The 99 Cameras Club (99 CAMERAS in this document) offers individuals the opportunity to participate in the development and promotion of a private collection of 99 film cameras through the purchase of unique digital assets.
The 99 Cameras Club service is offered and operated by WALL BURNERS SAS, a company with a capital of 136,000 euros, whose head office is located at 38 rue Meslay – 75003 Paris, registered with the Paris RCS under number 907 706 543.
This service is intended for amusement and is in no way a financial investment.
99 CAMERAS uses proprietary technologies developed by WALL BURNERS SAS to create and market through a digital distribution platform unique assets, which cannot be reproduced and made tamper-proof by encryption through “Non Fungible Token” technology. (NFT) using the Ethereum blockchain.
For simplicity, the terms WALL BURNERS SAS and 99 CAMERAS will be used interchangeably in this document.
Important : WALL BURNERS SAS is incorporated under French law, hence the applicable Term & Conditions are available here in French. This document is faithful translation in English for international customers.
The Collection : Collection of 99 cameras object of the 99 CAMERAS project as described on https://99Cameras.club .
The cameras included in The Collection are made available exclusively and free of charge to 99 CAMERAS by their owner Mr. Federico Benincasa, born on October 12, 1973 in Geneva and residing in Paris. This provision does not imply any change of ownership of the devices.
The cameras included in The Collection being subject to change, The Collection refers to the most recent version of the list available at https://99cameras.club/discover-the-99-cameras
Shares : Internal units, specific to the 99 CAMERAS project to quantify access to the services offered by 99 CAMERAS. Shares are in no way securities or ownership title deeds of WALL BURNERS SAS or The Collection.
Collectible : Digital asset marketed in a limited series giving access through the 99 CAMERAS Application, to photographs, videos and other digital documents. To be able to be accessed, these elements require the use of the 99 CAMERAS Application.
Collectibles can be
- Minted (or NFT) : heir ownership is registered on the Ethereum blockchain.
- Non-minted : Their ownership is guaranteed by 99 CAMERAS without being registered in the blockchain. A Non-Minted Collectible can be minted into NFT by its Owner for Ethereum transaction fees: gas fees.
NFT : Collectible made tamper-proof by encryption through “Non Fungible Token” technology using the Ethereum blockchain.
Wallet : Encrypted digital wallet belonging to the Client, containing Ethereum (ETH) and able to accommodate Minted Collectibles (NFT).
99 CAMERAS only allows the purchase and transfer of NFTs on “Metamask” Wallets developed by ConsenSys Software Inc. Information and instructions relating to the installation and use of Metamask Wallets are available on the site: https ://metamask.io/
Owner : Person or entity owning a Share or a Collectible.
Seller Owner : Owner of a Minted Collectible (NFT) who puts it up for sale on the Marketplace.
Marketplace : Digital distribution platform belonging to 99 CAMERAS dedicated to the marketing of Collectibles.
Client : User identified and connected to the Marketplace through an identifier or Wallet.
99 CAMERAS application : Application for smartphone, downloadable free of charge, necessary to access the digital assets made accessible by the Collectibles and to benefit from all the associated functionalities.
First Market Offer : Sale of a Collectible never before marketed, by 99 CAMERAS on the Marketplace.
Second Market Offer : Re-sale of a Minted Collectible (NFT) by its Seller Owner on the Marketplace.
Order : Transaction of a Collectible
- Minted Collectibles (NFT) : Ethereum transaction initiated by a Client from his Wallet to transfer the ownership of a Collectible there in exchange for an amount in ETH.
- Non-Minted Collectibles : transaction initiated by a Client from the Marketplace, the purpose of which is to transfer ownership of a Collectible to him in exchange for payment in Euros.
- Minted Collectibles (NFT) : Registration operation in the Customer’s blockchain as the new owner of the NFT.
- Non-Minted Collectibles : Registration operation in the Client’s 99 CAMERAS database as the new owner of the Collectible.
