General Terms and Conditions of Sale
These general conditions of sale (GTC) create a legal agreement between the customer, designated as “The Customer”, and the SASU Mademoiselle Louison, designated as “The Photographer”.
They apply to all orders and all sales of services and products concluded between the Client and the Photographer.
They are fully and unreservedly accepted by the Customer.
The Photographer reserves the right to modify, at any time, these general conditions of sale. Each order is governed by the terms and conditions applicable on the date of the order.
SASU Mademoiselle Louison offers photographic services in authentic vintage outfits with the delivery of a personalized printed product named “Love Pocket”, creation and property of SASU Mademoiselle Louison.
The sessions are private and conducted in studio or outdoors when it comes to the installation of a booth “Photo Booth” in the context of events such as weddings, conferences or business seminars.
The services and products are detailed on the website www.mademoisellelouison.com
The booking of a session is equivalent to the placing of an order by the Customer and results in the unreserved acceptance of these terms and conditions of sale, except as otherwise agreed between the Photographer and the Customer.
Any other document than these Terms and including catalog, prospectus, advertising, notices, has only informative and indicative, non-contractual.
The present general conditions of sale form an indivisible contractual document with the contract of the service signed by the Customer.
In the context of private photo sessions, the order is effective upon confirmation of the session by email by The Photographer (date and time) within a period of 12 hours, and its payment in full by the Customer. In agreement with the Photographer, the Customer may pay the entire order in cash on the day of the service. As part of the service for events, the order is effective after receipt of the deposit and must be validated by a contract / quote signed by the Customer with practical information (date, location, hours). The latter will be returned signed by the Client to the Photographer by sending an email. In the absence of payment of the deposit and receipt of the contract within 15 days following the sending of the contract by the photographer, the photographer does not undertake to keep the date. All product orders, photo prints, print jobs must be paid in full as the order is placed.
3. Rates and Terms of Payment
The prices are expressed in euro (€) and are displayed all taxes included. Rates posted on the www.mademoisellelouison.com website are subject to change without notice or prior notice. If they are likely to vary, any previously fixed service will keep the rate applied when ordering.
3.2 Special cases: private meetings
In the case of private photo sessions, the full payment will be requested to validate an order. It will be paid by credit card on the website www.mademoisellelouison.com or by check before the service. By email agreement of the Photographer only, payment can be made in cash on the day of the service. Any costs relating to payment made from a foreign currency is the sole responsibility of the Customer. No reduction for cash or advance payment can be granted.
3.3 Special case: Photo Booth
In case of sessions within events, a deposit of 50% will be requested to validate the order. It can be paid by bank transfer, check or cash. The non-payment of the balance in the 15 days preceding the event cancels the service and the refund of the deposit. The order and the quote can be validated electronically, by sending an email in which will be stipulated: “I accept the general conditions of sale”. The quotations prepared by Le Photographe are valid for 30 days. Travel costs amount to 1 euro (€) per kilometer, within the limit of 150km from Paris – Gare Montparnasse (the round trip must not exceed 300 kilometers). Beyond this, the transport costs and any other costs will be borne by the actual Customer as well as an indemnity depending on the duration of the transport and any waiting times. In case of restriction of use of the Photographer’s vehicle imposed by law (restriction “crit’air”, day even / odd …), The Photographer reserves the right to charge the Customer any penalties / fines that he undergoes to ensure the smooth running of its service (fees applied to the real).
