Only the french version of these general sales terms are contractual.
In the case of contestation in relation with the sale contract execution or about the payment of the price, as well as the interpretation about the articles and execution of conditions higher mentioned, the commercial court of Reims (France) will be only qualified, even in the case of defenders’ plurality.

Qoom is the owner of the site.

Qoom is a registered trade mark.

In application of the law n°2004-575 of the 21st June 2004 for safe and secure on line transactions, further information are given :

Website publisher : QOOM
RCS Reims - 497 583 146 – APE 923A
N° of VAT intra E.U : FR 57 497 583 146 l est du devoir du Client de transmettre à la société QOOM des photos lui appartenant ou bien de se procurer l’accord du photographe qui a réalisé la prise de vue ou bien de s’assurer des droits acquis dans le cas ou cette imag_ Head office : 3 bis rue Paul Vaillant Couturier - 51100 Reims - FRANCE

Web site creator and host : Artégo
Adress : Route de Mouzon - Village PME Bat B, 08140 Douzy
Number : 00 33 (0) 324 58 20 18
e-mail

Publication of content : SPIP

CONDITIONS OF USE AND SALES

This present contract is signed between the company Qoom and the Customer, in the frame of a website shop « qoom.fr »,, deployed by Qoom who is the owner operator.

This sale contract gives the rights and duties of the purchaser.
last one must agree without any reservations these terms of sales.
It is clarified that any condition against the present general conditions of sales put by the Customer, whatever support it is, and without a signed and sent back postal letter registered with acknowledgement of receipt by the Company QOOM, will be non-invocable to us, whether the moment Qoom will have been able to be carried in its knowledge.
The return of the cost estimate an its agreement by the customer, whether it is by e-mail or postal mail binds upon the customer the full-right acceptance of mentioned here below sales terms.
The currently sales and use terms might be liable to change at any time and without notice from the Qoom company. In these case, the applicable conditions will be the ones in force on the website at the order date passed on by the Customer. The Qoom company keeps the rights to modify them at any moment or to add some particular conditions during any transaction.

In the case of any sales terms would be considered as null and void whether the way it is, it would be renowned no-written and would not entail the nullity of the other clauses.

1. acceptance

1.1 On each order or agreed cost estimate will have to be clearly written the further references : name and address of the client whose account the order has been made and the billing has been sent.
1.2 A cost estimate which is agreed is considered as an order taking.
1.3 Any order taking means the consultation as well as the prerequisite acceptance ot these sales terms content, this acceptance does not need the handwritten signature of the buyer. The customer acknowledges that his/her acceptance, which takes conclusion for the mail order sale contract, does not need a handwritten signature. In the frame of a online sale, the customer acknowledges to be clearly informed that his/her acceptance concerning the content of these currently sales terms does not need any handwritten signature. Moreover, the Customer states to be at least 18 years old and has the legal ability or holds a parental authorization/an authorization of dependence which allows him/her to bind upon these currently sales terms.
1.4 The customer agrees to use this website in a responsible way in complete conformity with the general sales terms as well as with the local laws and rules running is the country of the customer, including the rules of import-export.
1.5 Ordering on this website, the customer guarantees that he/she has the complete rights, and required authorization for ordering, and that he/she allows the Qoom company to print some products and services for the customer’s account.

2. confidentiality acceptance

According to the law « Informatics and freedom » of the 6th january 1978, the Customer has at any time a right of access, a right of correction and a right of opposition to his/her whole information by writing per postal mail and justifying his/her identity. According to the french law “Informatics and freedom”, the customer has at his/her availability a right for changing, correcting or deleting his/her personal information, which are operative only per postal mail. Moreover, the company Qoom commits itself, to take any necessary precaution in order to protect its datas in order they are not distorted, neither damaged or given to non authorized third persons.

