General Conditions of Use and Sales
I. Purpose
The general conditions of use and sales (hereinafter "CGUV") apply to all orders for services concluded between the Client (hereinafter "the Client") and Studio Tendances Paris (hereinafter "the Photographer »)
Email: studiotendances.web@gmail.com
Telephone: 06.09.88.34.04
Booking a photo shoot online entails full acceptance of these T & Cs, unless special conditions have been agreed in writing between the photographer and the client.
II. Quote and Order
The Photographer makes one or more quotes free of charge, on request.
Any estimate signed by the customer takes the place of an order form.
Any order placed by the customer is firm and final and entails its acceptance of the CGUV.
The customer will affix his signature on the estimate preceded by the mention "good for execution". No modification of the order can be made except by mutual agreement and after modification of the estimate by the photographer.
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III. Price
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The service will be provided for a fixed price corresponding to each service provision, price indicated on the site.
Prices are exclusive of tax (VAT not applicable, article 293 B of the General Tax Code)
Each photo selected by the customer on the day of the photo shoot will be at a single price per photo of 5 €
The Photographer will charge travel costs (1 € / km) and / or accommodation if she has to travel.
The prices are those valid on the date of the order. The photographer reserves the right to modify its prices and services at any time, without notice.
IV. Payment
- Studio Tendances Paris accepts online payments only by card. The reservation must be fully paid from the website, failing this, the service cannot be carried out.
No discount for cash payment can be granted.
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V. Payment and delivery of photos
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- All photos will be selected by the client on the day of the service after the photo shoot has been completed. Payment for these photos is made the same day in full after this selection and can not be postponed under any circumstances.
- The price is calculated according to the number of photos selected by the customer (5 € per additional photo). The purchase of additional photo is not compulsory.
- In the event of non-payment on the day of the service, the photos cannot be provided to the customer. The latter must be able to pay in full for the photos he wishes to purchase on the day of the service and may in no case defer payment for them.
-A limited number of photos are offered depending on the service booked.
- All the photos will be sent by email to the customer. These will be downloadable from a wetransfer link. This link will be provided within 2 weeks. The photographer remains in contact with her clients during the processing period.
- This photo will remain available 1 week after the date of sending the email to the customer.
-The customer is required to download these photos before the expiration date of the link in the email. If the customer does not upload the photos before the link is removed, they will be solely responsible for the loss of the photos.
- A new wetransfer download link may be requested by the customer, but the deadline for sending the new photos download link is not defined and may not be sent immediately.
VI. Conditions
- The Client (s) declare (s) to be of legal age and to pose freely, voluntarily and according to the style he (s) wish (s);
- In the context where the client is minors and wishes to book a session, the presence of one of the parents or a legal representative is mandatory.
- Parents authorize the shooting of their child (ren). (if one of the parents is a minor, the signature of the latter's parents or legal representatives is required).
- The Photographer undertakes to process the photographs in accordance with the rules of the art and to carry out all the necessary alterations within the framework of the reservation service;
- The Photographer ensures that she uses all her potential and all her personal artistic judgment to create images consistent with her personal vision of the event and the Client's expectations.
The Clients recognize that the photographic style is familiar to the Photographer's book and requests his services with full knowledge of the latter's artistic style.
- The raw (or negative) files of the photographs taken during the service will be kept by the Photographer who owns them and holds the copyright in accordance with the provisions of the Intellectual Property Code.
The Client is the owner of his image and the Photographer undertakes to respect this right.
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VII. Right to retract
The consumer has a withdrawal period of up to 48 hours before the service reserved by him. Any withdrawal decision made within the time limit will be reimbursed for the amount actually paid. However, no refund will be made if the service has been carried out in whole or in part with the consent of the consumer, before the expiry of the withdrawal period. After this period of 48 hours before the service, the amount paid for the order will no longer be refunded.
VIII. Cancellation
In the event of cancellation of the reservation of a photographic service (photoshoot) by the customer, it is reminded that in accordance with legal provisions, the amount of the deposit will not be refunded.
IX. Force majeure, bad weather, pandemic and disease
Studio Tendances Paris reserves the right to cancel or modify a photographic service in the event of force majeure, bad weather, pandemic or illness and undertakes to immediately notify the Customer by telephone, SMS or email. Such cancellation can neither engage its liability, nor give rise to the payment of damages for any reason whatsoever. The photographer undertakes to propose a new session date to her clients to carry out the service.
X. Technical problem and accident
In the event of a technical problem with the photographic equipment or of any accident during the service preventing Studio Tendances Paris from delivering the requested work, either the full amount will be reimbursed without giving rise to the payment of damages for any reason. either or the meeting will be postponed.
