The General Terms and Conditions of Sale (hereafter "GTC") apply to all service orders concluded between the Customer (hereafter "the Customer") and CFC Production Cedric Klein photography (hereafter referred to as "the Customer"). « The Photographer » freelancer registered in the directory of trades of Paris 12th, SIRET 813 183 621 00024 Code APE 7420ZQ, address located at 1 rue de Stockholm 75008 PARIS.
Article 1: Purpose: The following terms and conditions apply to all orders and sales of photographic / video services offered by CFC Production as presented on the photographer's website.
The placing of an order by the customer entails the full adhesion to the present general conditions of sale (GTC), except special conditions granted in writing between the photographer and the customer. These general conditions of sale form an indivisible contractual document with the attached sales contract, which the customer agrees to return by e-mail or by post, both of which must be initialed, completed and signed.
By using the website www.cedricklein.com or by booking a photographic / video service, the customer declares to have read these general terms and conditions.
Clients declare to be of age, to pose freely for photographs / video, and to allow shooting of their children if necessary, according to the style that they wish. (If the client is a minor, the signatures of parents or legal representatives are mandatory).
The booking of a photographic / video service is done exclusively by e-mail firstname.lastname@example.org according to the contact information provided on the website www.cedricklein.com
The day of completion of the session, the fixed time is imperative, any delay of the customers will be deduced from time previously defined for the session. It is strictly forbidden to take photos with a camera, mobile phone or tablet during the session without the photographer's consent.
Prices: The selling prices are those applicable at the time of the order. Prices are exclusive of VAT with a VAT rate not applicable (Article 293B of the General Tax Code). The quotes prepared 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.
Order: Any order placed by the Customer is firm and final and leads to its adherence to the Terms and Conditions. The Customer will sign the order form. No modification of order will be able to intervene if it is by mutual agreement and after modification of the estimate by the photographer according to the additional services possibly wished by the Customer. The initial quotation signed by the Customer will continue to bind the parties as long as any corrective estimate has not been signed by him.
If during a previous order, the customer has not met its obligations (default or late payment), a refusal of service may be opposed unless it rules cash. No cash discount will be granted.
Payment: All orders will be subject to a deposit of 50% of the total amount within 7 days of the order. An estimate on which the Client will affix his "Bon pour Accord" followed by his signature and join the payment of the deposit of 50% of the total amount will be worth order. In case of cancellation of the estimate, this deposit will be cashed, as well as all the sums due. Reminder for a down payment: The down payment is a first payment on a service purchase. It involves a firm commitment from both parties. Therefore, the obligation to buy for the client and that to provide the benefit for the provider.
There is no possibility of a withdrawal and the client may be ordered to pay damages if he or she withdraws.
Only cash payments, transfers, and checks are accepted. Payment by credit card is possible with a surcharge of 2.5% on the total amount paid with the credit card terminal.
For payments of benefits, the balance will have to be paid day of the service.
For transfer payments, the balance must be in the photographer's bank account on the day of the service.
In case of distance selling, the photographer will inform the customer that the snapshots are ready to be delivered by the agreed route, and the delivery will take place at the time of receipt of payment. The balance of the price is payable within 10 days from the moment the Customer has been informed that the photographs are ready. Any late payment will result in the payment of interest at the minimum rate provided by Article L 441-6 of the Commercial Code (legal interest multiplied by three), due by law and without reminder, calculated on the amounts excluding taxes.
Travel Expenses: There will be no charge within 50 km of the photographer's place of residence. Beyond this, the cost of transport (0.50cts in euro / km) and accommodation of the Photographer will be charged to the customer.
Authorizations - Right to the image: the client agrees to facilitate the work of the Photographer when performing services. He will ensure that the photographer / videographer is not bothered by third parties during the shooting. The client undertakes to obtain all the authorizations necessary for the realization of the services by the photographer / videographer, and in particular the authorizations or agreements for the shots in certain monuments (church ...). The photographer / videographer can not be held responsible for non-performance of services. The customer will guarantee the photographer of the consequences of any complaint or conviction against the photographer for shots for which the client failed to seek the necessary authorizations.
Force majeure - illness - degraded weather conditions - cancellation - accidents - unforeseen circumstances:
In case of force majeure, illness or degraded weather conditions such as storms, storms, heavy rain, .... the photographer can not be held responsible for non-performance or partial performance of the services originally provided for the order when these shots must be performed outdoors. When the subject of the order allows, the meeting will be postponed to a later date for shooting under the influence of weather conditions. Such cancellation shall neither engage the responsibility of the photographer nor give rise to the payment of damages for any reason whatsoever.
