Terms of service

Contents

1. Purpose and scope
2. Website publisher
3. Access and availability
4. Legal capacity and customer account
5. Product information and visuals
6. Prohibited uses
7. Intellectual property
8. Reviews and user-submitted content
9. Third-party links and services
10. Website security
11. Liability
12. Personal data and cookies
13. Suspension of access
14. Changes to these terms
15. Applicable law
16. Contact

1. Purpose and scope

These terms apply to anyone browsing or using aluartmountains.com.

Browsing the website does not constitute an order and does not, by itself, create a sales contract.

By using interactive features of the website, including search, forms, the customer account, basket or posting a review, the user agrees to comply with the rules described in these terms.

Every order is subject to the Terms and Conditions of Sale shown to the customer before confirmation.

2. Website publisher

The website is published by:

Pierre Thiaville — Sole trader
Trading name: AluArtMountains
Address: 7 rue Aristide Briand, 69003 Lyon, France
Email: info@aluartmountains.com
Telephone: 06 27 07 55 18
SIREN: 827 807 231
SIRET: 827 807 231 00028

Further information about the publisher, hosting and activity is available in the legal notice.

3. Website access and availability

AluArtMountains uses reasonable means to keep the website accessible, secure and operational.

Access may nevertheless be temporarily slowed, limited or interrupted, in particular because of:

• maintenance or an update;
• a change to the theme, catalogue or features;
• a technical or security incident;
• an outage affecting Shopify or another provider;
• failure of the internet network or a data carrier;
• an external event that AluArtMountains could not reasonably have prevented.

AluArtMountains does not guarantee permanent, uninterrupted availability of the website.

A temporary interruption does not affect rights that a customer has in relation to an order already placed.

4. Legal capacity and customer account

Legal capacity

Features used to place an order are reserved for persons with the legal capacity required to enter into a contract.

A minor may place an order only with the permission of their legal representative.

Customer account

Certain features may allow a customer account to be created or used.

The user agrees to:

• provide accurate, complete and up-to-date information;
• keep login credentials and means of access confidential;
• not knowingly give access to an unauthorised third party;
• promptly report any unusual or suspicious use of the account.

Where a user identifies unauthorised access, they must change their means of access where that option is available and inform AluArtMountains as soon as possible.

Responsibility for actions carried out through an account is assessed according to the circumstances and applicable law, including where fraud or use beyond the account holder’s control is involved.

5. Product information and visuals

AluArtMountains takes particular care in presenting the photographs, sizes, prices, supports and other characteristics of its photo prints.

The contractual information applicable to an order is the information shown on the product page and in the summary displayed when the order is confirmed.

Mock-ups and room settings

Some images show the photo prints in a living room, bedroom, office, chalet or another decorative setting.

These settings help illustrate the overall atmosphere and possible integration of the work. However, they are not exact scale representations of every size.

The customer must refer to the dimensions stated in centimetres on the product page and check that they suit the wall.

Colours and appearance

Colours and brightness may vary slightly between the screen and the photo print received, depending in particular on:

• the type and quality of the screen;
• its brightness, contrast and colour settings;
• ambient light;
• the characteristics of the matte finish;
• the properties of the printing process and Alu Dibond support.

Such normal differences in rendering must not be confused with the wrong photograph, a printing defect or a lack of conformity.

6. Prohibited uses

In particular, it is prohibited to:

• use the website for unlawful, misleading or fraudulent purposes;
• impersonate another person or use another person’s contact details;
• attempt to access the website administration, systems, servers or other users’ accounts without permission;
• circumvent security, access-control or fraud-prevention measures;
• introduce a virus, malicious software, script or any device likely to disrupt the website;
• deliberately cause overload, unavailability or degradation of the service;
• mass-extract or reuse texts, photographs, product pages, prices, metadata or other content by an unauthorised automated process;
• reproduce, market, distribute or exploit photographs or content without the necessary rights;
• misuse forms, customer reviews or the ordering system;
• use the website in a way that infringes the rights of AluArtMountains, photographers, customers or any other third party.

This prohibition does not prevent normal indexing of the website by search engines or uses expressly permitted by law.

7. Intellectual property

The website, its organisation, visual identity, logo, texts, photographs, videos, illustrations, product pages, guides, graphic elements and databases are protected by intellectual property rules.

Depending on the item concerned, these elements belong to:

• Pierre Thiaville;
• AluArtMountains;
• partner photographers;
• their rights holders;
• service providers or third parties who have authorised their use.

Browsing the website does not confer any right of reproduction, representation, adaptation, modification, distribution, resale or commercial exploitation.

