General Terms and Conditions of Sale (hereinafter referred to as "GTC" or "Conditions") for any photographic reportage order.
Marjorie MANFRÉ
Self-employed person operating under Siret No. 533 412 136 00020
VAT not applicable – Photographer not subject to VAT – Art. 293B of the CGI.
118 traverse le Mée 13008 MARSEILLE
marjie.photographe@gmail.com
Hereinafter referred to as "the Photographer."
On the one hand,
And: Any client of the website www.marjoriemanfre.com (hereinafter referred to as the "Client")
On the other hand.
Each of the following terms should be understood as defined in the following definitions:
"The Client": any natural or legal person visiting and making a purchase on the Site for professional use.
"The Site": website www.marjoriemanfre.com
1. Purpose
These Conditions aim to define the sales terms of the products/services presented on the Site between the Photographer and the Client. They explain all the stages of the sales process and ensure the follow-up of the order / proper execution of the service between the contracting parties.
The Photographer offers for sale, through this Site: photographic reportages.
2. Acceptance of the TCs
Before the provision of the service, the Client acknowledges having read, understood, and accepted these TCs, which they confirm by signing the service agreement contract annexing the TCs.
The Client undertakes to comply with the TCs throughout the execution of the service contract.
The Client declares to have the legal capacity to commit to these TCs.
3. Intellectual Property and Image Rights
3.1. Intellectual Property
Photographs taken during a session are protected according to the rules of Articles L 121-1 of the law of March 11, 1957 (Intellectual Property Code and copyright).
Even after the transfer of digital files, the photographs remain the intellectual property of the Photographer and are consequently not royalty-free. Only the image rights of the Client are inalienable.
It is expressly forbidden and punishable by law to digitize prints for the purpose of disseminating them on the Internet or making reproductions (including in a private setting), copying and using images presented on the various media owned by the Photographer, removing by any means the Photographer's signature and/or logo, and modifying the photos (conversion to black and white, cropping, various retouches, etc.) without the prior authorization of the Photographer.
When the Client purchases digital files in high or low resolution, they are authorized to reproduce the files and save them on any medium they wish for the sole purpose of preservation, solely for their personal and private use.
Under no circumstances are they allowed to modify (crop, add any effects, etc.) the photos, which remain the original creations of the author.
For any public use, including social networks, the Client must mention the name of the Photographer and either provide the link to her Facebook page, Instagram profile, or website, and use the photos delivered with the Photographer's logo.
In case the Client refuses publication rights to the Photographer, it is also forbidden to publish the photos (on Facebook or other platforms); in the event of publication by the Client, the Photographer may also use the photographs, even if the contract states otherwise.
Any comments or captions accompanying the reproduction or representation of photos must not harm the image and/or reputation of the Photographer. The Client undertakes to be jointly liable with the Photographer in the event of harm caused by an abusive or misappropriated use of images by a third party without their knowledge.
3.2. Right to Image
The Client retains their inalienable right to the image in any circumstance, at all times and in all places. The Client declares to be of legal age, posing freely for photographs, and authorizing the shooting. Legal representatives declare to be 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 their parents or legal representatives are mandatory, except for emancipated minors. In the event that only one parent signs the contract, they attest that the other parent does not object to the shooting or use of the images.
Unless otherwise communicated in writing by the Client before the shooting, the Photographer may use the images for commercial purposes as part of the promotion of their activity (website, professional pages on social networks, advertisements, exhibitions, sales-oriented book editions, etc.) for an indefinite period, with the understanding that the photographs will not be used for purposes that could harm the people represented.
In the case of a free session (collaboration) for dissemination purposes, if the Client opposes this dissemination, a compensatory indemnity corresponding to the current rate will be due.
4. Progress of the Session
4.1. Session Reservation
The reservation of a photo session by the Client is only final upon receipt of the deposit payment (variable depending on the chosen service) or the total amount of the session, and implies full adherence to these GTC. In the absence of payment within 7 days following the Photographer's agreement on the date determined with the Client, the Photographer is no longer obliged to reserve the date for the Client.
4.2. Deposit
The deposit constitutes an initial payment on the total price of the service; it signifies a firm commitment from the Client. In the absence of payment within 7 days from the date of the order, the reservation is canceled. It takes effect on the day of receipt of this payment, which will then be considered as a final reservation.
