GENERAL TERMS AND CONDITIONS OF SALE

For the purpose of transparency, these General Terms and Conditions have been translated. However, only the French version serves as the legal reference. In case of discrepancy or dispute, the original French text shall prevail.

The photographer reserves the right to amend these terms and conditions at any time. Each order is governed by the terms and conditions in force on the date the order is placed.

Article 1: Purpose

Le photographe propose des prestations photographiques privées et publiques telles que présentées sur ses sites Internet :

• https://www.flotographie.com (Sport, Corporate, Professional events, etc.)

• www.FlorianFrison.com (Weddings, Portraits, Special Occasions, etc.)

Booking a session constitutes an order placed by the client and implies unconditional acceptance of these general terms and conditions of sale, unless specific terms have been granted by the photographer to the client and agreed in advance.

Any document other than these Terms and Conditions of Sale – including, in particular, catalogues, leaflets, advertisements and instructions – is provided for information and guidance purposes only and is not contractually binding.

These general terms and conditions of sale form an indivisible contractual document together with the service contract signed by the customer.

Article 2: Order

Bookings for photography services can only be made by email.

All bookings are confirmed by the photographer upon receipt, by email, of the contract signed by the client, setting out the practical details (date, venue, specific terms and conditions of the proposed service) and stating the agreed deposit amount.

If the deposit is not paid within 7 days of receipt of the signed contract, the photographer can no longer guarantee that the proposed dates will remain available.

Article 3: Fees and payment terms

3.1 Billing, Payment and Additional Charges

Under Article 293B of the General Tax Code, VAT does not apply to sole traders and prices are shown exclusive of VAT (HT). In the event of a change in rates, any service for which a price has already been agreed will retain the rate applied at the time the order was placed.

Travel or accommodation costs may apply. These will be specified in the quotation.

Travel costs for distances over 20 km: €0.70 per km, plus any motorway tolls if it is necessary to use the motorway.

Quotations provided by the photographer are valid for 30 days.

A 30% deposit will be required to confirm an order. This can be paid by bank transfer, credit card, PayPal, cash or cheque.

The balance is to be paid by the client by bank transfer, credit card, PayPal, cash or cheque, no later than the day of the service.

Failure to pay the outstanding balance will result in the cancellation of the delivery of the photographs, with no refund of the deposit paid. The final delivery of the photographs will only take place once the order has been paid in full.

​Acceptance and/or signing of the quotation constitutes acceptance of and understanding of the Terms and Conditions.

​Any delay in payment will result in a formal notice being issued and in interest becoming payable automatically and without further notice at a rate of 20 per cent of the total invoice amount per month of delay, in accordance with Article L441-6 of the Commercial Code, as well as a fixed compensation payment of €40 per invoice.

This surcharge will be calculated within 30 days of the invoice date, based on the payment due date. In the event of late payment, the Photographer reserves the right at any time to suspend or cancel the delivery of outstanding orders (or the performance of services currently in progress) without incurring any liability in this regard.

3.2 Pay in 4 instalments via PayPal with no fees

We offer payment in four instalments at no extra cost via PayPal to make your transactions easier. By choosing this payment method, you agree to PayPal’s specific terms and conditions relating to instalment payments. These terms include, in particular, the refund policy, payment due dates and any charges that may apply in the event of a breach of the terms.

Please note that eligibility for payment in four instalments is determined entirely by PayPal according to their own criteria. The photographer cannot under any circumstances be held responsible if PayPal refuses to authorise this payment method. If you have any questions regarding eligibility, please contact PayPal directly.

In the event of a dispute or any issue relating to payment in instalments, PayPal remains your primary point of contact, in accordance with their terms of use.

Article 4: Changes to the service

Any request to amend a service will only be considered if the request is made by the client via email to the photographer at least 7 days before the scheduled date of the service.

In accordance with the applicable legal provisions, the customer has a withdrawal period of 14 working days from the date the order is signed. Any request for withdrawal made within the specified period will result in a refund of the deposit, unless the service has already been provided in full or in part.