4. AMENDMENT OF THE BENEFIT
Any request for modification of a private session requested by the Client can be taken into account only if the request is sent by SMS / email to the Photographer at least 7 days before the scheduled date of the service. The Photographer will confirm his acceptance of the modifications or reserve the right to cancel the service if the modifications are no longer possible (date, time). In this case of cancellation only, the entire order will be refunded. Any request for modification of a service in the context of an event requested by the Customer can be taken into account only if the request is sent by SMS / email to the Photographer at least 1 month before the scheduled date of the service. The Photographer will confirm his acceptance of the modifications or reserve the right to cancel the service if the modifications are no longer feasible (date, place, time). In this case of cancellation only, the entire deposit will be refunded. In accordance with the legal provisions in force, the Customer has a withdrawal period of 14 days from the conclusion of the contract. Any request for withdrawal made within the time limit will result in the refund of the deposit (Photo Booth) or the entire order (private sessions), unless the service has already been completed in whole or in part. In the event of cancellation of the reservation of a photographic service which has become definitive, withdrawal period exceeded (14 days), it is reminded that in accordance with the legal provisions, the amount of the deposit or the order will not be reimbursed unless force majeure for the Customer. The Photographer reserves the right to cancel any service within 2 months prior to the order against a full refund of the service.
5. Delivery of the Benefit
The Client and the Photographer will meet at the place agreed in the contract. The outfits and accessories of period chosen by the Photographer will in no case be handled by the Customer. The photographs are made by Le Photographe. The Photographer is not subject to an obligation of result. It makes every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic appreciation of the photographer. Accordingly, the Customer acknowledges that the photographs are not subject to rejection according to the tastes of the Customer. The Client and the Photographer will choose together the two shots selected at the end of the session for the realization of the “Love Pocket” Mademoiselle Louison.
6. Obligation of the Customer
The time fixed for the service is imperative and any delay of the Customer may be charged the time previously agreed for the session. Beyond 15 minutes late, the session will be canceled and the pre-payment of the session will not be refunded. The Customer declares to be of age, to pose freely for photographs and if necessary to allow shooting of their children according to the photographic style that they wish. The Photographer will not be embarrassed during his performance by amateur photographers unless authorized by him. The Client must inform Le Photographe of the number of people present during the service. The Photographer reserves the right to cancel the session at the time of the performance if the number of people is not respected. The children present during the photo shoot remain under the full responsibility of the parents. In the event of material damage caused by the Customer or the child or any other person related to the Customer, the Customer will be responsible for the reimbursement of the material in its entirety (vintage clothing, vintage accessories, equipment).
7. Post Treatment
Except in special cases specified in writing, The Photographer never delivers raw / unretouched photographs. Post-processing, just like shooting, is unique to the photographer and is an integral part of his work as an artist and his style. The photographer is the only one to decide on the post-treatment he will apply. The Photographer will apply his mark at the bottom right of each photograph (Copyright).
The treatment applied to the photos has an adjustment of many parameters such as the colorimetry, the contrast, the brightness, the unblocking of the shadows and highlights, the sharpness, the clarity, the vibrance, the saturation, the cropping etc … Any additional retouching ( addition of elements in the photo, localized editing …) requested by the Customer is not included in the basic service and will be accepted or not by the Photographer who reserves the right to charge extra work per image according to the rates in force. Only the photographs processed by Le Photographe will be exploitable by both parties.
The Photographer makes every effort to satisfy the delivery of the photos as soon as possible (maximum 1 month).
A delay of delivery or execution can not be invoked by the Customer to demand the termination of the contract, to claim damages or to assert any other claim.
The digital photos selected and retouched are sent to the Customer by download link. The Customer will have to confirm receipt of the photographs within 7 days. The delivery of digital files is in the form of .jpg. Other files are the property of the Photographer and will not be transmitted to the Customer.
The Photographer guarantees the print quality of prints ordered through him. It is not responsible for the print quality of other print labs or lambda print websites.
9. Duration of Conservation
From the delivery to the Customer, the photographs are kept and archived under their sole responsibility. The Customer is invited to make backups on various media. The Photographer is released from any responsibility in case of loss or damage of digital files given to the customer. The files are still available for 3 months and can be returned if necessary.
10.1 Atmospheric conditions
In case of degraded atmospheric conditions such as storms, storms, heavy rains, etc., the photographer can not be held responsible for non-performance or partial performance of outdoor services originally provided for the order. No refund will be made, the meeting will be postponed to a later date.
