General Terms and Conditions of Sale

(revised 20 July 2023)
These general terms and conditions of sale create a legal agreement and apply to all orders and sales of services and products concluded between the client (referred to as “the client”) and the photographer Camille La Verde (referred to as “the photographer”). They are fully and unreservedly accepted by the client.
The photographer reserves the right to modify these terms and conditions at any time. Each order is governed by the terms and conditions applicable on the date of the order.

ARTICLE 1 – PURPOSE
Camille La Verde offers private and public photography services as presented on its website: www.camillelaverde.com
The act of booking a session is tantamount to the placing of an order by the client and implies unreserved acceptance of these general terms and conditions of sale, except where special conditions have been agreed by the photographer with the client.
Any document other than these General Terms and Conditions of Sale, in particular catalogues, prospectuses, advertisements and notices, is for information purposes only and is non-contractual.
These General Terms and Conditions of Sale form an indivisible contractual document with the service contract signed by the client.

ARTICLE 2 – ORDER
The order is only effective once the deposit has been received and must be validated by a contract/quotation signed by the client and containing the practical information (date, location, etc.). This can be signed online or returned signed to the photographer by e-mail. In the absence of payment of the deposit and receipt of the contract, the photographer does not undertake to keep the date.
All orders for products, photo prints and printing work must be paid for in full when the order is placed.

ARTICLE 3 – PRICES & PAYMENT TERMS
3.1 Prices are expressed in euros (€) and are shown exclusive of tax (“VAT not applicable, art. 293B of the General Tax Code”). The prices displayed on the www.camillelaverde.com website may be subject to change without prior notice or information. If they are subject to change, any service agreed beforehand will retain the price applied when the order was placed.
3.2 A deposit of 30% will be requested in order to validate an order. This may be paid by bank transfer, cheque, cash or via a secure site (PayPal, Lydia). The balance will be paid by the customer by bank transfer, cheque, cash, or via a secure site (PayPal, Lydia) on the day of the service. Any charges relating to payment made in a foreign currency shall be borne entirely by the Customer. No discount will be granted for cash or advance payment. All reservations for photographic work (prints or albums) or orders for gift cards must be paid in full when the order is placed.
3.3 Failure to pay the balance will result in the cancellation of the delivery of the photos, without reimbursement of the deposit received. Final delivery of the photos will only take place once the order has been paid in full.
3.4 The order and the quote may also be validated electronically, by sending an e-mail stating: “I accept the general terms and conditions of sale”, or via the Fotostudio.io platform.
3.5 Estimates drawn up by the photographer are valid for 30 days.

ARTICLE 4 – RIGHT OF WITHDRAWAL

4.1 In accordance with the legal provisions in force, the customer has a withdrawal period of 14 working days from the day after the order is placed. Any request for withdrawal made within this period will result in the deposit being refunded. Unless the service has already been provided in full or in part. In accordance with article 121-20-2 of the French Consumer Code, the right of withdrawal may apply to the booking of a photo session and to the purchase of a gift card, but may not apply to any “object” ordered following a photo session, as these are personalised products. By “item”, the photographer means: photo print, enlargement, photo frame, photo book or any other item representing a photo by the photographer.

4.2 Any sum paid under the contract is referred to as a deposit. The deposit is the initial payment for the entire service (one or more sessions). Once the deposit has been paid, the commitment is deemed firm and definitive for both the photographer and the client. In other words, in the event of cancellation of a booking for a photographic service that has become definitive, please note that in accordance with legal provisions, the amount of the deposit will not be reimbursed, except in cases of force majeure for the client. After the 14-day cooling-off period, no refund of payment will be made, in accordance with legal provisions. If the client wishes to cancel the session: he/she must inform the photographer by registered letter with acknowledgement of receipt, to the postal address mentioned with the heading: “Right of withdrawal”.

4.3 The photographer provides photo sessions by appointment. He takes care to allow sufficient time for the photographic service to be carried out in the best possible conditions and must therefore organise his schedule. The client understands and accepts that any cancellation will have an impact on the photographer’s business. If the client wishes the photo shoot to take place before the end of the withdrawal period, they must expressly request this from the photographer, who must keep their request on paper or on a durable medium (article L.121-21-5 of the French Consumer Code). In this way, the customer retains their right to withdraw, but if they exercise this right, they must pay the professional an amount corresponding to the service provided until they inform the professional of their decision to withdraw. This amount is proportionate to the total price of the service agreed in the contract.

