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1. Object

The general conditions of sale apply to all service contracts and product orders concluded between the Customer (hereinafter “the Customer”) and Peggy Corsant (hereinafter “the Photographer”), entrepreneur registered with the Chamber of Trades and Crafts of Villefranche-tarare, SIRET 81015562200014, code APE 7420Z.

The reservation of a service (shooting, photo shoot, report, video, etc.) or the order of prints or any other printing work by the Customer signifies his full adherence to these T & Cs, except specific conditions agreed in writing between the Photographer and the Client.

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2. Rates

The sale prices are exclusive of tax (VAT not applicable, article 293 B of the CGI), as mentioned on the site or fixed within the framework of the free estimates. These prices are applicable at the time of booking the service or ordering additional products. The Photographer reserves the right to modify his prices and services at any time, without notice or compensation. A modification, upwards or downwards, may not however concern an estimate already signed by the Customer.

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3. Reservation

The reservation of a service by the Customer is only final upon receipt of the signed estimate including the words “Good for agreement” and any deposit agreed to by said estimate. Failing payment of the deposit within 7 days of receipt of the accepted and signed estimate, the Photographer is no longer obliged to reserve the date for the Client. This will result in either the cancellation of the quote or the reissue of a new quote.

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4. Presentation of the Photographer's production

After a photographic service, the Customer will receive an email with a link to an online gallery protected by password. The Customer will then have the possibility of ordering prints from the Photographer if he so wishes or if it has been agreed in the quotation.

As part of another type of service (video), the Customer will receive a link showing him the proposed production in order to carry out a series of returns, calling for a single batch of reasonable modifications or alterations, that is to say not requiring a new shot, nor to start from the beginning.

The deadlines below are given as an indication, and no compensation can be requested from the Photographer in the event of exceeding. They can also be much shorter:

- 10 days for a photo shoot or a report;

- 15 days for the editing of a video;

5. Order

Any order placed by the Client with the Photographer by means of a signed estimate is firm and final, and entails his acceptance of the GTC. No modification of the order may be made except by mutual agreement agreed in writing.

6. Payment

Unless the payment period is specifically mentioned on the estimate, the service concluded between the Client and the Photographer is to be paid on the day the work is returned. The possible deposit is then deducted from the total amount of the invoice. The Customer will then have to pay the outstanding balance.
Additional photographic prints, that is to say those which were not provided for in the initial quote for the service, must be paid for when ordering by the Customer, upon receipt of the new invoice issued by the Photographer. The Photographer will not process the order until payment has been received.

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7. Withdrawal period

In accordance with the Hamon Law 2014 (article L221-18 of the Consumer Code), the Customer has a withdrawal period of 14 days from the date of signing the quote, when it was "concluded remotely , following a canvassing by telephone or outside an establishment. »The Photographer must then return the sums paid within 14 days from the date on which he was informed of your decision to withdraw, by registered letter with acknowledgment of receipt.

The right of withdrawal does not apply to services fully performed before the end of the withdrawal period and whose performance has begun with the Customer's agreement or at his express request. It does not apply either to prints and other photographic products, considered to be clearly personalized (Article L121-20-2 of the Consumer Code).

8. Completion time

Unless there is an agreement on a date for the performance of the service specified in writing between the Client and the Photographer, the Photographer undertakes to perform the service within 20 days after receipt of the signed estimate.

For orders for prints and other photographic products, the production period begins from the date of receipt of full payment for the order. It takes up to 4 weeks. This deadline is given as an indication, and no compensation can be requested from the Photographer in the event of exceeding.

The Photographer reserves the right to extend this processing time by warning the Customer for clearly identified causes: period of overactivity, the Photographer's vacation, illness or accident, incidents due to the supplier (s).

9. Post-processing of files

The Photographer works exclusively with raw files, called “digital negatives”, which require post-processing time generally equivalent to the time devoted to the shooting (except for longer specific edits). This phase, as crucial and specific to the style of the Photographer as the shooting itself, makes it possible to obtain the quality images that the Photographer offers to the Client. The Photographer provides the Client with digital files in JPEG format, never his raw files in RAW format. The files are kept for 1 year by the Photographer, beyond that they may be destroyed.

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10. Modification and / or postponement

Any modification request (date, place, postponement, etc.) by the Client must be made at the latest 10 days before the scheduled date of the session, except in cases of force majeure. However, the postponement of the session must take place within 3 months of the date scheduled for the initial session, if the Photographer's schedule allows it. In the event of postponement, the Photographer cannot therefore be held responsible for the non-realization of certain particularities of the sessions (shooting frame, weather forecast, season, etc.)

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11. Intellectual property

The photographs taken during a session with the Client are protected according to the rules of articles L 121-1 and the law of March 11, 1957 (Code of Intellectual Property and Copyright). Even after transfer of the digital files, the photographs remain the intellectual property of the Photographer and are therefore not free of rights. Only the Client's image rights are inalienable to him. The commercial use by the Client of the images of his session is not authorized, and must be the subject of a new written agreement with the Photographer.

Any use of a photograph, whatever the use (competition, distribution, exhibition, reproduction, etc.) made without the written consent of the photographer constitutes an offense of counterfeiting, within the meaning of article L 335- 2 of the Intellectual Property Code, and is punishable by penalties of up to 3 years imprisonment and a fine of € 300,000.

On the other hand, when the Customer buys the digital files in High Definition, he is then authorized to print them, reproduce them and save them on any medium he wishes for a single conservation purpose, in an exclusively personal and private context.

For any public use on social networks, the Customer must mention the name of the Photographer ("Aurélien Audy") and add a link to the site .

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12. Image rights and Broadcasting authorization

The Customer retains his inalienable right to the image in all circumstances, all times and all places. The Customer declares to be of legal age, to pose freely for photos, and to authorize taking pictures. When the model is a minor, the legal representatives declare to be of age and authorize the shooting of their child (ren). By signing the estimate for the service, the Client authorizes the Photographer to use the images produced during his session for promotional purposes of his activity on various media (website, Facebook page, Instagram, advertisements, exhibitions, business cards, etc. .)

The Customer can oppose or limit this distribution by specifying it on the reservation contract.

In the case of a screening offered with a view to broadcasting, if the Customer ultimately opposes this broadcasting, a compensatory indemnity corresponding to the rates in force will be due.

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13. Applicable law

All the services provided by the Photographer are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator appointed by the organizations representing professional photographers. For all disputes relating to the application of these T & Cs or the services provided by the Photographer, the competent commercial court (Lyon) will be called upon to settle the dispute. See also the legal notices .


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