Validated transfer :
- Minted Collectibles (NFT) : The Delivery is considered finalized and the Transfer effective once the presence of the new NFT ownership data in the blockchain has been confirmed. By the very nature of transactions on the blockchain, the Transfer time may vary, from the Order, from 1 to 30 minutes. This is an average time depending on the amount of “Gas fees” defined by the Customer when placing the Order.
- Non-Minted Collectibles : The Delivery is considered finalized and the Transfer effective once the presence of the new Collectible ownership data has been confirmed in its Collector’s Space.
Collector’s Area: Area with private access, dedicated to Owners allowing them to carry out day-to-day operations, provide up-to-date contact information and re-sell a Minted Collectible (NFT) as part of a Second Market Offer.
ARTICLE 1 : PURPOSE AND SCOPE
This document defines the general conditions of sale of the products and services offered by 99 Cameras Club and operated by the company WALL BURNERS SAS. Their purpose is to define the rights and obligations of the parties in connection with the online purchase of Collectibles by Customers and their re-sale by Seller Owners.
These general conditions of sale apply to any Customer, within the meaning of Article L. 121-16 of the French Consumer Code, and any sale of a Collectible through the Marketplace accessible on the site https://99Cameras.club and can be viewed and downloaded permanently at the following address: https://99Cameras.club/terms
Any online order from 99 CAMERAS requires the express and prior acceptance, by effective validation (“click”) of these general conditions. With this validation, the Customer expressly acknowledges that these general conditions of sale are binding on him and he waives the right to invoke any contradictory document, which would be unenforceable against 99 CAMERAS.
The Customer also acknowledges being fully informed of the fact that his agreement concerning the content of the General Conditions of Sale does not require the handwritten signature of this document, the sale being made electronically.
ARTICLE 2 : OPERATION OF THE 99 CAMERAS CLUB
99 CAMERAS offers individuals the opportunity to participate in the development and promotion of a collection of 99 film cameras.
2.1 Shares and Collectibles :
Participation in the project and access to the services it offers are through the acquisition of units called Parts. For the entire “99 Cameras Club” project, 99 CAMERAS offers a total of 15,000 identical Shares.
Clients can become Owners of 6,500 Shares by purchasing Collectibles on the Marketplace. Collectibles also provide Owners with Status in the 99 Cameras Club.
For all operations involving a proportionality linked to the number of shares held, the percentage will be calculated in relation to the total number of shares issued, i.e. 15,000. For example, owning 1500 Shares grants 1500 / 15000 = 10% of the income in the event of the sale of The Collection.
2.2 List of Collectibles :
Founder Cards :
Digital assets produced in 99 copies, acting as membership cards and granting its Owner the following advantages:
- 15 (fifteen) Shares
- “Founder” Status
- 5 (five) Camera Collectibles at random when they go on sale. These Collectibles will be made available for free in the form of unminted Collectibles. The owner will be able to transform them into NFT for free (except gas fees)
- Free allocation of Camera Collectibles upon presentation of proof of possession of a camera of the same brand and model as that represented by the Camera Collectible. Limited to 30 different Camera Collectibles per Founder Card
- Automatic Whitelist and 25% Discount on future purchase of Camera Collectibles.
- Mention of the name or brand of the Owner as “Founder” on the site as well as on any document containing the list of members
- Allocation of an exclusive book printed in 99 copies by the publisher Eyeshot, including the list of Founder Members. The list of members present in the book will be stopped 3 months before the distribution of copies of the book.
Creator Card :
Digital asset produced in 1 copy acting as a membership card granting its Owner the following advantages:
- 15 (fifteen) Shares
- “Creator” Status
- Mention of the name or brand of the Owner as “Creator” on the site as well as on any document containing the list of members
- Allocation of an exclusive book printed in 99 copies by the publisher Eyeshot, including the list of Founder Members. The list of members present in the book will be stopped 3 months before the distribution of copies of the book.
Camera Collectibles :
Digital assets produced in a total of 5000 copies individually reproducing the devices of The Collection, acting as a membership card and granting its Owner the following advantages
- 1 (one) Share
- “Member” status
The distribution of Camera Collectibles will be done gradually from April 2023.