3. conditions for the work production

3.1 Any work request on a material medium (pictures, posters…) next to the Qoom company is only worthing for mailings in a euro area country. A personalized cost estimate will be sent per e-mail for any customer who does not live in that area.
3.2 Technical elements (photos) must be sent by the customer from the order or from the free of charge cost estimate request.
In the case of hesitation about the choice of the photographies to be sent, the Customer can send until 3 photos and can be advised by Qoom, for the most adapted and qualitative selection to be taken in account.
For the technical elements sent per e-mail, they must be received by the Company QOOM within six working days as from the order or from the demand of free cost estimate per e-mail.
The free cost estimate can be returned only after reception of the necessary photos to the realization of the drawing(s) by the Company QOOM.
The QOOM company is not required to send back the material details which are sent by postal mail in case of non-validated order or cancelled one, as a consequence, it is advised to the Customer to send only simple duplicatas on little expensive medium.
For any authenticated order, the technical necessary documents for the processing of the order will be returned to the Customer with the delivery of the order. In case of oversight, spent the period of 1 month after the execution of an order, the QOOM company does not answer any more of the unclaimed documents. The sent material details by mail implies the full agreement of the Customer on the acceptance of the present regulation without possibility of complaining as for the returned materials details sent in the case of non authenticated order or cancelled one.
The Qoom company is not considered responsible as for the overcome accidents about the technical elements sent by the Customer.
3.3 The order (material support or digital file) becomes actual and complete in the authentification by the Customer of the free cost estimate - agreement form or its order and in the collection of the payment of the Customer.
Computerized records will be considered as some evidences.
The Customer ensures that he/she is indeed the authorized holder to realize the payment of his/her order by means of the bank card used in this end. QOOM takes the right to suspend any order running and any delivery in case of refused authorization of payment from the officially accredited bodies or in case of no payment.
3.4 Any returned cost estimate –agreement form, whether it is by postal mail or per e-mail, constitutes an irrevocable acceptance of the offer which has been made to him/her. This offer can be questioned only in the cases restrictively foreseen in the present terms sales.
3.5 For any order on a material support, a computerized model, worthing as a work order, will be sent per e-mail to the customer before beginning any processing.
The Customer can propose two modifications at this work order in the limits of the requested works in the cost estimate.
Beyond two modifications, any minor change accepted by QOOM will be charged 15 euro inclusive, for modifications which are considered major by QOOM, the QOOM company reserves the right to refuse the comment either to propose a price revised according to the comment.
The work order is authenticated by the Customer. A work order which is not sent back within a worked five days time limit will be considered as agreed by the Customer. The proof of refusal of the work order stays chargeable to the Customer on the fact that its agreement does not require handwritten signature
Any validated work order by the Customer can not be cancelled or modified in any case.
3.6 Within the framework of an order on material support and of a request of the Customer to get one or several supplementary copies, a preferential price will be applied, including no more the graphic concerned creation for any Customer having asked the company QOOM to file the concerned graphic creation. This condition takes effect, whether it is for the printing on the same medium or on another one. Over one month after the delivery, QOOM cannot be considered responsible for accidents, deterioration or modifications arisen in electronic file drawings.
3.7 The company Qoom commits itself to sell and deliver at the address (postal mail for material mediums and e-mail for digital mediums) given by the Customer in the order or the cost estimate – agreement form the chosen product(s) within some 14 worked days time limit, from the receipt of the agreement about the work order. Any request for an least time limit to the based one will be the subject of a personalized cost estimate.

