Conditions d’utilisation

Any order for a service is tantamount to signing a contract and implies that you have read the T & Cs below and that you accept them.1_ Purpose The general conditions of sale (hereinafter referred to as "GTC") create a legal agreement and apply to all orders for services and products concluded between the Customer (hereinafter referred to as "the client") and Julia Stroskaya / That Photographer In Paris (hereinafter referred to as "the photographer").

Any booking of a session or order of products entails full acceptance of these GTCS, unless special conditions have been agreed in writing between the photographer and the client. Headquarters address: 50 avenue du Président Wilson, 75116 Paris.

 

2_ Prices Selling prices expressed in euros are those applicable when booking a session or ordering additional products.

Prices are subject to change at any time without notice. The valid price is that indicated on your contract and / or your order form.

 

3_ Reservation of a session, order of additional products and withdrawal period The payment of a deposit signs a firm commitment on the part of the customer and entails full acceptance of these T & Cs.

The reservation is only final upon receipt of payment for this payment. In accordance with the law, the client has a withdrawal period of 7 working days from the day after booking the session. After this period, no amount already paid will be refunded in the event of cancellation on his part, whatever the reason.

The total amount of additional products is to be paid in full on the day of the order. In accordance with article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for these products, considered to be clearly personalized.

 

4_ Postponement or cancellation If the photographer cannot honor the contract due to force majeure, a replacement date will be offered as far as possible; In the event that no agreement is reached, the shooting costs will be reimbursed in full to the client, without giving rise to the payment of damages for any reason whatsoever. An unforeseeable external event making it impossible to perform the service is considered force majeure (accident, death, snow, ice, illness, etc.). Each of the parties may oppose this right when force majeure is characterized. The photographer or the client undertakes to notify the other party as soon as possibl.

By mutual agreement, a new date will be scheduled, at no additional cost for an identical service. Any request for modification (date, time, place) by the client must be made no later than 7 days before the scheduled date of the session, except in cases of force majeure. In the event of postponement, the photographer cannot be held responsible for the non-realization of certain particularities of the session (season, weather forecast, shooting frame, etc.). In the event of cancellation of the session by the client, the deposit will not be refunded; it covers the costs of preparing your session and the loss of profit from a lost photographic service. The law provides that the balance is paid to the photographer.

 

5_ Conduct of a session The client agrees to be on time for the appointment set for the session. The client agrees to facilitate the photographer's work during the performance of the service. It is strictly forbidden for the client to take photos with a camera, mobile phone or other during the session. The photographer cannot be held responsible for a lower quality of the photos in the event of a lack of cooperation from one of the session participants.

 

6_ Responsibility The client is responsible for himself and for the people accompanying him to the session. In the event of deterioration or breakage of the equipment by the customer (s) or their children, the latter must reimburse at the price of the new one. If the accident is caused by the photographer, her professional civil insurance will be triggered

 

7_ Post-production and conservation of digital files The client acknowledges being familiar with the photographer's portfolio and requests her services with full knowledge of her artistic style . It also recognizes that the photographer's work is constantly evolving, that the service offered by the photographer is unique and artistic and that the photographs delivered may be different from the photographs taken by the photographer in the past. 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. The client accepts that this vision is different from his own. Consequently the photographs cannot be subjected to a rejection according to the tastes or the aesthetic criteria specific to each one. The photographer is the sole judge of the layout of the images in the making of a book. No raw file will be delivered to the customer and cannot be requested. The digital files are delivered in high quality jpeg format. The conservation of the photographs is guaranteed for 7 days (except for disaster beyond its control such as a faulty DDE, flood, fire or others); beyond that, the photographer reserves the right to destroy them unless expressly requested by the client.

 

8_ Print photos If the client wishes to print his products himself (books, prints, etc.) using the digital files he has acquired, the photographer declines all responsibility for the result obtained in a typical laboratory. This only guarantees the result on the prints itself.

 

9_ Delivery of the order Full payment will be requested from the customer when ordering for derivative products from the session (prints, book, enlargements, etc.). The delivery time is 2 to 6 weeks depending on the products. Article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for these products, considered to be clearly personalized. The dates and times of availability are only indicative; in the event of late delivery from a supplier, the photographer will not be held responsible and no compensation whatsoever can be requested. Sending by La Poste will be at the customer's expense and exclusively by tracked letter or colissimo. The delivery times mentioned are only indicative and may possibly be changed. The photographer cannot be held responsible for the consequences due to a delay in delivery or a loss of packages on the part of the carrier. If a package is not received within the time limits indicated, an investigation is carried out with the carrier and may take several days (eg 21 days at the Post Office). During this period, no refund or return can be made.

 

10_ Intellectual property The photographs taken during a session are protected in accordance with the rules of Articles L 121-1 and the law of March 11, 1957 (Code of Intellectual Property and copyright). Even after the digital files have been transferred, the photographs remain the intellectual property of the photographer and are therefore not free of rights. Only the right to the image of the customer is inalienable to him. Any commercial use by the client is strictly prohibited without the written consent of 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 same Code, and is punishable by penalties of up to 3 years imprisonment and a fine of € 300,000. In particular, it is prohibited and punishable by law to digitize prints with a view to distributing them on the Internet or to reproduce them (including in the private context), to copy and use the images presented on the various own media. to the photographer, to remove by any process the signature and / or logo of the photographer and to modify the photos (black and white, cropping, various retouching, etc.) without the photographer's prior authorization. When the customer purchases the digital files in high quality, he is authorized to reproduce the files and save them on any medium he wishes for a single preservation purpose, only for his personal and private use. For any public use such as social networks, the client must mention the name of the photographer and put either the link of his Facebook page or the link of his site. In the event that the client denies the photographer's publication rights, he is also prohibited from posting the photos (Facebook or others).

 

11_ Image rights and broadcasting authorization The customer retains his inalienable right to image in any circumstance, any time and any place. The Client declares to be of legal age, to pose freely for photographs and to authorize the taking of pictures. The legal representatives declare that they are of legal age and authorize the shooting of their minor child (ren). If one of the legal representatives turns out to be a minor, the signatures of his parents or legal representatives are required, except for emancipated minors. In the event that only one parent signs the contract, he certifies that the other parent has been informed of the session and is not opposed to the taking of pictures, nor to the exploitation of the images produced if the right of exploitation was granted by the signing parent.

 

12_Unless the client advises otherwise, the photographer may use the images for commercial purposes as part of the promotion of her activity (website, professional pages on social networks, advertisements, exhibitions, etc.) for a period of 30 years. In the case of a session offered or at a preferential rate by the photographer with a view to distributing the photographs taken, if the client ultimately opposes this distribution, he must pay the session at the current rate. personal character The photographer is committed to preserving the privacy of her clients. 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.

 

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 bodies representing professional photographers. For all disputes relating to the application of these general conditions of sale or the services provided by the photographer, the competent court will be called upon to settle the dispute.