The distribution of the exclusive book printed in 99 copies by the publisher Eyeshot will be done by mail to the address specified by the Owner in his Collector’s Space. No shipment will take place in the absence of such information.
The exclusive book will be sent directly by the Eyeshot SPA company between June 1 and December 31, 2023. In the event of failure to send this within the dates mentioned, or cancellation of the production of the book by Eyeshot, 99 CAMERAS will provide a book of equivalent quality or reimburse 30% of the amount paid by the Owner for his membership card.
99 CAMERAS reserves the right not to put on sale all of the Collectibles mentioned or to market additional Shares at any time without however exceeding 15,000 Shares.
The Shares will remain the property of 99 CAMERAS until they are effectively acquired by the Clients.
2.3 Benefits related to Shares :
2.3.1 In the event of the sale of the Collection :
In the event of sale of The Collection or transfer of the 99 CAMERAS project as a whole, each Collectible Owner will receive a fraction of the profits proportional to the Shares he owns.
It is understood that 99 CAMERAS undertakes to keep The Collection united and to sell it only as an indivisible lot.
2.3.2 In the event of exploitation of The Collection :
99 CAMERAS will engage The Collection in activities that may generate benefits, such as, exhibitions, collaborations or the production of derivative products.
Part of the profits made by these operations may be paid back to the Owners in proportion to the Units they hold on the day of the distribution.
The total amount, the date and the form of the repayment possibly distributed to the Owners will be defined by 99 CAMERAS annually. The amount and individual payment terms will be announced one month before the distribution date.
2.3.3 Right to vote :
In the event of a vote initiated by 99 CAMERAS on its various digital platforms, to decide on the development of the project, each Share gives its Owner one vote.
99 CAMERAS will not make any monetary payment in any form whatsoever, the amount of which is less than €50. In the event that the Owner should receive an amount of less than €50, this amount will be replaced by an advantage of equivalent value (gift voucher, advantage or derivative product).
It is understood that the signing of this contract does not imply any guarantee of repayment or income present or future to the Owners in any form whatsoever.
2.4 Use of funds collected by 99 CAMERAS :
99 CAMERAS will collect payments from Owners in Euros or Ether and will keep 10% of the sums for technical management costs of the Marketplace.
With the remaining sums , 99 CAMERAS undertakes
- To diligently carry out the 99 Cameras Club project in the interest of Owners
- To maintain, host and develop The Collection to increase its value.
- To take the following actions in particular:
- Purchase of devices of higher value to replace those present in the collection
- Have devices requiring such operations repaired.
- Produce collectibles for Owners (e.g. books or derivative products).
- Undertake digital communication (through the site and social networks) and physical communication (presentations and exhibitions) in order to publicize and grow the initiative.
- To negotiate benefits for Owners with partner companies.
- To keep the Owners regularly informed of the activities undertaken.
- To allow Owners to express their votes, in proportion to their Shares, on strategic subjects for the collection (such as major partners or resale) through an electronic platform such as Discord or Twitter.
- To maintain, support and develop the Marketplace as well as the 99 Cameras application
Shares are internal units associated with the project as a whole and do not give any right of ownership or access to the individual cameras that make up The Collection. Shares are in no way ownership titles of WALL BURNERS SAS.
Any camera that leaves The Collection following its replacement is no longer subject to the constraints of this contract.
The Shares as well as the advantages associated with the Collectibles will be allocated to the client throughout the period during which he is the Owner.
Ownership of Units and Collectibles will be evidenced either by the presence of the corresponding Minted Collectible (NFT) on the Owner’s Wallet or by the presence in the 99 CAMERAS database of proof of ownership of the Non-Minted Collectible by the Owner.
2.5 Launch, Duration and Termination :
99 CAMERAS has an official launch date of March 1, 2023 and aims to expand its activity over the long term for the benefit of its members.