4. Liabilities and trade conditions set between the parties

4.1 For the material mediums, the manufacturing begins once the work order is authenticated by the Customer.
4.2 Any technical modification or any change of photo between the order authentification or the returned cost estimate -agreement form, and the work order validation will be invoiced about the corresponding value to the graphic creation.
4.3 The QOOM company reserves the right to refuse purely and simply, without having to clarify the motives an order (even in the case of execution), among which the nature, the text or the display would appear as against its moral or commercial interests, without another bond than the reimbursement of the sums eventual paid sums) and the return of this information towards the Customer by any means. The non-execution or the partial one about an order will not give the right to any compensation.
4.4 The mistakes or the unintentional oversights consequences, even if these last ones concern a composition made by the company QOOM can give the right to no compensation (compensation of a damage), whether it is a defect of manufacturing, graphic processing of a photo, a printing defect of a picture.
4.5 About the printing on a material medium by the company Qoom, we remind that only the four colour processing and the measuring of each computer screen can noticeably change the colour interpretations between the work order and the finished product.
The technical elements supplied by the Customer have to be of sufficient quality, corresponding to the technical specifications mentioned in these general conditions, should the opposite way occur, the QOOM company cannot be considered responsible for the bad printing quality.
4.6 For any order of type support digital file, QOOM is not responsible for the use that the Customer wishes to make, noticeably in terms of printing, enlargement … The Customer is chargeable to check the adequacy its original file ( the photography) and the application that he/she wishes to make.
4.7 None of both parties will have failed in his/her contractual obligations, in the measure of their execution be delayed, hindered or prevented by a fortuitous case or a force majeure.
Will be considered like a fortuitous case or force majeure any fact or unforeseen, irresistible, external circumstance for the will of the parties : that is to say any unavoidable fact, which can be hindered despite of the efforts which are reasonably possible.
The concerned part by such circumstances will notify within the 10 working days the other part further to taking the knowledge of the above mentioned facts. If the act of God lasts more than 3 months, the current sales conditions could be cancelled by the injured party. The Company QOOM is released from the obligation of execution of the customer orders, for all fortuitous occurences or of force majeure (strikes, floods, fires, delay of provisioning… or any other event which prevent or delay completely or partially the execution of the obligations of Company QOOM).
This is without any other obligation than the reimbursement of the eventual fees paid.
4.8 Prices are given in euros. They are valid only at the date of the authenticated order or after the buyer has returned the cost estimate – agreement form.
The mentioned prices on the website (before ordering) do not take in account the delivery expenses.
The amount of the delivery expenses is given and invoiced at the time of the order taking or on the cost estimate – agreement form which is sent to the customer before he/she authenticates this order.
The prices given by the company Qoom, by any mean of communication, might change. The published prices are VAT inclusive which is in force at the order date.
For any order out of France and located in a country of the euro-area, the VAT will be owing by the customer for any professional person who will give us the euro-area VAT number.
The postage- and logistics fees are changeable according to the country, the delivery terms and the chosen product.
The mentioned prices do not include the shot realization by the company Qoom, except the shot mentioned and figured explicitly in the cost estimate – agreement form.
The mentioned prices are including the shot realization from the supplied photography and not the interpretation of that photography (caricature, putting out of shape, changed background, ...) for that particular cases, an explicit request has to be made by the Customer before the cost estimate realization.
4.9 The material goods which are sold are routed under the Customer responsibility who will have to check the conformity and the number of the received goods.
Any visible abnormality (average, replacement or lack) will have to be indicated from the delivery and will be the object of a complaint with the carrier in respect for the procedures planned by the commercial law.
The Customer has the burden to check up the condition of the packaging and the products condition during the delivery.
Consequently, any abnormality concerning the delivery (damage, lacking product in comparison with the delivery order, damaged packaging, broken products… The Customer is anxious to verify the state of the packaging and the products during the delivery order...) will have to be attested by the Customer in the form of handwritten clear, sharp and complete reservations on the delivery/carriage order, and this way in the presence of the carrier, the carrier and the Customer will date and sign the voiced reservations.
. In the case the carrier refuses to sign the reservations, the Customer will have to specify it by writing on the delivery order.
Besides, the Customer will have to confirm, at the same time, to the issue of reserves the abnormality by sending a registered letter with acknowledgement of receipt to the carrier within the next three days further to the delivery with the aim to confirm aforementioned complaints. The copy of this letter, as well as those of the delivery order in which are the reservations will have to be sent by mail within the period of 3 days further to the delivery.
The Customer is reminded that for lack of following scrupulously this procedure as well as respecting the periods, the QOOM company reserves the right to reject any request for opening a disputable file.
The Customer agrees that the dispatch conditions for any products will be FOB (Free on Board) at the shipment point, and that the transfer of ownership to the Customer is to be done at the shipment departure. This means that the responsibility of the stealing and ownership risks for the products comes back to the Customer once the delivered products by the company Qoom at the delivery company.
For any product or service supplied to the Customer under an electronic form, the Customer accepts that the delivery comes into effect when the QOOM company passes on by e-mail or any other electronic communication sent to the Customer the electronic file or the information of its provision by downloading.
The Customer has the burden to inform the company Qoom for any delay or delivery mistake. In this latest case, the Customer has to keep the parcel(s) in their original condition.
4.10 The supplied fastenings with the material mediums for a picture are specified on the website « qoom.fr ».
These bindings concern only the binding part on picture, the Customer has at his/her burden to get himself/herself the adequate wall fastenings, the composition of every wall support is too much diversified to allow the Company QOOM to take into account all the cases.
4.11 The beneficiary of the drawing realized by the Company QOOM expressly refrains to proceed to an exploitation of the drawing able to strike a blow at the private life or at the reputation, in particular his/her use in any medium with illegal, pornographic, racist, xenophobic, slanderous character or another harmful exploitation. He/she will encourage, if need be, his/her partners to do the same way and will implement all the needed means to the realization of this aim.
4.12 The Customer has the responsibility of the use that he/she makes of the service or of the product supplied by the company Qoom, including other pictures, style of drawings, texts or others.
4.13 Technical specifications
In the case you hesitate between several photographies, do not hesitate to choose the ones which are more closer to the following technical specifications :

Advised resolution of the camera :
size A3 (0,42 x 0,297m) > 2,5 Mpixels
size 0,6x0,4m > 3 Mpixels
size 0,8x0,6m > 4 Mpixels
size 1x0,6m > 5 Mpixels

Advised regulation of the camera :
ISO < 400
Speed > 1/60
Type of file: JPG, PSD, TIFF, BMP (JPG préféré). RAW non applicable.

