General terms and conditions of sale
These general conditions of sale create a legal agreement and apply to all orders and all sales of services and products concluded between the customer and the photographer Virginie Templier - 241 rue Marcel Cerdan 34400 SAINT-JUST.
The photographer reserves the right to change at any time these terms and conditions. Each order is governed by the general conditions applicable on the date of the order.
Article 1 : object
Virginie Templier offers private and public photography services as presented on its website www.virginietemplier.com.
Booking a service is equivalent to placing an order by the customer and entails unconditional adherence to these terms and conditions of sale, unless special conditions agreed by the photographer to the customer.
Any other document than the present terms and conditions of sale and in particular catalog, prospectus, advertisements, notices, has only an informative and indicative value, not contractual.
The present general conditions of sale form an indivisible contractual document with the contract of the service signed by the customer.
Article 2 : order
The booking of a photographic service is done in person by appointment, by email or by phone (according to the contact information provided on the website of the photographer).
All orders are accepted upon receipt of the deposit payment and must be validated by a contract signed by the customer including practical information (date, location ...). This contract can be signed online via the platform fotostudio.io or returned signed to the photographer by email or mail.
In the absence of payment of the deposit and receipt of the contract within 20 days after the sending of the contract by the photographer, the photographer does not undertake to keep the date.
Article 3 : rates and payment terms
The prices are displayed including all taxes and depend on the rates applicable on the date of the order. If they are brought to vary thereafter, any service previously fixed will keep the rate applied when the order is taken.
Travel or accommodation expenses may be applied. They will then be included in the quote.
The estimates established by the photographer are valid for 30 days.
The payment of the deposit will be required to validate an order. It can be paid by credit card, Paypal or check.
The balance of the service will be paid by the customer by credit card, cash, check or Paypal, no later than the day of the service.
The non-payment of the balance leads to the cancellation of the contract, without refund of the deposit. The realization of the service as well as the final delivery of the photos will thus be done only when the service is completely paid.
Article 4 : modification of the service
Any request for modification of a service requested by a client can only be taken into account if the request is sent by SMS to the photographer at least 30 days before the scheduled date of the service.
In accordance with the legal provisions in force, the customer has a withdrawal period of 14 working days from the day after the conclusion of the order. Any request for withdrawal made within this period will result in the refund of the deposit. Unless the service has already been completed in full or in part.
In case of cancellation of the reservation of a photographic service that has become final, it is recalled that in accordance with legal provisions, the amount of the deposit will not be refunded, except in cases of force majeure for the customer.
Article 5 : realization of the service
The photographs are taken by Virginie Templier or, in case of major impediment, by any other photographer appointed in agreement with the customer.
The photographer is not subject to an obligation of result. She makes every effort to provide quality images, as stipulated in the order and visible on the site www.virginietemplier.com. The content of these images is left to the artistic appreciation of the photographer.
Consequently, customers acknowledge that the photographs are not subject to rejection based on the customer's tastes.
Article 6: obligations of the customer
The time fixed for the service is imperative and any delay of the customers could be imputed of the time beforehand agreed for the session.
Clients declare that they are of legal age, that they are free to pose for photos and that they authorize their children to be photographed on the day of the session.
The photographer will not be hindered by amateur photographers during the session.
The children present during the photographic services remain under the entire responsibility of the parents. In case of material damage caused by
by the client or the child or any other person present, these will have to be reimbursed in their completeness.
Article 7 : post-processing
The photographer never delivers raw photographs. The post-processing, as well as the shooting, is specific to the photographer and is an integral part of her work, her style and her artistic universe. The photographer is the only one to decide on the post-processing she will apply.
Any additional retouching requested by the client will be accepted or not by the photographer who reserves the right to charge the additional work per image according to the current rates.
Only the photographs processed by the photographer will be usable by both parties.
Article 8 : delivery
Virginie Templier makes every effort to meet the delivery of photos as soon as possible (delivery of the gallery within 3 months).
A delay in delivery or performance can not be invoked by the customer to request the termination of the contract, claim damages or make any other claim.
The selected and retouched photos are given to the customer on a USB key for weddings, and/or via a WEB gallery.
The delivery of digital files is done in the form of JPEG files. The other files are the property of the photographer and will not be given to the customer.
Article 9 : retention period
As of their delivery to the client, the photographs are kept and archived under their entire responsibility. The client is invited to make backups on various media.
The photographer is not responsible for any loss or damage to the digital files given to the client. However, the files remain available for 1 year and can be sent back if necessary.
Article 10 : responsibilities
10.1 Adverse weather conditions
In the event of adverse weather conditions such as storms, heavy rain, etc., the photographer can not be held responsible for the non-performance or partial performance of the outdoor services initially provided in the order.
No refund will be made.
10.2 Force majeure or illness
Is considered as force majeure an unforeseeable external event that makes it impossible to perform the service (accident, death of a parent ...). Either party may assert this right if the force majeure is characterized.
Virginie Templier reserves the right to cancel or postpone a photographic service in case of force majeure or illness. Such a cancellation will not engage its responsibility or give rise to the payment of damages in any capacity whatsoever. In the case of a wedding, the photographer will do her best to help the client find another service provider available to carry out the service.
The totality of the amounts paid will then be refunded without giving rise to the payment of damages for any reason whatsoever.
10.3 Technical problems and accidents
In the event of a technical problem with the photographic equipment or an accident of any kind during the service that prevents the photographer from delivering the work requested, the full amount paid will be reimbursed, without giving rise to the payment of damages on any account whatsoever.
In case of loss or damage of the photos before their delivery (burglary, fire...), the client will only be entitled to a refund of the service.
Article 11 : intellectual property
The photographs taken during a service with the customer are protected according to the rules of the articles L 121-1 and the law of March 11, 1957 (Code of the Intellectual property and Copyright).
Even after transfer of the digital files, the photographs remain the intellectual property of the photographer and are consequently not free of rights. The commercial use by the Client of the images of his session is not authorized, and must be subject to a new written agreement with the photographer.
Any personal use of a photograph, whatever it is and whatever the use (publication on the Internet, exhibition ...) must mention the name of Virginie Templier.
The customer holds the rights to print and reproduce the photos for private use only unless otherwise agreed.
Article 12: image rights
The photographer reserves the right to use the photographs she has made for the purpose of promoting his business (website, social networks, exhibitions ...). The client must agree or disagree at the time of signing the contract of image rights.
In case of refusal, the client cannot refuse the use of photos on which he is not recognizable. Similarly, any photo published publicly (internet, social networks ...) by the client may be used by the photographer.
Article 13 : personal data
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The personal information collected when placing an order is intended exclusively to ensure customer management and in particular the follow-up of reservations in order to ensure the proper execution of the service ordered.
The photographer undertakes not to communicate this information to third parties for any reason whatsoever.
Article 14 : Applicable law
The contractual relations between the parties to which the present general conditions apply are governed exclusively by French law.
Any dispute relating to the formation, execution or interpretation of these terms and conditions as well as any agreement to which they apply, will, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts and more particularly the courts of Montpellier.
The customer acknowledges having read the above general terms and conditions of sale.