However, 99 CAMERAS reserves the right to cease its activity if it considers that the conditions are no longer met to carry it out. In this case, 99 CAMERAS will reimburse its members for the sums collected for the Founder Cards in the following proportions : 100% if the termination occurs less than 6 months after the launch date, 50% if it occurs less than 12 months later. Beyond 12 months, no refund will be made
ARTICLE 3 : NEED TO DOWNLOAD THE 99 CAMERAS APPLICATION
The Customer acknowledges having been informed of the need to have the 99 CAMERAS Application in order to be able to fully exploit the information contained in the Collectibles. The 99 CAMERAS application is free and downloadable through download platforms.
The Customer acknowledges having read and accepted the procedure to be followed to download the 99 CAMERAS Application and access the content of the Collectible through it. This procedure is accessible at the following address https://99Cameras.club/help
The Customer also acknowledges that the fact of not having the 99 CAMERAS Application for any reason whatsoever (for example: due to technical incompatibility, download error or bug) cannot represent a total or partial cancellation of this CONTRACT.
ARTICLE 4 : PURCHASE OF A COLLECTIBLE
99 CAMERAS presents on its website the Collectibles for sale with the necessary characteristics that allow compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential Customer to know before taking the final order the characteristics essentials of the property he wishes to buy
The number of sold copies of each Collectible is indicated to the Customer on the 99 CAMERAS Marketplace before the sale. The corresponding Collectible purchased by the customer then includes a unique serial number.
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer acknowledges having taken, prior to placing an Order for a Collectible, knowledge on the Website:
- of the different steps to follow to conclude the contract with 99 CAMERAS / WALL BURNERS
- technical means allowing him, before the conclusion of the contract, to identify the errors made in the entry of data and to correct them;
- the language proposed for the conclusion of the contract;
- in the event of archiving of the contract, the terms of this archiving and the conditions of access to the archived contract;
- the means of consulting electronically the professional and commercial rules to which the author of the offer intends, where applicable, to comply.
In accordance with the provisions of article 1127-2 of the Civil Code, the Customer acknowledges having been able to check the details of his Order and its total price, and to correct any errors, before confirming them to express its acceptance.
The sale will be considered final upon the Validated Transfer of the Collectible to the Customer.
The Collectibles will remain accessible via the address contained in each Collectible in order to guarantee their authenticity, inviolability and permanence.
ARTICLE 5 : PLACING OF ORDER
The Customer places an Order according to the procedure proposed on the Collectible page on the 99 CAMERAS Marketplace.
The fact of placing an Order and ticking the box “I accept the general conditions of sale” during the ordering process implies the customer’s full and complete acceptance of these general conditions of sale, without reservation.
The Customer declares to have the full legal capacity allowing him to engage under these general conditions. No particular condition can, except formal and written acceptance of 99 CAMERAS, prevail against the present ones.
All contrary conditions opposed by the customer will therefore, in the absence of express acceptance, be unenforceable against 99 CAMERAS, regardless of when they may have been brought to its attention. The fact that 99 CAMERAS does not expressly take advantage of any of the provisions of these general terms and conditions of sale cannot result in any waiver by 99 CAMERAS of their benefit. 99 CAMERAS may refer to it at any time for application.
The offers offered on the 99 CAMERAS Marketplace include the following elements: the identification of the seller (or the unique identifier of the Wallet for a Selling Owner), the price, any costs, the terms of payment, the terms of Transfer, the absence of right of withdrawal, the period of validity of the offer and this in a clear, understandable and unequivocal manner in accordance with article L.121-18 of the Consumer Code.
Proof : The Validated Transfer of the Collectible to the Customer constitutes proof of all transactions made between 99 CAMERAS (or the Owner Seller) and the Customer.
Information : The consumer verifies the completeness and conformity of the information he provides when ordering.
Delivery : The Validated Transfer of the Collectible to the Customer constitutes irrevocable acceptance of the thing delivered and recognition of the proper execution by 99 CAMERAS (or the Seller Owner) of its obligation of delivery and compliance.
ARTICLE 6 : TERMS OF PAYMENT
The price is payable in Ether (ETH) or in Euros, in cash, on the day the order is placed, by secure payment through the Customer’s Wallet or a bank payment card.
