General terms and conditions for photo use

General point

These general terms and conditions for photo use are enforceable against any person authorized to read and download the photos found in the photo library located on the Élitis website. The Élitis company’s  photo library consists of photographs of which the Élitis company is the copyright holder or assignee of the rights of reproduction, representation and adaptation in accordance with Book I of the Code of intellectual property rights, which allows it to authorize, prohibit or restrict the downloading and use of photos by a third party.
Any unauthorized use constitutes an infringement punishable by civil and criminal law.
Any order by clicking the "I agree" on the Élitis company website implies acceptance of terms and conditions of use in force which are referenced on the Élitis company website.
These T&C prevail over any other terms and conditions of purchase or use. Any contrary terms raised in objection by the buyer or user will be, therefore, in the absence of formal acceptance, unenforceable against Élitis, regardless of when they may have been brought to its attention. If any of the provisions of these Terms and Conditions should be or become invalid this shall not affect the validity of the remaining provisions.
Élitis reserves the right to change its terms and conditions at any time.
The general terms and conditions applicable are those in force on the date of the order placed by the buyer.

Orders

To be valid, online orders of photos must originate from persons authorized to download photos.
The Élitis Company’s photo library is not available for the benefit of consumers, apart from simply visiting the site, which offers free access exclusively to professionals under the following conditions
- For the benefit of the press, for writing articles on decorating
- For the benefit of decorating professionals to present their projects to their clients.
- For the benefit of the Élitis sales force and network customers
It is available for a fee for any other use by any other professional, retailer or distributor user and especially any advertising and marketing or sales use, which requires the Élitis company’s permission prior to any downloading regarding the scope of authorization and the price. Photo orders must specify the reference of each photo in question. Order cancellation will not be accepted on any grounds once the client has downloaded the photo. All orders are final and irrevocable, all change requests made by the buyer are subject to acceptance by Élitis.

Prices, billing and payment

Prices

Prices per photo are negotiated on a case by case basis depending on the authorized use.

Scope of authorization

Élitis reserves the right to authorize or prohibit the use of photos.
The specific authorization is limited in its scope.
The scope of authorization for use must be negotiated on a case by case basis with Élitis. It takes into account the respect of Élitis's image, the photo itself, and the absence of confusion in the public mind between Élitis and the user.

Guarantee

Élitis guarantees to be the holder or assignee of the intellectual property rights related to the photographic works made available for the duration and the type of authorized use.

Applicable law and settlement of disputes

The contract is subject to French law. In case of dispute concerning the interpretation or execution of the contract, the parties shall seek before any litigation, a mutual agreement and shall provide each other with all the necessary information. When failing to reach a mutual settlement of the dispute and in all cases of dispute and contestation of any kind the Court of Paris shall have exclusive jurisdiction.

Preserving the image of the Élitis brand, its products and brand reputation

Cost selling is prohibited under the conditions provided by law. Selling at predatory pricing and sales actions using particularly aggressive pricing are prohibited when performed in conditions that harm brand reputation and Élitis or characterize an act of unfair competition in respect to competitors. The resale of Élitis products on reseller websites should not create confusion in the public mind with the Élitis website and should not use distinctive signs, trademarks, trade names, names of identical or similar properties to those of Élitis or use in the conditions any information that creates confusion in the public mind.

I AGREE TO THE GENERAL TERMS AND CONDITIONS FOR PHOTO USE