Any use beyond personal browsing of the website requires prior permission unless expressly permitted by law.

Purchase of a photo print

Purchasing a photo print concerns ownership only of the physical copy ordered.

It does not transfer any intellectual property rights in the reproduced photograph and in particular does not authorise:

• its reproduction;
• its digitisation for exploitation;
• its commercial publication;
• its advertising use;
• its resale as reproductions or derivative products.

A request for a licence, publication or assignment of rights may be submitted to AluArtMountains for review.

8. Reviews and content submitted by users

A user may voluntarily submit a review, comment, photograph of their interior or other content relating to their experience.

In doing so, the user warrants:

• that the testimonial reflects a genuine experience;
• that the information submitted is not deliberately misleading;
• that they have the necessary rights in the material provided;
• that its submission and publication do not infringe a third party’s privacy, image rights, reputation or other rights;
• that the content does not contain anything unlawful, discriminatory, abusive, threatening or manifestly irrelevant.

AluArtMountains may refuse, hide or remove content that does not comply with these rules or creates a legal risk, without changing the meaning of an authentic review for the purpose of distorting its effect.

Where a user agrees to publication of a review, comment or photograph, they authorise AluArtMountains to display it under the conditions presented to them.

Use of an interior photograph, a customer’s full name or any information that identifies them must remain limited to the media, purposes and periods accepted by the person concerned.

9. Third-party links and services

The website may contain links or features from services operated by third parties, including Shopify, payment providers, social networks, a review service or a carrier.

When a user leaves aluartmountains.com or uses a third-party service, that provider’s terms and policies may apply.

AluArtMountains does not continuously control the content, availability, security or practices of these third-party websites and cannot be responsible for their operation where it is outside its control, subject to AluArtMountains’ own statutory obligations.

The presence of a link does not necessarily constitute approval of all content published on the relevant website.

10. Website security

Users must not take any action intended to circumvent, weaken or test the website’s security mechanisms without authorisation.

A vulnerability, abnormal use or suspicious activity may be reported to:

info@aluartmountains.com

The report must describe the issue with sufficient precision without exploiting the vulnerability beyond what is strictly necessary to identify it.

11. Liability

AluArtMountains remains responsible for its own obligations under applicable law.

Subject to mandatory legal provisions, AluArtMountains cannot be held liable for damage resulting directly from:

• use of the website contrary to these terms;
• fault, fraud or negligence by the user;
• deliberately inaccurate information supplied by the user;
• an incompatibility or fault affecting the user’s own device, browser, software or connection;
• a third-party service or external event that AluArtMountains could not reasonably control or prevent.

The user remains responsible for checking the dimensions, the nature of the wall and the use of appropriate fixings when installing a photo print.

Nothing in these terms limits:

• statutory guarantees applicable to products;
• the right of withdrawal where applicable;
• mandatory consumer rights;
• liability that cannot lawfully be excluded or limited.

12. Personal data and cookies

Personal-data processing carried out when the website is used is described in the Privacy Policy.

The rules concerning cookies, trackers and preference management are also set out there.

Where required, non-essential trackers must only be used after the visitor has given consent.

13. Suspension of an account or access

AluArtMountains may temporarily limit or suspend an account or certain features where there are serious grounds to suspect:

• fraud or attempted fraud;
• identity theft;
• a threat to website security;
• unlawful or improper use of a feature;
• a serious or repeated breach of these terms.

The measure taken must be proportionate to the nature of the risk and limited to what is necessary to protect the website, customers, AluArtMountains and third parties.

Where circumstances allow, the user is informed of the suspension and may contact AluArtMountains to provide explanations or request a review.

A suspension intended to secure the website does not deprive a customer of rights concerning an order or ongoing complaint.

14. Changes to these terms

These terms may be updated to reflect legal, regulatory, technical, commercial or functional changes.

The last-updated date is shown at the beginning of the page.

The new version applies to use of the website after it is published.

The commercial terms applicable to an order remain those presented to and accepted by the customer when the order was confirmed.

15. Applicable law

These terms are governed by French law.

This does not deprive a consumer residing in another country of any mandatory protections provided by the law of their place of residence.

Disputes relating to an order, its delivery, a withdrawal or a guarantee are handled in accordance with the Terms and Conditions of Sale.

16. Contact

For any question about operation of the website or these terms:

AluArtMountains
Pierre Thiaville — Sole trader
7 rue Aristide Briand
69003 Lyon, France
Email: info@aluartmountains.com
Telephone: 06 27 07 55 18