In order to make payments under good conditions, the Customer is solely responsible for informing and updating the contact details and information associated with his Wallet or his bank card.
At no time can the sums paid be considered as a deposit, the contract being concluded firm, except for the right of withdrawal established by law.
ARTICLE 7 : RETENTION OF OWNERSHIP CLAUSE
The Collectibles remain the property of 99 CAMERAS (or of their current Selling Owner in the case of Second Market Offers) until full payment of the order. However, from the Transfer of the Collectible to the Customer, custody and risk of the goods delivered are transferred to the customer.
ARTICLE 8 : SALE OF A DIGITAL COLLECTIBLE ON THE SECOND MARKET
Any owner of a Collectible can put it back on sale on the 99 CAMERAS Marketplace as long as it has been Minted, that is to say transformed into NFT thanks to the “Mint” function available in his Collector Space.
The client acknowledges having read the need to provide the 99 CAMERAS Marketplace with a functional Wallet Metamask to carry out the Mint operation and therefore to take advantage of the second market service.
The 99 CAMERAS Marketplace allows the Selling Owner to put an NFT up for sale and set the selling price required directly in his Collector’s Space. This sale price will be expressed in Ether and will include VAT and any applicable tax.
These general conditions of sale only apply to the resale of Minted Collectibles (NFT) through the 99 CAMERAS Marketplace. In the event that the Seller Owner decides to re-sale an NFT on an NFT platform other than the 99 CAMERAS Marketplace, 99 CAMERAS cannot be held responsible for the outcome of this sale or its financial or legal consequences and will not be liable in any way for any damages.
Resale Fees : The Selling Owner acknowledges having been informed that the 99 CAMERAS Marketplace will retain a 5% commission when reselling an NFT on the Second Market and that the amount in Ether he will receive on his Wallet will only represent 95 % of the sale price that he entered in his Collector’s Space. It is in fact agreed by the parties that the Customer’s payment is made on the Wallet of 99 CAMERAS which will transfer the price less its commission to the Wallet of the Seller Owner.
The Selling Owner has the possibility of modifying the selling price required and canceling the sale of the NFT sound through the interface of the 99 CAMERAS Marketplace at any time preceding the placing of an Order by a customer.
99 CAMERAS will not provide the customer with an invoice for a sale on the Second Market. The Customer is invited to contact the Selling Owner to obtain any additional document relating to the transaction. 99 CAMERAS has no other additional obligation in this regard.
It is understood by the Client as by the Owner Seller that the transactions resulting from Second Market Offers being carried out directly between the Owner Seller and the Client, 99 CAMERAS cannot be held responsible for the consequences of the transactions carried out via the Marketplace or for any non-execution by either party
ARTICLE 9 : PRICE OF COLLECTIBLES
The prices of the Collectibles are expressed and all taxes included (TTC) in Ether (ETH) and in Euros.
Prices in Ether are denominated excluding any costs inherent in the use of Blockchain technology. In particular, the prices do not include any “Gas Fees” necessary for the Transfer of the NFT through a transaction in the Ethereum Blockchain. These additional costs are the responsibility of the Customer and are in addition to the price paid to 99 CAMERAS or the Seller Owner.
9.1 First Market offers :
The price is set by 99 CAMERAS, which reserves the right to modify it at any time but undertakes to apply the prices indicated at the time of the Order.
The invoice will be sent to the customer on request by email and will include the actual amount of the transaction expressed in Euros as well as the amount of VAT applied.
In the case of a purchase in Ether (ETH), the Customer acknowledges that in view of fluctuations in the price of Ether, the price presented on the invoice may present a significant variation compared to the price at the time of the Order. 99 CAMERAS cannot be held responsible for this difference or more generally for the risks associated with the cryptocurrency market.
9.2 Second Market Offerings (Minted Collectibles only) :
The selling price is set freely by the Selling Owner from his Collector’s Space and the Transfer takes place directly between the Wallet of the Selling Owner and that of the Customer.