In the event of cancellation of a confirmed booking for a photography service, please note that, in accordance with the relevant legal provisions, the deposit will not be refunded, except in cases of force majeure on the part of the client.

​​Article 5: Provision of the service

The services are provided by the photographer.

The photographer is not bound by an obligation to achieve a specific result. He shall use all reasonable endeavours to provide high-quality images, as stipulated in the commission. The content of these images is left to the photographer’s artistic discretion.

Consequently, customers acknowledge that the photographs cannot be rejected on the basis of the customer’s personal taste.

Article 6: The customer’s obligations

The time set for the service is strictly adhered to, and any delay on the client’s part 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 confirm that they are of legal age, that they are posing for photographs of their own free will and, where applicable, that they consent to photographs being taken of their children in accordance with the photographic style they wish.

The professional photographer must not be hindered by amateur photographers whilst carrying out their work.

Parents remain fully responsible for any children present during the photo shoots. In the event of damage to property caused by the client, a child or any other person present, the full cost of the damage must be reimbursed.

Any use of the photographs beyond the terms and conditions set out in the licence fees specified in the quotation or in writing is strictly prohibited. Should there be any changes to the terms of use, clients must contact the photographer to obtain a new quotation.

What are disposal costs?

https://www.flotographie.com/pourquoi-les-frais-de-cession-sont-indispensables-en-photographie/

Article 7: Post-processing

A photographer never delivers unedited photographs. Post-processing, just like the actual shooting, is unique to the photographer and forms an integral part of their work, style and artistic vision. The photographer alone decides on the post-processing techniques they will apply.

Customers undertake not to edit or crop the photographs without first obtaining the photographer’s written permission.

Any additional retouching requested by the client will be accepted or declined by the photographer, who reserves the right to charge for the additional work on a per-image basis in accordance with the current rates.

Only photographs processed by the photographer may be used by both parties.

Article 8: Delivery

 The photographer will do everything possible to ensure the photos are delivered as soon as possible (within one month at the latest).

The customer may not invoke a delay in delivery or performance as grounds for terminating the contract, claiming damages or making any other claim.

The selected and edited photos are sent to the client via a download link or through a password-protected private gallery.

Digital files are delivered in JPEG format. All other files remain the property of the photographer and will not be provided to the client under any circumstances.

Article 9: Retention period

From the moment they are delivered to the client, the photographs are stored and archived under the client’s sole responsibility. The client is advised to make backups on various media.

The photographer accepts no liability for any loss or damage to the digital files provided to the client. However, the files will remain available for three months and can be resent if necessary.

Article 10: Responsibilities

10.1 Adverse weather conditions

In the event of adverse weather conditions, such as thunderstorms, storms or heavy rain, the photographer cannot be held liable for the non-performance or partial performance of the outdoor services originally specified in the booking.

If possible, the session may be rescheduled or a credit note will be issued for another session.

10.2 Force majeure or illness

Force majeure is defined as an unforeseeable external event that makes it impossible to perform the service (accident, death of a relative, etc.). Either party may invoke this right once force majeure has been established.

The photographer reserves the right to cancel or postpone a photography session in the event of force majeure or illness. Such a cancellation shall not give rise to any liability on the photographer’s part nor to the payment of damages on any grounds whatsoever. The session will be rescheduled for a later date.

In the event of a wedding, the photographer undertakes to do their utmost to help the clients find another available service provider to carry out the service.

All amounts paid will then be refunded, without this giving rise to the payment of damages of any kind.

10.3 Technical problems and accidents

In the event of a technical fault with the photographic equipment or any accident during the assignment that prevents the photographer from delivering the work requested, the full amount paid will be refunded; however, this shall not give rise to any claim for damages on any grounds whatsoever.

In the event of the loss or damage of the photographs prior to their delivery (e.g. burglary, fire, etc.), the customer shall only be entitled to a refund of the service fee.