ARTICLE 5 – TRAVEL EXPENSES
Depending on the package, travel costs are included in the price for services in France. Beyond France, transport costs and any other costs will be charged to the customer on an actual basis, as well as an allowance depending on the duration of the transport and any waiting time.

ARTICLE 6 – SERVICE MODIFICATION
Any request to modify a service requested by a client can only be taken into account if the request is sent by SMS to the photographer at least 7 days before the scheduled date of the service. In accordance with the legal provisions in force, the client has a cooling-off period of 14 days from the conclusion of the contract. Any request for withdrawal made within this period will result in the deposit being refunded. Unless the service has already been provided in full or in part.
In the event of cancellation of a reservation for a photographic service that has become definitive, please note that in accordance with legal provisions, the deposit will not be reimbursed, except in cases of force majeure for the customer.

ARTICLE 7 – PERFORMANCE OF THE SERVICE
The photographs are taken by Camille La Verde. The photographer is not subject to an obligation of result. She will do her utmost to provide quality images, as stipulated in the order. The content of these images is left to the photographer’s artistic discretion. Consequently, clients acknowledge that the photographs are not subject to rejection on the basis of the client’s tastes.

ARTICLE 8 – CUSTOMER OBLIGATIONS
The time set for the service is imperative and any lateness on the part of clients may be deducted from the time previously agreed for the session. If the client is more than 30 minutes late, the session will be cancelled and the deposit will not be refunded. Clients declare that they are of legal age, that they are free to pose for photographs and, where applicable, that they authorise their children to be photographed in the style they wish. The photographer will not be hindered in her work by amateur photographers.
Children present during photo sessions remain the sole responsibility of their parents. In the event of material damage caused by the client or the child or any other person associated with the clients, the client will be responsible for reimbursing the equipment in full.

ARTICLE 9 – POST-TRAITEMENT
Sauf cas particulier précisé par écrit, le photographe ne livre jamais de photographies brutes. Le post-traitement, au même titre que la prise de vue, est propre au photographe et fait partie intégrante de son travail, son style et son univers artistique. La photographe est la seule à décider du post-traitement qu’elle appliquera.
Le traitement appliqué aux photos présente un ajustements de nombreux paramètres tels que la colorimétrie, le contraste, la luminosité, le débouchage des ombres et hautes lumières, la netteté, la clarté, la vibrance, la saturation, le recadrage etc… Toute retouche supplémentaire (ajout d’éléments dans la photo, retouche localisées…) demandée par le client n’est pas inclus dans la prestation de base et sera acceptée ou non par la photographe qui se réserve le droit de facturer le travail supplémentaire par image selon les tarifs en vigueur. Seules les photographies traitées par la photographes seront exploitables par les deux parties.

ARTICLE 10 – DELIVERY
Camille La Verde will do its utmost to ensure that the photos are delivered as soon as possible (as announced when the order is placed).
A delay in delivery or execution may not be invoked by the Customer to request cancellation of the contract, claim damages or assert any other claim.
Unless specifically requested by the Customer, digital photos are delivered on a photo gallery that can be downloaded at the following link: https://www.jingoo.com/infos/acces.php/4452845

The gallery is protected by a password defined in advance with the Client or communicated by the Photographer when the photos are delivered.

The Photographer guarantees the quality of the prints ordered through her intermediary or on her website. She is not held responsible for the print quality of other print laboratories or lambda print websites.

ARTICLE 11 – RETENTION PERIOD
Once the photographs have been delivered to the customer, they are stored and archived under the customer’s sole responsibility. The client is invited to make back-ups on various media. The photographer accepts no responsibility in the event of loss or damage to the digital files delivered to the client. However, the files remain available for 3 months and can be returned if necessary.

