A difference in the shade of color between the printed material and the original file will not be considered as a defect. Generally, in the event of aesthetic defects of the final item (size, exposure…) that could possibly depend on the quality of the original file sent to Joomeo, no claims may be made.
If a complaint is accepted by our customer service department, Photoweb will offer a replacement of improvement on the product or service concerned.
Nevertheless, the responsibility for Photoweb cannot be held liable in the event of sudden failure of production of one of his lab providers Photo prints s and other products offered on the site Joomeo. In case of failure of one of its providers, Photoweb will try to find a solution; otherwise it will refund orders into question.
e. Liability limit for printing services
Photoweb can only be held liable for the amount of services and/or goods ordered and paid. It will be globally limited to direct material damage. Photoweb is not liable for any other damage (immaterial, indirect, etc.).
f. Failure to respect usage limits
Photoweb reserves the right not to fulfill orders in the event that usage limits are not respected (limits are described in the ‘Usage Limits’ paragraph of the present General Terms and Conditions).
g. Personal Information
Collection of information (title, first and last names, mailing and email addresses) is required for performing the Services ordered from the Joomeo Website, especially in terms of monitoring the service. If the information requested is not provided, the service will not be provided by the Joomeo Website.
In accordance with the “Data Protection Act”, law number 78-17 of January 6th 1978, Users have, at any time, the right to access their personal information; they may (1) complete or modify this information if it is inaccurate or incomplete, (2) remove it and/or (3) object to its transmission by providing written notice to Photoweb by sending an email or letter to the customer service department. Photoweb commits to storing data in servers located in France. Users’ personal data is protected using an automatic information processing system.
These General Terms and Conditions contain all of the provisions applicable between the User and Joomeo for the use of the Website and Services, and prevail over any other prior agreement.
Failure by Photoweb to exercise any right or obligation of these General Terms and Conditions does not entail abandonment or renunciation of this right or obligation.
If a provision is declared void by the appropriate jurisdiction, the parties agree to modify the provision in question, without compromising the other provisions of these General Terms and Conditions.
By express agreement, electronic communication is considered to have a conclusively equivalent value to written documents.
18. About the General Terms and Conditions
Photoweb reserves the right to change, alter or modify these general conditions for any reason and at any time. Any changes made by Photoweb to these general conditions will be published on the website and will immediately become effective, and will apply to Users from the date of publication.
If you have any questions concerning these general conditions, please contact us..