10.2 Force majeure or illness
A force majeure is considered an unforeseeable external event that makes it impossible to perform the service (accident, death of a parent, etc.). Each of the parties may oppose this right when the force majeure is characterized. The Photographer reserves the right to cancel / postpone a photographic service in case of force majeure or illness. Such cancellation will neither incur any liability nor give rise to the payment of damages for any reason whatsoever. The meeting will be postponed to a later date.
10.3 Technical problem and accident
The Photographer agrees to provide sufficient equipment to ensure all its services and to ensure the use of equipment in good condition and maintenance. In the event of a technical problem with the photographic equipment or any accident during the performance preventing the photographer from handing over the requested work, the entire amount paid will be reimbursed, without giving rise to the payment of damages for any reason whatsoever. whatever. In the event of loss or deterioration of the photos before their delivery (burglary, fire, …), the Customer will be able to claim only the refund of the service.
11. Intellectual Property
Photographs are works of the mind, as defined by the code of intellectual property, of which The Photographer is the author (article L112-2 CPI) and the law of March 11, 1957 (Code of Intellectual Property and Copyright). The photographs are reserved for a personal and private use of the Client, use subject, on some supports that it is, to the respect of the provisions of the code of the intellectual property, and more generally of the laws and conventions in the field of the rights of author. Any personal use of a photograph whatsoever and whatever the uses (internet, exhibition, social networks …) must mention the name of the Photographer. No photograph can thus be modified in any way whatsoever, without the prior written agreement of the author. The Customer undertakes to respect the integrity of the Photographer’s works, and in particular to faithfully reproduce the colors, without truncating or distorting them. (article L121-1 ICC)
The communication of the supports (paper prints, originals and photographs stored on a computer support) does not imply nor presume the transfer of the rights of exploitation on the photographs (right reproduction and / or representation).
Photographs, in digital or analogue format, remain the property of their author or rights holders. (article L111-3 CPI). Any use, whatever it is (diffusion, exhibition, reproduction …), other than strictly personal, of a photograph is thus prohibited without the prior written agreement of the author.
For the purposes of using the shots in a setting other than the private setting, The Photographer evaluates the copyright amount, depending on the mode of broadcast and the volume of the broadcast.
Any use of the photographs of the Photographer by the Customer beyond the private use and without the written authorization of the Photographer are constitutive of infringement within the meaning of the article L 335-2 of the same Code, and are punishable, under this article, penalties of up to 3 years imprisonment and 300,000 € fine.
12. Image Rights
The photographs may be freely used by the author, in any medium, to ensure the promotion of his professional activity, subject to respect for the rights of people and property photographed and unless explicitly requested by the Customer in writing before signing quote / validation of the order. The Customer accepts that their image is used on all promotional materials of the Photographer, such as website, social networks, presentation brochure, press article … The right to the image is entrusted for a period of 2 years, renewed by tacit agreement .
The Photographer is prohibited from exploiting any photograph likely to infringe the privacy, the image or the reputation of the Customer.
The Photographer is prohibited from using any photograph of a minor unless it is not recognizable.
The Customer can freely oppose the assignment of the right to the image. It must imperatively mention it in writing (email, or mention on estimate) before the signature of the estimate / validation of the order.
In case of refusal, the Customer can not refuse the use of photos on which it is not recognizable.
Any photograph published publicly by the Client (internet, social networks …) may be used by the Photographer.
13. Personal Data
The personal information collected during the booking of an order is exclusively intended to ensure the management of the customer and in particular the follow-up of the reservations in order to the good realization of the ordered service. The Photographer undertakes not to communicate this information to third parties for any reason whatsoever. The data protection complies with the standards “GDPR” in force and is detailed on the website of the Photographer https://www.mademoisellelouison.com/en/data-protection/
14. Applicable Law
The contractual relations between the parties to which these general conditions apply are governed exclusively by French law.
Any dispute relating to the formation, performance or interpretation of these terms and conditions and any agreements to which they apply, shall, failing amicable agreement, subject to the exclusive jurisdiction of the French courts. Any legal action must be taken before a court located in the residence of the Photographer.
The Customer acknowledges having read the terms and conditions above.