ARTICLE 12 – LIABILITY
11.1 Weather conditions
In the event of adverse weather conditions such as thunderstorms, storms, heavy rain, etc., the photographer cannot be held responsible for the non-performance or partial performance of the outdoor services initially provided for in the order. No reimbursement will be made, and the session will be postponed to a later date.
11.2 Force majeure or illness
Force majeure is considered to be an unforeseeable external event that makes it impossible to provide the service (accident, death of a relative, etc.). Each of the parties may invoke this right if the force majeure is characterised. Camille La Verde reserves the right to cancel or postpone a photographic service in the event of force majeure or illness. Camille La Verde cannot be held responsible for such a cancellation, nor can it give rise to the payment of damages on any grounds whatsoever. The session will be postponed to a later date.

11.3 Technical problems and accidents
The photographer undertakes to provide herself with sufficient equipment to carry out all of her services and to ensure that she uses equipment that is in a good state of maintenance and working order. In the event of a technical problem with the photographic equipment or an accident of any kind during the service that prevents the photographer from delivering the work requested, the full amount paid will be reimbursed, without this giving rise to the payment of damages for any reason whatsoever. In the event of loss or damage to the photographs before delivery (burglary, fire, etc.), the client may only claim reimbursement of the service.

ARTICLE 13 – INTELLECTUAL PROPERTY
12.1 The photographs constitute intellectual works, as defined by the Intellectual Property Code, of which the Photographer is the author (art. L112-2 CPI). The photographs are reserved for the personal and private use of customers, a use subject, on whatever media, to compliance with the provisions of the Intellectual Property Code, and more generally with the laws and conventions relating to copyright. No photograph may be modified in any way whatsoever without the prior written consent of the author. Customers undertake to respect the integrity of the photographer’s works, and in particular to render the colours faithfully, without truncating or distorting them. (art. L121-1 CPI).
12.2 The communication of media (paper prints, originals and photographs stored on a computer medium) does not imply or presume the transfer of exploitation rights over the photographs (reproduction and/or representation rights).
12.3 Photographs, whether in digital or analogue format, remain the property of their author or his/her beneficiaries. (art. L111-3 CPI). Any use whatsoever (distribution, exhibition, reproduction, etc.), other than strictly personal use, of a photograph is therefore prohibited without the prior written agreement of the author.
12.4 For the purposes of using the photographs in a context other than private, the Photographer shall assess the amount relating to copyright, the amount depending on the method of distribution and the volume of distribution.
12.5 Any use of the Photographer’s photographs beyond this use and without the Photographer’s written authorisation constitutes counterfeiting within the meaning of article L 335- 2 of the same Code, and is punishable, by virtue of this article, by penalties of up to 3 years imprisonment and a fine of 300,000 €.

ARTICLE 14 – IMAGE RIGHTS
Photographs may be used freely by the photographer, in any medium, in order to promote his professional activity, subject to respect for the rights of the persons and property photographed and unless explicitly requested by the Client in writing (e-mail or letter with acknowledgement of receipt) before signing the quotation/validating the order. Clients agree that their image may be used in all promotional material produced by the photographer, such as the website, social networks, presentation leaflets, press articles, etc. Image rights are granted for a period of 2 years, renewed by tacit agreement. Distribution of the images remains strictly anonymous.
The Photographer undertakes not to use any photograph likely to infringe the privacy, image or reputation of the Client.
The Client may freely oppose the transfer of image rights. However, they must indicate this in writing (e-mail, letter with acknowledgement of receipt or mention on the quotation) before signing the quotation/validating the order. Any such refusal constitutes a failure of communication on the part of the Photographer, who reserves the right to invoice a surcharge of 10% on the total amount of the service in question.

ARTICLE 15 – PERSONAL DATA
The personal information collected when an order is placed is intended exclusively for customer management purposes and, in particular, to monitor bookings with a view to the successful completion of the service ordered.
The photographer undertakes not to communicate this information to third parties for any reason whatsoever.

ARTICLE 16 – APPLICABLE LAW
The contractual relations between the parties to which these general terms and conditions apply are governed exclusively by French law.
Any dispute relating to the formation, performance or interpretation of these general terms and conditions and any agreements to which they apply shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the French courts. Any legal action must be brought before a court located in the photographer’s département of residence.
The customer acknowledges having read the above general terms and conditions of sale.

Camille La Verde, Photograph

12, Boulevard de la Fontaine – 66390 BAIXAS

N° de Siren : 889121356

© All rights reserved – www.camillelaverde.com

+33 7 68 86 83 15 – camillelaverde@pm.me