XI. Modification of general conditions
Studio Tendances Paris reserves the right to modify these general conditions at any time. The conditions thus modified will be applicable to any order placed after the modification date, including any additional order or related to a previous order.
XII. Personal data
The photographer undertakes to preserve the privacy of her Customers and visitors to the studiotendancesparis.com website. Under no circumstances will the data collected be transferred or sold to third parties. The personal information requested from the Client is intended exclusively for the Photographer, for administrative and commercial management purposes. In accordance with the law relating to data processing and freedoms, personal data recorded on the site are stored for a limited period (18 months). Their processing, implemented for the sole purpose of literary and artistic expression, is exempt from declaration to the CNIL (Article 67 of Law 78-17).
The information collected on the forms of the site is recorded in a computerized file by Studio Tendances Paris for the management of its customers, the sending of Newsletter or correspondence about the photo projects of the customers.
They are kept until the customer unsubscribes or by simple request and are intended only for Studio Tendances Paris. In accordance with the law "Informatique et Libertés" , you can exercise your right of access to data concerning you and have them rectified or deleted by contacting: by email at studiotendances.web@gmail.com
XIII. Outfits and accessories loaned by Studio Tendances Paris
The client acknowledges that the clothing and accessories provided by Studio Tendances Paris are the exclusive property of the photographer and may not under any circumstances be sold or borrowed.
In case of deterioration of these, compensation will be requested.
XIV. Intellectual property, reproduction and copyright
The use of the photographs taken is subject to the legal provisions in terms of copyright and neighboring rights. Photographers are protected by the law of March 11, 1957 on copyright and by the code of intellectual property. The delivery of the photographs does not imply the transmission of the reproduction right of the latter, therefore any transfer, retrocession, rental, any loan to a third party of the photographs or derivative document (CD, usb key, drawing etc ... ) for payment or free of charge and any participation in photo contests is prohibited without the written consent of Studio Tendances Paris. The sharing of photographs should only concern the private and family environment. The client is required to respect the moral rights related to the works of Studio Tendances Paris.
Studio Tendances Paris authorizes the client to share his photos on the internet if he wishes (facebook, instagram, LinkedIn, personal blog etc ...), he undertakes to publish the files in WEB format provided with affixing of the signature of the Photographer. The absence of a signature, an incorrect signature or an unidentifiable signature will result in the payment of compensation at least equal to double the amount of the rights notified. All these provisions are regulated by Law n ° 92-597 of July 1, 1992 on the code of intellectual property.
XV. Professional use
In the context of professional use (book cover, etc.) a contract must be signed with the photographer on the day of the service, this contract does not in any way provide for the transfer of copyright to the client. This one foresees a certain amount with a limited quantity of use, it is two factors being decided by the customer the price varies according to the choice of this one.
XVI. Image rights and broadcasting authorization
According to Articles 226-1 to 226-8 of the Civil Code, every individual enjoys a right to respect for his private life as well as an inalienable right to an image. The client consents by signing the contract that certain photographs be used on the author's communication media (website and professional social networks, presentation brochures or books, photo prints for exhibitions, press article, etc.) , without other subsequent compensation, it being understood that the photographs will not be used for purposes likely to harm the image of the persons represented, nor their private life and on condition of anonymity. No use will be made by the photographer outside of her own communication needs. The customer can nevertheless refuse this clause before the execution of the service, and communicate it by means of a letter sent by registered letter with acknowledgment of receipt to the Photographer. For minor children, the signing of a publication authorization by the parents or their legal representatives is compulsory, this authorization will be presented on the day of the service.
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Consequently, the Photographer and the Client must consult each other if there is a need to use the photos in a framework other than that defined by this agreement.
XVII. Mediation
Any dispute, controversy or claim arising from this contract and from any subsequent modification of this contract, or relating to it, and relating in particular but not exclusively to its formation, validity, binding effects, interpretation, execution, violation or its resolution, as well as any extra-contractual claim, will be submitted to mediation in accordance with the WIPO Mediation Rules.
XVIII. Promotion and various competitions
During contests, raffles, promotions and other exceptional discounts offered by Studio Tendances Paris. Promotions vary, they may apply to the booking rate or the day of the session depending on the details of the promotion.
XIX. Gift card
The gift card is valid for 1 year from the date of purchase. It is sent within 72 hours of receipt of the total amount of the order. It is neither refundable nor exchangeable. The session must be carried out within the validity period of the card, it is up to the customer to ensure availability by reserving his session sufficiently in advance (preferably 1 to 2 months before).