GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale (hereinafter referred to as “GTC”) apply to all orders for services and products concluded between the Customer (hereinafter referred to as “the Customer”) and Claude Herrmann, managing Director of the company Claude Herrmann photographie (hereinafter referred to as “the Photographer”), an entrepreneur registered with the Chamber of Trades and Crafts of Strasbourg.
The Siret of the company is 842907693000119.
A booking of a photo session or a photo report or an order for a print or an album entails full compliance with these GTC, unless special conditions agreed in writing between the photographer and the Customer.
The sales prices are in € including VAT and are those applicable at the time of booking or signing the order form.
The Photographer reserves the right to modify his prices and services at any time, without prior notice or compensation, in order to pass on a possible and unforeseen increase in the prices of suppliers of photographic products or fuel costs for example.
The applicable price is the one written on the contract and/or the order form of the Customer.
Bookings can be made by email to email@example.com or by FB messenger.
This booking is only definitive upon receipt of the payment of a deposit or the total amount of the service payable by cheque or bank transfer. This booking entails a firm commitment on the part of the Customer and the latter’s full acceptance of these GTC.
Products not included in the session packs must be ordered separately after the session.
In the absence of receipt of payment or a deposit within 8 days of the Photographer’s written confirmation of the date of the photo session agreed with the Customer, the Photographer is no longer obliged to book the date for the Customer and the Photographer may cancel the booking without the Customer being able to claim any compensation.
- Gift Card
It is possible to apply for a Gift Card. This must be paid for in full at the time of ordering.
It will be given to you with a receipt stating the full name of the beneficiary and the type of service chosen.
The Gift Cards are valid for one year and are nominative, it is not possible to change the beneficiary.
Once the validity period has expired, the card is not refundable and the session will be cancelled.
The deposit paid for photo sessions or baptism reports or communion/confirmation reports or weddings is 30% of the price of the service booked.
In case the Photographer is unable to attend for health reasons/force majeure, either the deposit will be refunded or a new date will be scheduled if possible.
Any deposit paid constitutes acceptance of the entirety of these GTC.
- Obligations of the Customer
During the execution of the photographic service, the Customer undertakes to facilitate the work of the Photographer. The Photographer cannot be held responsible for a lower quality of the photos in case of lack of cooperation from one of the participants during the session. The Photographer shall not be hindered in the execution of his duties.
No other camera, video or any other technology (including mobile phones) is allowed during the shooting. Failure to comply with this rule entitles the Photographer to end the session and delete all photos taken. With the prior approval of the Photographer, the Customer may be allowed to take one or two “backstage” photos (wide shot of the entire scene).
Only the participants in the photo shoot may be present during the shooting.
The Customer may bring personal clothing and accessories. However, the photographer is not obliged to use all of them.
In case of failure to comply with his instructions, the Photographer cannot be held responsible for the poor execution of the service.
The Photographer may claim compensation for the loss suffered.
The Customer undertakes to be at the time agreed by both parties for the appointment. If he is late, the shooting time may be shortened in order not to interfere with the next session. If the Customer is late more than 30 minutes, the session will be cancelled, the Customer will lose the deposit already paid and will not be entitled to any refund or to re-schedule the session.
Any order placed by the Customer is firm and definitive , and results its adherence of the GTC.
No modification of the order may be made except by mutual agreement in writing with the Photographer (e-mail).
Whatever the payment method, the balance must be paid in full before the day of the photo shoot (baptism, confirmation or wedding) or at the latest on the day of the photo shoot. All orders commit the Customer to make the corresponding payment. The Photographer will only process the order when the full payment has been received.
This payment can be made in 3 ways:
– in cash
– by cheque directly to the Photographer, at the place where the contract is signed (if there is one) or by postal service (payable to Claude Herrmann Photographie)
– by bank transfer (the IBAN will be given to you on request)
The Photographer cannot be held responsible for loss or theft if it was handeld by postal service.
In case of a bad cheque, the Customer will be informed by the Photographer and will have a period of 72 hours to pay the service in CASH.
Any delay in payment will lead to the payment of interest at 12% per year (i.e. 1% per month) payable by right and without reminder, as well as a fixed compensation of 40€. In case the Customer does not meet its obligations (default or late payment), the request for service may be refused.
- Travel expenses
Travel expenses are charged if the Photographer uses his vehicle.
Within a radius of 25km, travel costs are free.
Between 26km and 200km, a charge of 0.50€ per km travelled + the price of the toll will be applied.
More than 201km, a additional charge will be calculated by the photographer according to the exact number of kilometres and the mode of transport used.
In case that the Photographer has to stay on site, the accommodation costs will be charged to the Customer. The Photographer undertakes not to choose the most expensive accommodation, but reserves the right not to choose dilapidated or unsafe place.
