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Terms of Sales

 

The site www.reportagephotos.fr is managed "intuitu personae" by Mr. Frédéric AGUILHON and may under no circumstances be transferred to a third party.

General Conditions of Sale (GTC)
 

The purpose of this document is to define the contractual relationship between "Reportage Photos" or Frédéric Aguilhon, hereinafter referred to as the Photographer, and the Client defined as such.

Any order and sale of product or service placed by the Client implies acceptance of all the conditions described below, except for special conditions agreed in writing by the Photographer to the client. Any other document than the present, has only an informative and indicative value, not contractual. These T&Cs form an indivisible contractual document with the estimate.

Article 1: object
 

The T&Cs defined below apply to all orders and all sales of services.

Article 2: Rates
 

The selling prices are those applicable at the time of ordering a product or selling a service. The prices are indicated All Tax Included (TTC), including the current VAT rate (20%).

I. The quotes established by the Photographer are valid for the duration they specify; after this date, the Photographer reserves the right to modify the amounts if he wishes.

Article 3: Order
 

Any order for a product or service placed by the Customer is firm and final and entails its acceptance of these GCS. The Customer will affix his signature on the estimate thus validating his order. No modification of the order can take place except by mutual agreement and after modification of the estimate by the Photographer according to the additional services possibly desired by the Client. The initial quote signed by the Customer will continue to bind the parties as long as any corrective quote has not been signed by him.

If during a previous order, the customer has not met his obligations (default or late payment), a refusal of service may be opposed to him unless he pays cash. No discount for cash payment will be granted.

Article 4: Payment
 

The payment of any order or service is "cash", that is to say that the customer undertakes to pay for the order or the service no later than the day of its completion, except by prior agreement between the parties and indicated on the quote.

All quotes validated by the customer will be subject to the payment of a deposit of 40% of the total amount. An estimate on which the Customer will affix his "Good for Agreement" followed by his signature and will join the payment of the deposit of 40% of the total amount will be worth order.

The balance will be paid by the Client on the day of the service performed by the Photographer.

 

In the event of distance selling, the Photographer will inform the Client that the photos are ready to be delivered by the agreed route, and delivery will take place upon receipt of payment. Any delay in payment will give rise to the payment of interest at the minimum rate provided for in Article L 441-6 of the Commercial Code (legal interest multiplied by three), payable automatically and without reminder, calculated on the amounts excluding taxes, as well as the recovery costs corresponding to a fixed indemnity of €40 (Commercial Code art. D441-5 + Decree n°2012-1115 of October 2, 2012).

 

Payment will be made by bank transfer or by check in the name of Frédéric Aguilhon, upon receipt of the invoice, except by prior agreement between the parties. In order to identify the payment, the transfer order must indicate the invoice number. Any late payment exposes the customer to late payment penalties and recovery costs.

Article 5: Cancellation of the order
 

If the customer cancels the order for a reason other than those mentioned in Article 9 (Force Majeure/Deteriorated weather conditions), the customer must inform the photographer, no later than 10 working days (by email or telephone) before the date provided for the performance of the service. This reason must be justified to the photographer. The photographer reserves the right to refuse the reason if it is not legitimate, after discussions with the client.

Both parties will find an amicable solution within the 10 working days.

The deposit paid will not be refunded.

If the customer has not notified the photographer within the time limit of 10 working days, the customer will remain liable for the total amount corresponding to the entire service ordered.

In the event that the photographer has had to call on a third party company for the production of elements involved in the service ordered (personalized boxes, decorations, costume, make-up, non-exhaustive list), the customer will be responsible for all costs engaged.  

Article 6: Travel expenses
 

Travel costs are included in the service prices, for travel within a 20 kilometer zone around Nice.

Beyond that, additional transport costs will be applicable according to the official scale in force, available on www.service-public.fr. These costs will be borne by the customer.

Article 7: Performance of the service & CONSERVATION
7.1

The photographs are taken by Frédéric AGUILHON.

For minor models, parental authorization and the presence of one or more parents are mandatory for the duration of the photo shoot. For practical reasons the Photographer does not accept other photographers during photographic sessions and meetings. The Client can be accompanied by a discreet person during the photographic session, the Photographer can also be accompanied if necessary. For weddings in religious places, the prior agreement of the representative of the cult must be obtained in the event of photographs taken during the religious ceremony. In the event of failure to comply with these instructions, the Photographer cannot be held responsible for the poor performance of the service.