99 CAMERAS receives a commission of 5% including tax from the transaction, part of which will be paid to the artist.
ARTICLE 10 : SCOPE OF RIGHTS ON COLLECTIBLES
Once the Transfer is Valid, the Customer who has become the owner of the Collectible is granted by 99 CAMERAS the following exclusive rights to the digital assets contained in the collectible (images, videos):
- Right of representation through the 99 CAMERAS application in the private circle or any other representation free of charge
- Right to lend or rent for representation by third parties free of charge through the 99 CAMERAS application
When the Collectible is resold by a Selling Owner, the latter loses the above rights to the new owner.
ARTICLE 11 : CONTRACTUAL DOCUMENTS AND ENTRY INTO FORCE
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; . In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
These general conditions apply on the date of the Validated Transfer of the Burn to the Customer’s Wallet. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed.
ARTICLE 12 : RESPONSIBILITY
99 CAMERAS can not be held responsible for the non-performance of the contract concluded in the event of force majeure, fortuitous event, disruption of the Internet network.
The choice and purchase of a product are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to the incompatibility of its equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of 99 CAMERAS.
In accordance with article 4 of decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold. .
99 CAMERAS cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products or services that he plans to order.
Hypertext links may refer to sites other than this site. 99 CAMERAS disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
If you wish to exercise the warranty, simply contact the after-sales service
- priority by email: support@99Cameras.club
ARTICLE 13 : EXCLUSION OF GUARANTEE
A breakdown or breakage caused by negligence, deterioration, or improper use excludes the guarantee.
ARTICLE 14 : RIGHT OF WITHDRAWAL
As Digital Collectibles are digital content not provided on a material medium, the enjoyment of which begins immediately after their Validated Transfer, the Customer explicitly acknowledges that the consumer’s right of withdrawal cannot be exercised for this type of contract (Art. L221-28 of the consumer code).
ARTICLE 15 : COMPUTER PROVISIONS AND FREEDOMS
In application of law n° 78-17 of January 6, 1978, it is recalled that the personal data which may be requested from the customer are necessary for the processing of his order and the establishment of invoices in particular.
The processing of the information thus communicated has been declared.
The customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
ARTICLE 16 : COMPANY DETAILS
Headquarters : WALL BURNERS, 38, rue MESLAY – 75003 Paris
- by e-mail email@example.com
- by mail: WALL BURNERS, 38, rue MESLAY – 75003 Paris
ARTICLE 17 : APPLICABLE LAW
Any sale concluded with WALL BURNERS is subject to French law. This is the case for the rules of substance as well as for the rules of form.
In the event of a dispute, the French courts will have sole jurisdiction. In the event of a dispute or complaint, the consumer will first contact WALL BURNERS to seek an amicable solution.
ARTICLE 18 : INTELLECTUAL PROPERTY
All of the content (texts, comments, works, illustrations, images, etc.) displayed on this site is reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the intellectual property code. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from WALL BURNERS. Any total or partial reproduction of the collection is strictly prohibited.
The general design, as well as the texts, images, whether animated or not, sounds, know-how and any other element making up the site are the exclusive property of WALL BURNERS and/or its suppliers.
This entire site is subject to French legislation on copyright and intellectual property. The same applies to the databases appearing on the website, which are protected by the provisions of the law of July 1, 1998 (article L112-3), and of which WALL BURNERS is the producer.
Reproduction of all or part of this site (other than technically necessary for its consultation) on any electronic medium whatsoever is expressly prohibited.
The reproduction of an element of this site on a paper medium is authorized, subject to compliance with the following two conditions:
- respect for the integrity of the documents reproduced: no modification or alteration of any kind,
- clear and legible citation of the source in the following form – for example -: “this document comes from the site ” 99cameras.club “. Reproduction rights reserved and strictly limited”.
The website address “99cameras.club” must always appear in the reference.
The use of the content of the site in contravention of these prescriptions constitutes counterfeiting within the meaning of article 335-2 of the Intellectual Property Code.
In addition to damages for civil liability, it may be penalized with a fine of 300,000 euros and/or 3 years’ imprisonment.