General Terms and Conditions for the On-line Supply of Satellite Photos 

1 - DEFINITIONS
1.1 CLIENT: refers to any person placing an order on the WEBSITE, for a SATELLITE PHOTO.  If the CLIENT is a legal entity made up of several establishments, or, for public bodies, if they are made up of several entities, it shall be defined as being only the establishment or entity whose registered address is the same as the delivery address for the SATELLITE PHOTO, or alternatively, in the case of downloading, whose registered address is the same as the address given for invoicing.
1.2 GENERAL TERMS AND CONDITIONS: refers to these general terms and conditions for the on-line supply of SATELLITE PHOTOS.
1.3 SATELLITE PHOTO: refers to any satellite imagery product offered on the WEBSITE in the form of a digital file or on paper, which is likely to be ordered on the WEBSITE.
1.4 POSTER: refers to any satellite image product printed on paper and offered for sale on the WEBSITE.
1.5  WEBSITE: refers to the Spot Image website, accessed through the URL http://gallery.spotimage.com.

The CLIENT asserts that he/she has the legal capacity to enter into a contract for any order placed on the WEBSITE.

2 - GENERAL PROVISIONS
The supply of all SATELLITE PHOTOS on the WEBSITE is governed by the GENERAL TERMS AND CONDITIONS.  The GENERAL TERMS AND CONDITIONS are deemed to have been irrevocably accepted by any CLIENT placing an order on the WEBSITE.  Any conflicting clause or condition appearing in any correspondence or on any order form sent by the CLIENT to Spot Image shall be ineffective against Spot Image.  The GENERAL TERMS AND CONDITIONS may be modified at any time; the applicable version is the one available on the WEBSITE at the time the order is placed.

3 - ORDERS 
All orders shall be placed from the account created by the CLIENT on the WEBSITE.  The CLIENT shall be responsible for ensuring that all information entered when creating his/her account is correct. When the CLIENT validates the payment conditions stipulated on the WEBSITE, he/she irrevocably accepts the order conditions. Spot Image confirms all orders placed on the WEBSITE by sending an order confirmation to the CLIENT in an e-mail.

4 - DELIVERY
4.1 SATELLITE PHOTOS ordered in a digital format shall be downloaded from the CLIENT's account page.  The CLIENT shall have a maximum of ten (10) days, starting from the date of the order confirmation e-mail, in which to download the SATELLITE PHOTOS ordered, limited to a maximum of three downloads per SATELLITE PHOTO.

4.2 The POSTERS shall be delivered to the delivery address given by the CLIENT when placing the order. Spot Image shall endeavour to meet the delivery dates specified on the WEBSITE. The CLIENT shall check the contents of the package and the state of the POSTERS on delivery in order to detect possible damage which it may have suffered during transport and shall immediately state any relevant reservations to the carrier on delivery, or alternatively within three days by sending a recorded delivery letter to the carrier.

5 - PRICES
The prices displayed on the WEBSITE are given in Euros, inclusive of all French taxes, and inclusive of delivery costs. The applicable price for each order is the one given on the WEBSITE on the day the order was placed.  The prices given on the WEBSITE may be revised by Spot Image at any time and without prior notice.

6 - CUSTOMS DUTIES - TAXES
Any order placed on the WEBSITE using a computer located in a territory outside the European Union may be subject to the applicable taxes and/or customs duties of that territory.  These taxes and/or customs duties are payable by the CLIENT and are his/her sole responsibility.

7 - LICENCE
7.1 For any SATELLITE PHOTO paid for and downloaded by the CLIENT, Spot Image grants the CLIENT a non-exclusive and non-transferable licence permitting him/her to:
(a) make copies of the SATELLITE PHOTO  (i) for installing and printing the SATELLITE PHOTO as stipulated in paragraphs (b) and (c) below and (ii) for archiving purposes and computer backups;
(b) install the SATELLITE PHOTO on as many personal computers as may be needed in his/her premises for authorised uses as stipulated in paragraphs (c) and (d) below;
(c) print the SATELLITE PHOTO;
(d) represent the SATELLITE PHOTO and, if relevant, any prints of the SATELLITE PHOTO strictly for internal use of the CLIENT and on a non-commercial basis.

7.2 For any POSTER which has been duly paid for by the CLIENT and delivered to him/her, the CLIENT shall be entitled to represent the POSTER for internal use of the CLIENT and on a non-commercial basis.

7.3 Any rights not expressly granted by Spot Image under this Article 7 are reserved by Spot Image.  Any other use, and in particular any commercial use, any linear extraction, any modification with the aim of representing or disseminating to third parties, in an unaltered state or as derived products, in any form or by any means or technical process whatsoever, requires the prior written authorisation of Spot Image, and is subject to the payment of fees relating to the intended use.

THE CLIENT IS EXPRESSLY PROHIBITED FROM PUTTING PART OR ALL OF ANY SATELLITE PHOTO ONLINE, OR TRANSFERING, SHARING OR DISSEMINATING IT IN ANY OTHER WAY ON THE INTERNET.

8 - PAYMENT
Payment must be made in Euros, using a bank card. Transactions are protected by the Natixis Cyberplus Paiement system.  All bank details transmitted by the CLIENT are encrypted to preserve their confidentiality.  Orders are registered and confirmed once payment has been accepted by the Natixis Cyberplus Paiement secure bank server.