4.14 References or links to some products or services of independent companies might come on the website. These references and these links are supplied “in the state” without any guarantee of any kind, either expressed or not. .
4.15 In no case the QOOM company can be responsible for any damage either it is special, fortuitous, indirect or consecutive, nor of any damage, whatever it is, resulting from a loss of use, from data or from profits, that the QOOM company was or not informed about the eventuality, resulting of or in relation with the use or the working of the site or the exchanged files, or about the defect to supply products or services that the Customer orders, including with no limits, some damages coming from mistakes, oversights, viruses, delay or service break.
In any case the company Qoom can not be responsible legally or penally about the damages or consequences coming from or in relation with an unsuitable or non authorized use of the website, or its content, from the user.
4.16 The Customer accepts, without any reservation, to receive the Qoom invoices only by electronic way, consequently, the Customer states expressly to give up definitely to get some invoices under the form of paper.

5. Withdrawal time

5.1 Any claim about the elements of the execution order must be put at the knowledge to the company Qoom within a worked 5 days time limit, beginning from the work order received. Once the work order is authenticated by the customer or the worked 5 days time limit is past, Qoom will be able to refuse any claim or modification, or could invoice them.
5.2 According to the article 121-20-2 of the Law of the Consumption, the right of retraction cannot be exercised for the supply contracts of goods which are made according to the specifications of the consumer or sharply personalized. The Customer buying a personalized portrait to the Company QOOM can thus take advantage of no right of retraction.
5.3 In case of no delivery of an order or of a part of an order, the Customer has at his/her disposal a three month time limit from the sending of the work order, to appear next to the company Qoom. Beyond this time limit, the company Qoom will refuse any claim.
5.4 Any appearing abnormality (damage, replacement or lack…) will have be noticed as soon as the delivery and will be the matter of a claim next to the carrier, in respect of the proceedings planned by the commercial laws.
5.5 For any material mediums with fastenings, Qoom is in no way responsible about the condition of your wall support, whether it is before or after the binding.
This condition concerns as well as the damaged of the wall support, painting or any other support that the fastening or the fastening modification could occur.
Qoom is no liable of an possible damage of the picture during the fastening, whether this damage is caused by a binding chosen by the Customer or the one supplied by Qoom, the Customer is responsible for any damage which is occured during the fastening, and Qoom will not be in charge of the replacement or the support repairing.
In the case of the painting damage occured by the Customer, the Customer will be able to ask at the company Qoom, if he/she wishes, one more copy at reasonable prices, as having agreed that the graphic work is already realized.

6. Invoice and settlement conditions

6.1 Except opposite mention in the particular conditions of a personalized cost estimate, the payment takes place altogether in the validation of the order or in the validation of the cost estimate - agreement form by the Customer, in cash, without any discount and in euro only.
6.2 One payment method is proposed :
  By credit card from the secured website.
The customer guarantees at the company Qoom to lay out the necessary authorizations to use the payment method he/she chooses while validating the order form.
For any incident of payment, the QOOM company keeps itself the possibility to stop the execution of the current orders and to refusing to honor any new order until total regulation of the due sums.
All the collection charges about delayed regulations claims will be chargeable to the debtor.
6.3 Invoices are of electronic type electronic and are uttered at the Customer name by electronic way e-mail address specified by the Customer in the cost estimate.
6.4 Invoices are settled on the rate base and on rate conditions in force of the order time.
6.5 Any claim about the invoice elements must be carried in the knowledge of the Company QOOM within the maximum 1-week time limit after its reception.

