Please read these Specific Conditions carefully before using the online selling features provided by Photoweb. By using these features you confirm that you have read, understood and accepted these Specific Conditions.
These Specific Conditions supplement the general terms and conditions governing use of the Joomeo website and its standard features, which can be accessed at the following address: http://www.joomeo.com/termsofuse.php
"Customer": A web user using a Joomeo Store in order to look at it and/or purchase Products from it.
"Commission": the sum retained by Photoweb as a fee when products are sold.
"Joomeo Store": A space on Joomeo managed by the User and accessible to Customers and to which access is protected by a password or any other system designed to restrict access. The space in question is used to store Photographs, and Customers with the required access rights can view these Photographs and purchase Products.
"Photograph": an image published by the User in their Joomeo Store and compatible with the Joomeo photo lab service.
"Purchase": the purchase of a Product from Joomeo by a Customer.
"Product Production": the product design and production service provided by Photoweb or a contractor of its choice.
"Product": a print or any other item produced using a Photograph created by a User, such as a paper print, an enlargement, a poster, a photo album and a photo printed on canvas.
"Selling price": the price paid by a Customer for a Product ordered from a Joomeo Store.
"Base price": the unit price charged for by Photoweb, or a contractor of its choosing, for the production and supply of a Product.
"Earnings": the earnings due to the User from Photoweb as a result of Product sales.
The User and Photoweb agree that they are and will remain, during the whole period of applicability of the present conditions, independent commercial and professional partners, each assuming the risks involved in their own commercial activities. Acceptance of the present conditions does not in any way constitute a dependent working relationship between the User and Photoweb, particularly with respect to employment law.
To register for Store mode, Users must have taken out a DYNAMIC subscription, or an equivalent subscription including this feature.
When registering, the User is required to provide a number of additional pieces of information in a section of their profile named "professional information".
This information specifies, in particular,
- Whether the User is a legal entity: Their corporate name, head office address, telephone number, email address, the name of the director, company registration number and their international VAT registration number,
- Whether the User is a natural, professional person (self employed, etc.): Their forename and surname, address, telephone number, email address, company registration number and international VAT registration number.
The User confirms that the information they provide is complete, accurate and up to date. Because Photoweb does not have any means of verifying this information, the User agrees to inform Photoweb of any changes to this information and agrees to keep it up to date via the administration interface made available to them.
Acceptance of the these general conditions is a prerequisite for activation of the online store mode.
Photoweb provides Users with an online space and a dedicated interface enabling them to offer their Photographs for sale, and also a set of integrated tools enabling the User to enter into commercial relationships with their potential Customers.
The User therefore expressly authorizes Photoweb to distribute, publish and display the items they place online for the purpose of presenting them for sale in accordance with the terms and conditions defined below.
Photoweb is mandated by the User to sell Products and Receive payment for said products at the Prices defined by the User, a portion of which is to be paid to the User after each Purchase in accordance with the conditions set out below.
Photoweb provides a Product Production service in this respect. The User freely concedes to Photoweb, for the sole purpose of offering products for sale to the User's Customers, all required rights to the Photographs placed online in their Joomeo Store.
The User has the right to store Photographs on Joomeo. Users with the necessary access rights can view these Photographs and order Products. The User is free to use the tools made available to them by Photoweb for the purpose of advertising and selling their Photographs in any way they see fit, and assumes full responsibility for doing so.
Please note: some of the image formats available on Joomeo cannot be used with certain Products. The User is responsible for ensuring, when activating and populating their Joomeo Store, that the image formats of all the Photographs they are making available for use with Products are actually compatible with the Products available from their Joomeo Store.
The User sets the Product Selling Prices via their account's admin interface, taking into account the fact that a minimum fee to cover Product order processing, production and delivery costs, as well as Photoweb's minimum Commission, is debited per Product.
In monetary terms, the User receives profit earned at a global margin rate applied across the whole range of Products offered for sale on the Joomeo website. By default, this margin rate is set at 200%. The user may modify this margin rate at any time via their account admin interface.
The Selling price for each Product is thus defined in the following way:
Selling price Ex. Tax = Base price Ex. Tax of said Product + the Earnings defined by the User in the form of a margin rate applied to the Base price + the Commission received by Photoweb.
A "my Catalog" feature allows the User to see the price and fee breakdown for each of the Products offered in their Joomeo Store: Base price Ex. Tax, total Earnings due to the User, Commission made by Photoweb, and the Product Selling price both Ex. Tax and Incl. Tax.
Photoweb is responsible for processing the order and producing and delivering the Products.
Photoweb will pay the User the total amount paid by the customer less its own fees, which are as follows:
Product Base price,
Photoweb's commission on the sale: 15% of the Earnings defined by the User (subject to a minimum payment of €0.01),
Order processing and delivery fees for the Product (which are specific to each product).
The User may choose to request payment of their Earnings at any time.
Earnings can only be paid to the User when the cumulative total amount due from Photoweb with respect to Earnings reaches a total of 50 (fifty) euros Ex. Tax.
Via their account admin interface, the User can access the purchase history for their Photographs – the delivery and payment status information in particular – and the total due to them from Photoweb with respect to Earnings.
The User may at any time, via their account admin interface and subject to the terms specified in these Conditions, generate a payment request / invoice submission request for the total Earnings due to them at the time the request is made.
The first time such a payment request is made, the User will be required to provide their banking details, which are necessary in order to transfer the Earnings. This information must be provided before any payment request can be fulfilled.