9 - RIGHT OF WITHDRAWAL
9.1 In accordance with article L121-20 of the French Consumer Code, the CLIENT, when he/she is a consumer as defined in the Code, is entitled to a period of seven (7) working days as of the date of delivery of a POSTER, during which he/she may demand that the contract be cancelled and the purchase reimbursed, without giving a reason therefore or incurring a penalty. Any POSTER for which the CLIENT wishes to apply his/her right of withdrawal, shall be returned to the following address:  Spot Image S.A., SPOT GALERIE, 5 rue des Satellites, BP 14359, 31030 Toulouse Cedex 4, France. Return postage shall be at the CLIENT's expense.

9.2 Concerning SATELLITE PHOTOS which have been downloaded from the SITE, the CLIENT explicitly accepts to renounce, when placing an order on the SITE, his/her right of withdrawal, as stipulated in article L121-20-2 of the French Consumer Code.

10- LIABILITY - GUARANTEE
10.1 The CLIENT alone shall be responsible for the way he/she uses the SATELLITE PHOTOS marketed by Spot Image, and Spot Image shall not be held liable in any way for the suitability or otherwise of these SATELLITE PHOTOS for any use whatsoever.
10.2 Since SATELLITE PHOTOS are complex products, Spot Image cannot, under any circumstances whatsoever, guarantee them against defect.  The Spot Image guarantee is limited to either replacement or reimbursement, according to Spot Image's preference, of any SATELLITE PHOTOS carrying an obvious bad workmanship defect, with the exclusion of  any indemnity or damages.  Any claims concerning obvious defects or non-conformity of the SATELLITE PHOTO delivered with the one which was ordered, shall be sent within ten (10) days of delivery, by e-mail to the Client Service department (gallery@spotimage.fr) or by writing to the following address: Spot Image SA, SPOT GALERIE, 5 rue des Satellites, BP 14359, 31030 Toulouse Cedex 4, France.
10.3 Under no circumstances may Spot Image be held liable for any indirect and/or immaterial losses such as loss of profit, production losses, operating losses, loss of data or information, loss of rights, interruption of a service provided, etc, incurred by the CLIENT or any third parties.
10.4 The provisions of this article 10 are without prejudice to the guarantee of conformity and the guarantee against hidden defects as stipulated in articles 1641 and following of the French Civil Code applicable to the sale of POSTERS.

11 - INTELLECTUAL PROPERTY
11.1 - Copyright
The French Space Agency (Centre National d'Etudes Spatiales - CNES) is the sole holder of the copyright on the SPOT® data. The SATELLITE PHOTOS are produced from this data. The CLIENT hereby acknowledges Spot Image's right to protection against the non-authorized reproduction and/or representation of the SATELLITE PHOTOS under French copyright legislation and according to the terms of the international conventions applicable. Consequently, the CLIENT has no proprietary right and commits himself to respect the intellectual property rights and patent rights held by Spot Image and hereby authorizes Spot Image to make sure, by any means whatsoever, that this commitment is respected.

11.2  Protection of data bases
The CLIENT hereby acknowledges the right of Spot Image and the CNES to the protection against the non-authorized re-use or extraction of the data which constitute the SATELLITE PHOTO or of a substantial part of a SATELLITE PHOTO, whenever this SATELLITE PHOTO is a database within the meaning of articles L 341-1 to L 343-4 of the Intellectual Property Code, as modified by the law of 1st July 1998.
11.3 - Brands
The CLIENT hereby acknowledges that the trademarks registered by Spot Image are owned by the latter.  The supply of SATELLITE PHOTOS by Spot Image to the CLIENT does not entitle the latter to use the brands and/or logos, particularly those of SPOT® and Spot Image®.

12 - FORCE MAJEURE
Spot Image cannot be deemed to have failed to meet its contractual obligations if these failures are due to a case of Force Majeure. Force Majeure refers to any event of any kind whatsoever that is beyond Spot Image's reasonable control: in particular any failure of a SPOT satellite or the SPOT system, any natural disasters, Internet failures, bad weather, fire, collective employment disputes, strikes, sabotage, embargoes, interruptions or delays in transport systems or communications media, wars, laws or regulations passed by the French government or public authorities, which may arise after the order was placed and prevent it from being met, either partly or fully.

13 - JURISDICTION - APPLICABLE LAW
Subject to the applicable mandatory provisions, any dispute between the parties shall be referred exclusively to the courts of France.
These GENERAL TERMS AND CONDITIONS are governed by the laws of France.

14 - PROOF
Unless there is evidence to the contrary, the data recorded by Spot Image directly or via the secured payment website on behalf of Spot Image, shall be legally binding proof of all transactions between Spot Image and the CLIENT, performed via the WEBSITE.

15 -  PERSONAL DATA - RIGHT OF ACCESS
In accordance with the provisions of the French law concerning data protection (Loi Informatique et Liberté), the CLIENT has the right to consult, correct and object to any data concerning him/her, which is used to process his/her orders.  If the CLIENT wishes to exercise any of these rights, he/she must contact the Client Service department at Spot Image by e-mail (gallery@spotimage.fr), or by writing to Spot Image SA, Commerce Electronique - 5 rue des Satellites, BP 14359, 31030 Toulouse Cedex 4.

SPOT Gallery Assistance (+33) 562194040
www.spotimage.com
Spot Image - France
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