- Withdrawal periods
In accordance with the law, the Customer has a withdrawal period of 7 working days from the date of booking of the session. After this period, no amount already paid will be reimbursed in case of cancellation made by the Customer, regardless of the reason.
Given the nature of the services offered by the Photographer (photo session which requires a personal approach beforehand and exchanges by email with the Photographer, and products’ order which requires reflection on the selection and images handling) the right of withdrawal does not apply to the ordered products.
- Deadlines for completion
There is no time limit on the session itself, but if the Customer does not arrive at the time agreed by both parties, the shooting time may be shortened so in order not to interfere with the follwing session.
For any products,order, the realisation starts from the date of reception of the full payment of the order.
– For an order of digital files only, the processing time is estimated at 4 weeks.
– For an order of physical media (books / prints / enlargements on different media), the deadline can be up to 3 months (to cover the time of image processing, layout, processing by the supplier, reception and potential delivery problems).
The Customer will be notified by phone, email or sms when the order is completed and available.
The delivery time is given as an indication only, it may be extended in periods of high activity for weddings for example or in the event of late delivery from a supplier, delivery in poor condition, holidays of the Photographer, illness or accident. The above deadlines are given as an indication, and no compensation can be requested if the deadline is exceeded, the Photographer can not be held responsible.
- Photographic style
The Customer declares that he knows and is familiar with the photographic style of the Photographer and requests his services with full knowledge of his artistic style. No contestation can be made against the Photographer because of the photographic style. The choice of images is decided by mutual agreement between the Photographer and the Customer. The Photographer reserves the right to refuse to produce an image that does not correspond to his photographic style.
The post-processing and layout of the books, in the same way as the shooting, is the Photographer’s own and is an integral part of his work, his style and his artistic universe. Nevertheless, the Customer may give indications concerning his preferences for the post-processing to be applied to the digital files and the layout of the books.
- Digital files and retouching
No raw digital files (RAW) will be given to the Customer nor can they be requested by the Customer.
The digital files processed are in JPEG format, no file of any other format will be given. The files are saved by the Photographer for a period of 6 months, (except in the case of disasters beyond his control such as a failed hard disk, flood, fire…) beyond that the Photographer reserves the right to destroy the files.
The Photographer undertakes to deliver the photos individually retouched to the Customer.
If the Customer wishes a particular retouching which is not planned by the Photographer (tattoo, double chin, peeling skin, bruises, scars…) an additional cost may be requested from the Customer depending on the nature of the retouching.
All products are to be collected from the Photographer’s photo studio. The Customer will check the products delivered in person, no claim can be made once the Customer has left.
If the Customer wishes to have the products sent by post because he is unable to collect them or to send someone in his place, the costs are paid by the Customer, who will take responsibility for them. If the work does not arrive or was delivered damaged, the Photographer cannot be held responsible under any circumstances. If the Post Office’s insurance is not sufficient to cover the cost of ordering a new product, the balance will be charged to the Customer. Noted that in the case of postal service, the time taken to receive the order is not included in the time taken to complete the order.
- Printing of the photos
The processing chain of the photos by the Photographer ensures a reliable quality of the prints. If the Customer prints his products himself, whatever they may be, the Photographer declines all responsibility as to the result obtained (colour/quality…) in a normal laboratory. The guarantee of results is only valid for prints made via the Photographer.
- Technical problem and/or accident
In case of technical problem with the photographic equipment or of any kind of accident during the service and preventing the Photographer from delivering the work requested, the full amount paid will be reimbursed, without giving rise to the payment of damages on any reason whatsoever. The Customer may also agree to postpone the session to a futere date, in that case, the amount paid will not be refunded.
The Customer is responsible for his own person and for minors who are with him during the session. The Photographer cannot be held responsible for any accident or damaged equipment during the session if this could have been avoided. No legal action may be taken against the Photographer. In case of damage or damaged equipment by the Customer or those who are with him, the Customer must reimburse the price of the new equipment.
Dispite of all the attention made to the digital files, it may exceptionally happen that following a session, by wrong manipulation, faulty memory card, burglary, fire, electrical damage or computer breakdown, the photographic sources are unusable and this no longer allows to complete the execustion of the service initially agreed upon, the Customer may claim a new service or reimbursement of what has been done previously.
- Force majeure, illness and weather conditions
The Photographer reserves the right to cancel a photographic assignment in case of force majeure or illness. Such a cancellation will not engage his responsibility, nor give rise to the payment of damages on any reason whatsoever, but will procees to a full refund of the amount given for the booking or to postpone the session (by mutual agreement depending on the the cancellation reason). However, it is preferred to postpone the session.