7. image rights and copyright

7.1 Any exchange and any order between the Customer and the Qoom company commit themselves in full rights from the Customer the acceptance of the here below mentioned rules about the Image rights and copyright.
7.2 The photographies which are sent by the customer are modified and handled under the Customer responsibility.
The Customer has the duty to pass on to the company QOOM some photos belonging to him/her, either to get itself the photographer agreement which has realized the shot or to make sure of vested interests in the case where this image has been bought (picture libraries). This is with the aim of its modification and\or of its interpretation.
The company Qoom is released of any liability it might incur due to the fact of the sent picture treatment.
7.3 Any order implies for the Customer to be the only to master and the only liable about the applications which he wishes to make of the drawing, but also the original file (photo), and particularly of his broadcasting, the possible modification, etc..., and which he exempts the QOOM company of any complaint in this respect.
7.4 In the case of the image rights, the Customer has to make sure of the person agreement who is represented to be shot, drawn, and to make sure to get the model acceptance for any other working that the Customer would wish to do about this picture (broadcasting-, reproduction agreement...)
7.5 The drawings realized by the Qoom company can not be used or worked out of the limit of the mentioned applications in these general terms.
Any other uses than those mentioned in these general terms must be the subject of an agreement, or of a contract or must be specified in a personalized cost estimate first drawn up between the Customer and the Qoom company.
For any other application than the ones described in these general terms and non private, the Customer will describe the application he/she wishes to make about the realized drawing.
The Customer expressly refrains to use the images supplied by the Company QOOM in any support with pornographic, racist, xenophobic character or quite other harmful exploitation.
7.6 Any order crossed as private individual is limited to a private use and must not be diffused, reproduced nor distorted.
The non controlled broadcasting, especially by electronic way by any private individual, can create a substantial tort to the Qoom company.
The Customer is responsible for the respect for this obligation next to of the Company QOOM, included in case of a non intentioned clumsiness, of an error or a non compliance with this commitment by a third party.
7.7 The Customer commits himself/herself to be able to answer any led action or question put down with the Company QOOM concerning the applications or the actions adopted by the Customer on the use of the sent photography or the drawing realized by the Company QOOM, in particular next to the image law, the copyrights, the broadcasting law and the commercial law for which he/she has the whole responsibility for conforming to the rule in force, and especially next to the person who has shot the represented person(s), the modification allowed of the shot, the copyright, the authorized work of the photography and the drawing which results from... And that he/she exempts the QOOM company of any complaint in this respect.
7.8 For any order on a material medium, the reproduction right is not included, that is why is only delivered the specified material medium in the cost estimate –agreement form, and the final file which has been used to realize these works.
7.9 The Customer declares that all the datas, files or any correspondance generally broadcast by the Customer are the possession subjected to the Customer reproduction right, who has authorized Qoom to use such a possession..
7.10 The customer ensures that the technical elements will not infringe any third person right, including the intellectual property rights, registered trademark rights, infringement right for the public or private life.
7.11 The Customer accepts the fact that he/she has to indemnify and defend the Qoom company for any claim, prejudices, damages, costs and expenses, including some fees and expenses of a reasonable price, resulting from or connected to one or several malpractices of the present general conditions or to any pursuit, complaint or resulting demand of or in connection with all text, photography, image, reason or any other technical element.

8. Limit of use and/or of exploitation about some realized drawings by the Qoom company

8.1 Material mediums
For any order on a material medium, the copyright is not included, that is why is only delivered the specified material medium in the cost estimate – agreement form, and not the final file which has been used in order to carry out these works.
8.2 Virtual medium (electronic file...)
Limits described here below can be doubled, trebled, by a system of order cumulation.

The realized order is good for :

• a kind of support (poster or flyer or…).
• A geographical area of broadcasting (the website is non applicable for that case) : less than a nationwide area (see order cumulation for a same broadcast or an upper one to a nationwide area).
• Validity (internal and external communication, advertising) : two months from the first broadcasting of the drawing or of a part of this drawing.
• Validity (sale) : appearance of the drawing or of a part of a drawing on a product (postcards...) or under the form of electronic file - six months from the order date.
• a website.
• maximum length and width of the final medium = 2 m.
• maximum broadcasting of the final medium (sale, internal and external communication and advertising) : 30,000 copies.
• broadcasting for the final medium (internal communication) = 300 labour.

 Order cumulation : For any overrun or prolongation of these conditions, you have the duty to carry out another order.
In this case, your order will have to be carried out on the same way, but loading the drawing and not the original photography.
Any overrun cumulates itself.

In case of nationwide campaigns or for any other reason, a personalized cost estimate can be thought, to answer at best to the requirement of your project

9. Election of the jurisdiction residence

9.1 The jurisdiction residence is done at the address mentioned at the top of the invoices. In case of contestation in relation with the execution of the sale contract or to the payment of the price, as well as in case of interpretation on the execution of clauses and conditions indicated above, the commercial court of REIMS will be only competent, even in case of defendants’ plurality.