Article 11: Intellectual property

Photographs taken during a session with the client are protected in accordance with the provisions of Articles L 121-1 et seq. of the Intellectual Property Code.

Even after the digital files have been transferred, the photographs remain the intellectual property of the photographer and are therefore not royalty-free. The client is not authorised to use the images from their photo shoot for commercial purposes; any such use must be covered by a new written agreement with the photographer.

Any personal use of a photograph, of whatever nature and for whatever purpose (publication on the internet, exhibition, etc.), must include the name of Florian FRISON EI – Flotographie.com or FlorianFrison.com.

Or the following posts on various social media platforms:

• Facebook : Flotographie

• Instagram : @flotographie73 (Sport, Professional events, etc.) / @florianfrisonphoto (Weddings, Portraits, Private events, etc.)

• LinkedIn : Flotographie

• Twitter : @flotographie73

• Tiktok : @flotographie73

The customer holds the rights to print and reproduce the photographs for private use only, unless otherwise agreed in advance.

Article 12: Right to one’s own image

The photographer reserves the right to use the photographs they have taken for the purpose of promoting their business (website, social media, exhibitions, etc.). The client must indicate their agreement or disagreement at the time of signing the contract.

In the event of a refusal, the client may not object to the use of photographs in which they are not recognisable. Similarly, any photograph published publicly (on the internet, social media, etc.) by the client may be used by the photographer.

Article 13: Personal data

The personal data collected when an order is placed is used exclusively for customer management purposes, in particular to track bookings with a view to ensuring the successful delivery of the service ordered.

The photographer undertakes not to disclose this information to third parties for any reason whatsoever.​

Article 14: Collaboration

The photographer expressly undertakes not to use the photographs in any way that might infringe the client’s privacy or damage their reputation, nor to use the photographs covered by this authorisation in any material of a pornographic, racist or xenophobic nature, or for any other harmful purpose.

It will make proof of each publication available to the customer on request, and will encourage its partners to do the same, doing everything in its power to achieve this objective.

The client confirms that their authorisation is granted on condition that the photographer undertakes to send them the photographs, as soon as they are ready and within a maximum of two weeks, in digital format for their personal use only. They undertake not to use them for commercial purposes, as they are not the author of the images that will be provided to them.

​Article 15: Governing law

The contractual relations between the parties to whom these general terms and conditions apply shall be governed exclusively by French law.

Any dispute relating to the formation, performance or interpretation of these general terms and conditions, as well as any agreements to which they apply, shall, in the absence of an amicable settlement, be subject to the exclusive jurisdiction of the French courts, and more specifically the courts of general jurisdiction.​

Article 16 – Amicable Settlement – Mediation – Applicable Law 

In the event of any dispute or difficulty arising between the parties, they undertake to endeavour to seek an amicable settlement. The party initiating proceedings under this clause must send the other party a letter by registered post with acknowledgement of receipt or an email setting out the subject matter of the dispute. The receiving party must reply in the same manner within a reasonable period from receipt of the letter or email. All steps to be taken by the parties to reach, where possible, an amicable resolution of the dispute must be completed within thirty (30) calendar days from the day following the date of receipt of the letter (or email) sent by the initiating party.

In accordance with the provisions of the Consumer Code, should an amicable resolution of the dispute prove unsuccessful, the Consumer Customer may refer the matter, free of charge, to the mediation body with which the Service Provider is affiliated, namely CM2C, located at CM2C – 49 Rue de Ponthieu – 75008 PARIS – https://www.cm2c.net – cm2c@cm2c.net.

This is by no means an obligation. In accordance with EU Regulation 524/2013, consumer customers may also contact the European Commission’s online dispute resolution portal by clicking on the following link:  https://webgate.ec.europa.eu/odr/. Complaints submitted via this platform are forwarded to French mediation bodies.

The customer acknowledges that they have read the above terms and conditions of sale.