It is considered as force majeure an unforeseeable external factor, making it impossible to carry out the service (in particular an accident).. Each party may invoke this right if the force majeure is characterised. The Photographer or the Customer undertakes to inform the other party as soon as possible by email at firstname.lastname@example.org or by FB messenger.
By mutual agreement, a new date will be planned between the Customer and the Photographer, without any additional costs for the same service. In case of unfavourable weather conditions, the Photographer cannot be held responsible for the non-execution or partial execution of the services initially provided for in the order when these photos must be taken outdoors or when access to the Customer’s home is difficult or impossible. Under no circumstances may the contract be revoked and no refund, even partial, will be made.
In the case of a cancellation of a session which would justify a refund, a proof will be requested.
- Modification and/or postponement
Any modification request (date, place, postponement, etc.) by the Customer must be made at least 15 days before the scheduled date of the session, except in cases of force majeure. Nevertheless, the postponement of a session (including the cases mentioned in 17.) must take place within 2 months after the scheduled date for the initial session, if the Photographer’s planning allows it.
In case of a postponement, the Photographer cannot be held responsible for the non-fulfilment of certain particularities of the session (shooting environment, weather, season, travel time, etc.).
In case of non-conforming or faulty development, the Customer must inform the Photographer in writing within 4 working days upon receipt of the photos. After that period, it is considered that the Customer have accepted the photos as it is.
- Intellectual property
The photos taken during a session with the Customer are protected according to the rules of articles L 121-1 and the law of 11 March 1957 (Intellectual Property Code and Copyright). Even after transfer of the digital files, the photos remain the intellectual property of the Photographer and are therefore not free of rights. Only the Customer’s right to the image is inalienable.
Commercial use by the Customer of the images of his session is not authorised, and must be the subject of a new written agreement with the Photographer. In particular, it is forbidden and punishable by law to digitise the prints with a view to making reproductions (including in a private context), to remove the Photographer’s signature and/or logo by any means whatsoever and to modify the photos (switching to black and white, cropping, various retouching, use of digital filters, cropping to remove the Photographer’s signature, etc.) without the Photographer’s prior authorisation.
For any public use, including social networks and the emails sending (non-exhaustive list), the Customer must use the files signed by the Photographer. If the Photographer finds that this obligation is not respected and asks the Customer to replace the photo(s) concerned, no technical excuse (including the excuse of the number of comments already present under the photo on social networks, or cropping by facebook/instagram) will be accepted and the Customer will have to comply with this requirement under penalty of a fixed charge of 150€ per photo for non-respect of intellectual property.
The photos presented on the website of the photographer Claude Herrmann Photographie are not free of rights. They are the exclusive property of the photographer. Any distribution, reproduction or modification cannot be made without the prior agreement of the other. When accessing the Photographer’s website, the Customer acknowledges that he/she complies with the laws in force and the conditions of use relating to intellectual property rights. The Customer undertakes not to redistribute or reproduce the data published on the website or supplied in the context of the use of the Photographer’s services other than for strictly personal use.
- Image rights and authorisation to distribute
The Customer retains his inalienable right to his image in all circumstances, at all times and in all places. The Customer declares that he/she is of legal age, freely poses for photos and authorises the taking of photos. When the model is a minor, the legal representatives declare that they have reached the age of majority and authorise the shots of their child. They must be present during the session. The Photographer reserves the right to use the images taken during the session for commercial purposes in the context of the promotion of his activity only (website, professional pages on social networks, advertisements, exhibitions, business cards, competitions, etc.) unless express request by the Customer. The Photographer undertakes to sign an “Authorisation for the distribution and representation of the Photos” with the Customer, allowing him to use the photos for the promotion of his activity. The Customer is free to refuse the distribution of his image. In case that the Customer refuses the rights to publish the images, it is also forbidden to publish the photos on the web (Facebook, Instagram, Twitter, etc.). In case of publication by the Customer, the Photographer reserves the right to publish the photos, even if the contract stipulates otherwise. In the case of a session offered for publication to promote the Photographer’s work, if the Customer finally objects to this publication, compensation corresponding to the current session prices will be due.
The Photographer undertakes to respect your privacy. All data collected is intended solely for the commercial use of the Photographer and may not be transferred or sold to third parties.
- Applicable law
All services provided by the Photographer are subject to French law. The parties undertake, prior to any legal action, to submit their dispute to the mediator appointed by the representative bodies of professional photographers. For all disputes related to the application of these GTC or the services provided by the photographer, the competent commercial court will be called upon to settle the dispute.
Claude Herrmann photographie reserves the right to modify the present GTC at any time. The modifications take effect immediately and will be applied even if the booking has been made previously
The Customer acknowledges having read these GTC and accepts them without limitation.