These general terms and conditions of sale (the “Terms of Sale”) govern all transactions carried out on the website mesgaleries.com (hereinafter “the Site”).
By using the Site and placing an order, the user acknowledges having read the Terms of Sale, having understood them and accepting them without reservation.
The Site offers the following to photography professionals and enthusiasts:
Subscription: provision of monthly or annual access to the platform to upload, organize and share photographs in public or private galleries.
Printing of photographs: the option of having photographs printed through an approved partner, solely for orders placed by end customers.
The Site is open to professionals and private individuals alike. Certain features are reserved for professionals, in particular the payment of commissions on sales (see Article 11). The Site does not constitute a private or secure storage service of the NAS type.
Monthly subscription: automatically renewed every month.
Annual subscription: automatically renewed every year.
Monthly subscription: cancellation may be requested at any time from the member area. It takes effect at the end of the current monthly period, which has already been paid for, and access is maintained until that date.
Annual subscription: in the event of cancellation before the anniversary date, no refund, even partial, will be made.
In the event of a breach of the Terms of Use or the Terms of Sale, mesgaleries.com reserves the right to suspend or terminate the subscription without notice and without refund, even for sums already paid.
In the event of cancellation, suspension or expiration of the subscription, all of the user’s content (photographs, galleries, files) may be deleted without notice.
The user is solely responsible for backing up their content.
No recovery of deleted content may be demanded.
The Site is not a secure storage service and accepts no liability for any loss of data.
Visitors who have access to a gallery may order prints of photographs through the Site.
Prints are produced by the partner Négatif+. By placing an order, the user accepts the partner’s terms and conditions.
The photographer warrants that they hold all the rights necessary for the reproduction and printing of the photographs (copyright, image rights, authorizations from the persons depicted).
The user grants mesgaleries.com a limited, non-exclusive and temporary right of reproduction, solely in order to fulfill orders placed by end customers.
mesgaleries.com acts solely as a technical intermediary and may not under any circumstances exploit the photographs for its own commercial purposes.
If the photographer closes their gallery or deletes their content, mesgaleries.com no longer has access to the files for printing.
Payment for prints is made through Stripe, a secure solution.
The user accepts Stripe’s terms and privacy policy.
Prices are stated in euros, all taxes included (TTC).
Prices may be changed at any time, but orders will be invoiced on the basis of the rates in force at the time the order is confirmed.
A subscriber acting as a consumer has a statutory period of fourteen days from the date of subscription to exercise the right of withdrawal, by writing to hello[@]mesgaleries.com. This right does not apply to subscribers acting in a professional capacity.
As orders for prints of photographs are personalized, they cannot be subject to any right of withdrawal.
The Site provides the services in accordance with these Terms of Sale and the Terms of Use.
The Site accepts no liability in the event of:
use of the services that does not comply with their intended purpose;
a breach of the Terms of Sale or the Terms of Use by the user;
loss, deletion or corruption of content.
For prints, the Site cannot be held liable for any infringement of third-party rights.
mesgaleries.com complies with the applicable regulations on the protection of personal data, in particular the GDPR.
Personal data may be disclosed to the competent authorities where a legal obligation so requires, in particular to combat unlawful content or in response to judicial or administrative orders.
For further details, please refer to the Site’s Privacy Policy.
The Terms of Sale are governed by French law.
Any dispute relating to the performance or interpretation of the Terms of Sale falls within the exclusive jurisdiction of the courts having jurisdiction over the registered office of mesgaleries.com, including in the event of multiple defendants or third-party proceedings.
Publisher: Assistance Informatique du Beauvaisis, a sole proprietorship (auto-entreprise) registered under SIREN number 519978134, contact[@]ai-beauvaisis.fr, more information at ai-beauvaisis.fr.
Hosting provider: IONOS SARL France, 7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex, 431 303 775 RCS Sarreguemines, tel.: 0970 808 911, info@IONOS.fr
Eligibility
Sales commissions are reserved exclusively for photographers with a paid Standard, Gold or Premium account. Commission payments are reserved for professional photographers who hold a valid SIRET number, entered in their account; a private individual cannot receive them.
Photographers with a free account receive no commission, and all revenue from sales is retained by the platform.
Calculation of commissions
The Site automatically calculates the amount of the commissions owed to eligible photographers.
The Site determines the commission calculation period (for example: from April 1 to June 30).
The amount communicated to the photographer corresponds strictly to the sales made during that period.
Conditions prior to payment
A commission payment is only due if the photographer:
provides a valid electronic invoice, compliant with the legal obligations in force;
has a valid SIREN/SIRET number;
reaches a minimum amount of €50 over the period concerned.
Invoicing arrangements
The photographer may issue one invoice for one or more periods, corresponding to the calculation periods communicated by the Site.
A single invoice may cover several months of commissions if the photographer so wishes.
Each invoice must clearly state the period covered (for example: April 1 to June 30).
Payment period
Payments are made within a maximum of 30 days of receipt of a compliant invoice.
If the invoice is incomplete or invalid, payment is suspended until it has been corrected.
Exclusion of all liability
The Site acts solely as an intermediary for the sale and the payment of commissions.
The Site accepts no liability for any delay in payment or inability to pay if the above conditions are not met.
For any questions about the Terms of Sale:
hello[@]mesgaleries.com