When a payment request is made, an email containing the following information is automatically generated and sent to the User:
- The payment request n°,
- The payment request date,
- The customer details,
- The reference details and monetary information for the orders concerned,
- The total Ex. Tax due to the User,
- Photoweb' contact address details.
Once the User has received this email, they must then reply to it attaching their invoice, which will contain all the information provided together with details of the VAT to be applied to the invoice.
Payment will be made by Photoweb within the 15 days following receipt of this invoice.
In case of cancellation of the Purchase or non-receipt of payment for the Products purchased, there will be no Earnings due to the user from the Purchase.
The User represents and warrants to Photoweb that they have undertaken, or will undertake, at their own expense and under their sole responsibility, all formalities and administrative and tax declarations that may be necessary as a result of using the services provided by Photoweb and, in particular, as a result of receiving regular payments of Earnings, such formalities and declarations varying in accordance with the specific circumstances of each User, whether a legal entity or a natural person subject to corporate or income tax.
The User must also assume responsibility for taking out any insurance policies that my be required to cover the activity generated by use of the services provided by Photoweb.
The User agrees to assume sole responsibility for maintaining the business relationship between themselves and Photoweb and to therefore act as the sole contact in this respect. Photoweb shall under no circumstances be affected by the involvement of, for example, an agent, an art dealer, a producer or an editor.
The User must have permission from identifiable persons, or from their legal or contractual representatives, authorizing them to make use of their images and/or from those holding intellectual property rights over the elements depicted in photos placed online. The User agrees to provide proof and submit copies of all such written authorization to the operator of Joomeo on request.
Photographs will be published by Photoweb for the purpose of advertising, promoting and selling them on the website and in the User's Joomeo Store on the User's behalf.
The User transfers the right to reproduce Photographs for private use and in any format, whether digital, on paper or on other objects, to Customers who have made full payment for the Product ordered.
The User guarantees that they are the sole holder of any intellectual property rights applicable to the Photographs placed online in their Joomeo Store.
The User certifies that patrimonial rights affecting the works placed online have not to date been subject to any assignment of usage rights to, or licensing for use by, any third party who may prohibit or hinder the application of the present Conditions.
The User guarantees that Photoweb has free and unobstructed use of the rights transfered under the present contract.
The User certifies that their work or works have not to date been the subject of any dispute.
In the case where a dispute concerning the rights to the work or the personality rights of any person represented therein is lodged by a third party, the User agrees to offer Photoweb, on request, their full legal support, and to assume the full consequences of such a dispute.
Without this list being exhaustive, and at the sole discretion of Photoweb, the User agrees not to publish, transmit, distribute, edit or otherwise make available on or through the Website any content that could constitute or contains any of the following (without this list being exhaustive):
- an offense against public decency or public order;
- misuse of Joomeo for the purposes of propaganda, proselytism, canvassing or solicitation;
- publication of information of a commercial or advertising nature or that constitutes propaganda in favor of tobacco, alcohol or any other controlled substance, product or service;
- defamation, insults, threats, blackmail, harassment, incitement to violence, racial hatred or, less specifically, incitement to commit any crime;
- dissemination of misinformation or of financial information protected by confidentiality and of any content intended to represent or offer for sale objects and/or works, software or content prohibited by law or which infringes the rights of any third parties;
- contempt of court;
- infringement of privacy, data protection or privacy of correspondence rights;
- infringement of copyright, trademark or related rights, or any other intellectual property rights;
- apology for crimes against humanity or genocide denial;
- encouragement to commit suicide;
- incitement to commit a crime or act of terrorism;
- disclosure of information protected by confidentiality or the right to privacy;
- or any acts endangering minors, especially through the creation, transmission, distribution or provision of access to messages of a violent or pornographic nature, or which constitute an offense against human dignity or are likely to enable the manufacture of explosives.
- a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of a computer or software, or information technology or communications equipment;
Photoweb, in the context of providing storage and distribution space for Photographs, acts solely as a web host service provider, as defined in Article 6-I-2 of the French Law "pour la confiance dans l'économie numérique" (LCEN) No. 2004-575 of 21 June 2004 and amended by law No. 2011-267 of 14 March 2011, and is under no obligation to monitor or control data thus stored.
Photoweb has placed a Contact section on the website which contains a form that can be used by any User or Customer wishing to notify inappropriate or unacceptable content. As a standard precautionary measure, content thus notified may eventually be removed from the website, and under such circumstances no subscription reimbursement (in the case of a paid subscription) will be payable to the User.
Photoweb reserves the right to modify or suspend, temporarily or definitively, and without prior notice to the User, particular products and services described in the present Terms and Conditions, including, but not limited to, modification or removal of features or information. Photoweb cannot be held responsible by the User for any modification, suspension, interruption or deletion of any of the elements that constitute the website or any product or service available on the website (including, but not limited to, the removal of any User Content). Photoweb reserves the right at its sole discretion, and for any reason whatsoever, to immediately and without prior notice to the User suspend or cancel their account and/or their ability to access the website and the products and services available on the website.
IN NO EVENT SHALL Photoweb, ITS SUBSIDIARIES AND THEIR ADMINISTRATORS, DIRECTORS, EMPLOYEES, AGENTS, SHARE HOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE HELD RESPONSIBLE FOR ANY DAMAGES INCURRED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE AND/OR ANY MATERIAL, PRODUCT OR SERVICE AVAILABLE ON THE WEBSITE.
These conditions enter into force on the date at which the User accepts the conditions of subscription to the service in question. The User agrees to respect these conditions throughout the duration of their use of these services.
These conditions apply for the whole period during which the services set out in these Conditions are placed online.