Technical problem and incident: In case of technical problem with the photographic equipment and / or video studio equipment, or any accident during the performance preventing the photographer from handing over the requested work, the full amount will be reimbursed without give rise to the payment of damages for any reason whatsoever. The photographer's responsibility can not be engaged in a case of force majeure and any event beyond his control: illness, accident where the photographer is not able to provide the service, other events beyond his control: breakdown of car, or any other unforeseen incident (sncf or aerial strike). The two parties engaged can not cancel the photographic report and therefore no refund that if unfortunately one of the parties is in medical incapacity (medical certificate to provide) to go to the event. In the impossibility of carrying out the order, the photographer will make every effort to find a replacement (professional photographer) if the applicant (s) wishes it (s), but it can not in any case be blamed personally for the quality of the work delivered by a possible replacement.
In case of cancellation of the reservation of a photographic service become final, it is recalled that in accordance with the legal provisions, the amount of the deposit will not be refunded and the totality of the order is due.
Delivery / Shipping. Within 30 days of the photo / video session, CFC Production sends a "wetransfer" link or a link to a private gallery with a password to the email address provided by the customer to download the photos / video selected by the customer. photographer. Delivery of digital files will be in the form of a high resolution JPEG file. The photographer never delivers raw photographs / video in RAW format. Post-processing, just like shooting, is unique to the photographer and is an integral part of his work, his style and his artistic universe. The photographer is the only one to decide on the post-processing he will apply to digital negatives. If the customer wishes to obtain a new post-processing proposal on a photo, it will be billed according to the current rate of a high resolution digital file.
The photographer does not physically deliver the photos / video to the customer's home. Postal shipments are the responsibility of the customer and under his full responsibility. Shipments will be made after payment of the full invoice and shipping costs. The deadlines provided during the order are given for information only and without guarantee. A delay does not allow the customer to cancel the sale or refuse the goods. No complaint will be admissible after a period of 10 days from the date of delivery. In case of delivery by a carrier, the customer must imperatively express his precise reservations on the delivery sheet. The photographer can not be held responsible for postal delays.
Intellectual Property: The photographs / video made are and remain the intellectual property of the photographer / videographer according to the rules of the articles L 121-1 and following of the Code of the Intellectual Property. Photographers / videographer are protected by the law of 11 March 1957 on copyright. The rights on the photographs / video transmitted on material or computer support are strictly limited to a private use in the family and private commercial frame for the companies. Any use of photographs and videos of the Photographer beyond this use and without his written authorization constitute infringement within the meaning of Article L 335-2 of the same Code, and are punishable under this article, penalties may to go up to 3 years of imprisonment and 300.000 € fine. The customer is bound to respect the moral rights related to the works of the photographer Cédric PETIT. The photographer reserves the right to use, unless otherwise specified before the photographic service in writing by the client, photographs / videos taken from a report or a photo / video session for the purpose of promoting his activity.
The agreement includes, among other things, the publication or use of the photos for the purpose of promoting the author:
- Publication of a possible work presenting the work of the photographer.
- Exhibition and competition, including the reproduction right, in particular: catalog, press kits, local, national and specialized press, poster and postcard editions.
- Sites and galleries personal web of the photographer (www.cfc-production.fr)
Limitation of damages in the event of improper performance of the contract. In the event of loss or deterioration of the photos, no longer allowing the full performance of the services initially agreed upon, the compensation may be at most equal to the price of the initial service.
Right of withdrawal: The consumer has a period of withdrawal of forteen working days from the day after the conclusion of the order and therefore the sending of the contract with the deposit of the reservation. Any withdrawal decision made within the given period will be refunded the amount actually paid. However, no refund will be made if the service has been carried out in whole or in part with the agreement of the consumer, before the expiry of the withdrawal period. After this period of seven days, the amount paid for the order will not be refunded.
Cancellation: In case of cancellation of the reservation of a photographic / video service that has become definitive, it is reminded that in accordance with the legal provisions, the amount of the deposit will not be refunded.
The photographer is committed to preserving the privacy of his clients and visitors to the site www.cfc-production.fr. Under no circumstances will the data collected be sold or sold to third parties. The personal information requested from the client is intended exclusively for the photographer, for purposes of administrative and commercial management.
Customers acknowledge that they are familiar with the portfolio of the photographer / videographer and the website www.cedricklein.com, and seek his services in full knowledge of the artistic style of it. They also recognize that the work of the photographer / videographer is constantly evolving, that the proposed performance is unique and artistic and that the photographs / videos delivered may be different from the photographs / videos taken by the photographer in the past. The photographer / videographer ensures that he uses all his potential and all his personal artistic judgment to create images consistent with his personal vision of the event. Customers agree that this vision may be different from theirs. As a result, customers recognize that the photographs / videos have not been subject to rejection based on the tastes or aesthetic criteria specific to each.
Applicable law: All services performed 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 representative bodies of the professional photographers.
For all disputes relating to the application of these GTCS or services performed by the photographer, only will be competent the Commercial Court of Paris.
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