The balance is to be paid on the day of the photo shoot. Payments by check (made out to Marjorie Dubost), bank transfer, or cash.
No discount for cash payment can be granted. In case of a check without sufficient funds, the Client will be notified by the Photographer and will have a 72-hour period to settle the service in cash or by transfer.
Any late payment will result in the payment of interest at the minimal rate provided for by Article L 441-6 of the Commercial Code (legal interest multiplied by three), due automatically and without reminder, calculated on amounts exclusive of taxes, as well as a lump sum indemnity of €40 per invoice for the inconvenience caused.
4.3. Payment
The balance of the service is to be paid on the day of the session by check (made out to Marjorie Dubost), bank transfer (ensure that the transfer is made in advance so that the sum appears in the Photographer's account on the day of the session), or cash (ensure the exact amount).
4.4. Right of Withdrawal
The Client has a withdrawal period of 14 working days from the day after the conclusion of the order and therefore the payment of the deposit.
Any decision to withdraw made within the specified period will result in a refund of the amount actually paid. However, no refund will be made if the service has been fully or partially performed with the consumer's agreement before the withdrawal period expires. After this 14-day period, the amount paid for the order will no longer be refunded.
4.5. Postponement or Cancellation
If the Photographer cannot fulfill the contract due to force majeure, an attempt will be made to propose a replacement date; if no agreement is reached, the deposit will be fully refunded, without any obligation to pay damages.
4.6 Change of Package
At any time, the Client can choose to upgrade to a higher hourly package at no additional cost. The Client can also choose to switch to a lower hourly package. However, an additional cost may be applied according to the following basis:
Equal to or greater than 2 months before the shooting date: 10% *
1 month before the shooting date: 20% *
15 days or less before the shooting date: 30% *
of the total amount of the initially chosen package.
In the event of a postponement, the Photographer cannot be held responsible for the non-realization of certain session features (season, weather, shooting location, etc.).
In the case of session cancellation by the Client, in accordance with legal provisions, the deposit amount will not be refunded; it covers the flat-rate costs of preparing your session and the loss of income from a lost photographic service.
4.7. Force Majeure and Weather Conditions
An unforeseeable external event rendering the execution of the service impossible (accident, in particular) is considered force majeure. Either party can invoke this right as soon as force majeure is characterized. The Photographer or the Client undertakes to notify the other party as soon as possible by phone or email. By mutual agreement, a new date will be scheduled, at no additional cost for an identical service. In the case of unfavorable weather conditions, the Photographer cannot be held responsible for the non-performance or partial performance of the service initially planned for the order when the shooting is to be done outdoors or when access to the Client's home would be very difficult or impossible. In no case can the contract be revoked, and no refund, even partial, will be made.
4.8. Session Procedure
The Client agrees to be on time for the scheduled session. Beyond a 30-minute delay, the Photographer reserves the right to cancel the session. The delayed time will be deducted from the initially planned duration to avoid penalizing the next Client who should not suffer from this delay. The session may also be postponed at the decision of the Photographer, depending on her availability, within 15 days following the initially planned date.
The Client agrees to facilitate the work of the Photographer during the execution of the service. It is strictly forbidden for the Client to take photos with a camera, mobile phone, or any other device during the session. The Photographer cannot be held responsible for a lower quality of photos in case of lack of cooperation from any of the session participants.
4.9. Technical and/or Accident Issues
In the event of a technical problem with the photographic equipment or any accident during the service preventing the Photographer from completing the requested work, the full amount paid will be refunded, without any obligation to pay damages. The Client can also accept the rescheduling of the session at a later date, in which case the amount paid will not be refunded. Despite all the attention paid to digital files, it may exceptionally happen that, following a session, due to accidental manipulation, unintentional destruction, or computer failure, the sources of the photographs are unusable. In this case, the Photographer offers the possibility of redoing the session to overcome this incident beyond her control. In case of refusal, the Client can only claim a refund of what they have paid, without any compensation.
5. Photographic Style
5.1. Photographic Style
The Client acknowledges that they are familiar with the Photographer's portfolio and requests her services with full knowledge of her artistic style.
The Client also recognizes that the work of the Photographer is in constant evolution, that the service offered by the Photographer is unique and artistic, and that the delivered photographs may differ from those taken by the Photographer in the past.