 

Photo sessions take place in the studio, at the client's home or in a public place, by appointment only. Location scouting in the presence of the Client may be necessary prior to the photographic session.

7.2

The photographs taken during a photo session are made available to the Customer via an online album secured by Login and password. When the Customer has made his selection, a new album is made available so that he can download the selection that made it.

Unselected photos are no longer accessible by the Customer.

The selected photos must be downloaded quickly by the Customer because they remain available online for a period of 6 months.

After this time, the photos are no longer accessible.

The Customer remains solely responsible for the preservation of his photographs. The photographer cannot be held responsible for lost or damaged digital files.

The Photographer will keep all the photographs taken for 1 year before destroying his archives.

.

Article 8: Authorizations - Image rights
 

The Client undertakes to facilitate the work of the Photographer during the performance of the services. In particular, he will ensure that the Photographer is not bothered by third parties during the shooting. The Client undertakes to obtain all the authorizations and accreditations necessary for the performance of the services by the Photographer, and in particular the authorizations or agreements for shooting in certain places (private or privatized, prohibited to the public, restricted access and/or controlled, monuments, places of worship, etc.) or in the presence of personalities (customers, event organisers, politicians, people, VIPs, etc.). The Photographer cannot be held responsible in the event of non-performance of the services if the authorizations have not been obtained by the client. The Client will indemnify the Photographer against the consequences of any complaint or condemnation made against the Photographer in respect of the shots for which the Client has failed to seek the necessary authorizations.

Article 9: Force Majeure/Degraded weather conditions
 

In the event of force majeure or degraded climatic conditions such as, for example, storms, storms, heavy rains, etc. (non-exhaustive list). The Photographer cannot be held responsible for the non-execution, partial execution, or lower quality of the services initially provided for in the order. When the subject of the order allows it, after discussion with the client and agreement between the parties, the session will be postponed to a later date.

Article 10: Delivery/Shipping/Receipt of the order
 

Postal or courier shipments are the responsibility of the Customer. The amount of costs corresponding to packaging and shipping will be notified on the quote. Shipments will be made after payment of the entire invoice and shipping costs. The delivery times provided when ordering are given as an indication and without guarantee. A delay in delivery does not authorize the customer to cancel the sale or refuse the goods. No claim will be admissible after a period of 10 days from the date of delivery.

Deliveries are never "free of charge".

 

The receipt of the order

10.1 The person receiving the package: the care to be taken?

Be careful, if you entrust the receipt of the product to a third party or "agent " (caretaker of your building, hostess at the workplace, etc.) this person receives the package in your name and on your behalf.

He is responsible in this respect, so you must ask him to be vigilant about following the precautions for use and remind him to take the same care with the package received as if he were the personal recipient.

For any package delivered without your signature, you must notify us of a delivery dispute within a maximum period of 15 days from the date of shipment.

We ask you to be particularly vigilant when receiving your order about its verification and the observation of any anomaly.

 

10.2 The initial verification: what precautions for use?

We invite you to check (or to have checked by the agent who receives) the apparent condition of the products on delivery with the delivery person. Regardless of the carrier and in the presence of an apparent anomaly (damage, missing product compared to the delivery slip, externally damaged package, abnormal noise, broken products, etc.), you must refuse the package.

Otherwise, you must:

- Unpack the package in the presence of the delivery person;

- Enter detailed handwritten reservations by having the deliverer sign alongside. The reservations made by the recipient upon delivery constitute means of proof of the existence and extent of the damage. Be sure to be precise and complete in their writing (the simple mention "subject to unpacking" is considered too general and imprecise);

- Notify by registered letter with acknowledgment of receipt a reasoned letter of protest to your carrier within three (3) days of receipt in accordance with the provisions of Article L.133-3 of the Commercial Code)  ;

- Inform " Report Photos " by email or registered mail within three (3) working days of delivery of your package.

 

For probative reasons, we recommend that you provide us with photographs of all sides of your package within the same period.

In the event of the slightest problem upon receipt, it is essential that you keep the items in the state in which they were delivered to you (accessories, packaging(s) and over-packaging(s) included).

In any event, these precautions do not preclude the benefit of legal guarantees and the exercise of the right of withdrawal. However, for your withdrawal to be accepted, you must first have informed us of the anomaly or spoliation.

 

10.3 You spot an anomaly or spoliation: how to react?

In the context of a delivery made by the Post Office, if the package arrives open and/or damaged (in particular with the presence of the yellow "La Poste" tape), we invite you to refuse it and request the return from Reportage Photos.

 

If you or your agent decide to accept the goods, you should be aware of:

- Enter " detailed handwritten reservations " on the anomaly noted (see §10.2)

- Immediately issue a report of an anomaly, via a complaint slip or flasher to the postman, or the post office on which you depend;

- Inform the same day of the report "Photos Report" by email or telephone.

 

In the context of a delivery made by other carriers, whether or not you accept the delivery, for any open and/or damaged package, you must issue "detailed handwritten reservations" which you will notify on the deliverer's slip and of which you will inform us by email, as well as the carrier, within three (3) working days of delivery.

 

10.4 You notice a delivery error: what to do?

Products delivered not in accordance with the order. In the event of a non-compliant product, you can make your complaints to “  Photo Report» by email or registered mail within three (3) working days of delivery of your package. You will be asked to describe precisely the reasons justifying the non-compliance.

We remind you that in accordance with article 1376 of the Civil Code, in the event that you receive an order that is not intended for you, you are then obliged to return it. Otherwise, “  Photo Report» will be entitled to invoice you for the product that you have wrongly received.

 

REMINDER: In all cases, please notify us immediately at:

contact@reportagephotos.fr

Complaints accepted will give rise to the exchange of the defective product, or to its reimbursement in the event of unavailability of the Product in stock. No spontaneous return, without the agreement of
Photo report, will not be accepted.

Article 11: Intellectual Property
 

The Photographs taken are and remain the intellectual property of the Photographer according to the rules of articles L 121-1 and following of the Intellectual Property Code. The rights to the photographs transmitted on material or computer media are strictly limited to use within the family. Any use of the Photographer's photos beyond this use and without his written authorization constitutes an infringement within the meaning of Article L.335-2 of the same Code, and is punishable, under this article, by penalties which may range from up to 3 years imprisonment and a fine of €300,000.

If the Client wishes to publicly distribute the photographs, a written agreement between the 2 parties will then be drafted in order to frame the use. Copyright may then be claimed by the Photographer.

Any publication of photographs, on any medium, must include the following statement:

"Copyright Photo: ReportagePhotos.fr/FA".

 

The photographer may ask the client to use one or more photographs taken during the service in order to illustrate his work through his website and his portfolio. An authorization will then be signed by the client.

Article 12: Limitation of damages in the event of poor performance
 

In the event of loss or deterioration of the photos, no longer allowing the full performance of the services initially agreed, the compensation may only be at most equal to the price of the initial service.

It is recalled that photography is an art in its own right, the photographer (with the client's agreement) will devote all means to take the photos of the service according to the rules of the art.

The customer who has chosen the photographer after checking his book or website and having read his artistic universe, will not have the possibility of contesting the rendering of the photographs.

Article 13: Modification of the GCS
 

Reportage Photos reserves the right to modify, at any time and without notice, these General Conditions of Sale in order to adapt them to the changes necessary to satisfy its activity and the relationship with the Client.

Article 14: Applicable law
 

All services provided by Le Photographe are subject to French law. For all disputes relating to the application of these GCS or services provided by The Photographer, only the Commercial Court of Nice, on which the head office of the service provider depends, will have jurisdiction. In the event of a dispute relating to the interpretation or performance of the service, the parties will seek, before any legal action, an amicable agreement.

Article 15: Gift Card

The services offered by Reportage Photos can be offered through a Gift Card.

Obtaining the Gift Card will only be effective after full payment for the service.

No Gift Card will be issued if the customer has not settled the total amount of the invoice.

The Gift Card will be sent by post or delivered by hand.

Upon receipt of the Gift Card, the beneficiary will be able to set an appointment with the photographer in order to schedule the photo session planned when purchasing it.

No exchange and no refund can be made, only the scheduled session can be delivered.

Gift Cards have a limited validity in time: they are valid for six (6) months from the date of issue.

At the end of the validity period, neither the beneficiary nor the customer can claim a refund or an exchange.

Except for special conditions during a promotional offer, these conditions apply to any type of Gift Card.

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