The Photographer ensures that she uses all her potential and personal artistic judgment to create images consistent with her personal vision of the event. The Client accepts that this vision may be different from theirs.
During sessions at home or outdoors, the Photographer tries to adapt to the conditions specific to the location in terms of brightness and colors. The quality of the photographs will largely depend on these conditions, which cannot be blamed on the Photographer if they are not favorable.
Therefore, the Client acknowledges that the photographs are not subject to rejection based on individual tastes or aesthetic criteria.
5.2. Post-Processing
Post-processing, like shooting, is specific to the Photographer and is an integral part of her work, style, and artistic universe. The Photographer is the only one to decide on the post-processing she will apply to digital and analog negatives. Only photographs processed by the photographer will be usable by both parties.
No raw images will be given to the Client, nor can they be demanded, and the Photographer reserves the right to destroy them at her convenience. No raw files will be delivered to the Client and cannot be demanded. Digital files are delivered in JPEG format. They are kept for 3 years by the Photographer (except in the case of events beyond her control, such as a failed hard drive, flood, fire, or others); beyond this, she reserves the right to destroy them.
5.3. Retouching
Digital retouching is used to enhance a photo and complete the processing of the photo negative.
If the client wishes to receive a new post-processing proposal for a photo, it will be charged according to the current rate for a high-resolution digital file. If the Client wishes for specific retouches, they must also notify them in writing in a summary email. It is important to note that these are natural and realistic retouches, not fashion or beauty retouches.
Revisiting images already retouched when the Client had agreed on the retouching style is not included in the service. This service can be provided but will be charged additionally.
Exchanges regarding retouching will be conducted exclusively by email to keep written records.
6. Order for Photographic Works
6.1. Order from Photos Delivered with a Provider Other Than the Photographer
If the Client insists on printing their products (books, prints, etc.) themselves using the HD digital files they have acquired, the Photographer disclaims any responsibility for the result obtained in a generic laboratory. The Photographer guarantees the result only on prints made by herself.
Likewise, the quality of digital files may not be optimal on a non-calibrated screen. The Photographer disclaims any responsibility for this effect.
6.2. Online Gallery
The photos are uploaded to an online gallery secured by a password.
The gallery will remain active for a minimum of 3 months from the upload date, with possible extension up to 1 year (additional billing possible).
6.3. Order
The full payment will be requested from the Client for products derived from the session (prints, wedding album, enlargements, etc.).
The delivery time is 2 to 8 weeks depending on the products.
In accordance with Article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for these products, considered as being significantly personalized. Dates and availability times are given for guidance only. In case of a delay in delivery from a supplier, the Photographer cannot be held responsible, and no compensation of any kind can be requested.
The postal shipment of ordered products will be billed accordingly.
For wedding albums, a review is offered once the layout work is completed, and changes can be made at the request of the Client. Once these modifications are made, the order is validated and placed without going through the Client's review again. This review entitles the order to be validated as is, or with the modifications mentioned in writing only. In case of problems related to the layout, choice of photos, text, etc., there is no recourse. If it is a problem related to the material book itself, please contact the Photographer within 48 hours.
6.4. Payment
Cash (please bring the exact amount), bank transfer, and checks are accepted.
The balance must be paid in cash on the day of the shoot.
No discount for cash payment can be granted.
In the case of a check without sufficient funds, the Client will be notified by the Photographer and will have a period of 72 hours to settle the service in cash to the Photographer, against the issuance of a receipt.
Any late payment will result in the payment of interest at the minimum rate provided for in Article L 441-6 of the Commercial Code (three times the legal interest rate), due automatically and without reminder, calculated on amounts excluding taxes, as well as a flat-rate indemnity of €40 per invoice for the inconvenience caused.
In the event that the Client has not fulfilled their obligations (default or late payment) previously, the service request may be refused.
6.5. Prices
Prices are those valid on the date of the order. Sales prices are net of tax and are those applicable at the time of booking a session or ordering additional products included in the signed contract.
The Photographer reserves the right to change her rates and services at any time, without notice. Contracts already signed at the time of a rate change are not affected within their validity period.
Travel expenses may be applied. They must be paid in addition.
7. Applicable Law
All services provided by the Photographer are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator designated by the organizations representing professional photographers.
For all disputes related to the application of these Terms and Conditions or the services provided by the Photographer, the Marseille Commercial Court will be called upon to settle the dispute.
