Wedding & Family Photographer

These termes and conditions create a legal agreement and is applied to all orders and all sales of services and products concluded between the client (designated as "the client") and the photographer Gaël Hubert (designated as "the photographer"). "). They are fully and unreservedly accepted by the client. The photographer reserves the right to modify these general conditions at any time. Each order is governed by the general conditions applicable on the date of the order.

 

 

ARTICLE 1 – SUBJECT

 

Gaël Hubert offers private and public photographic services as presented on his website: www.gael-h-photo.com. Booking a session is equivalent to placing an order by the client and implies unreserved acceptance of these termes and conditions, except special conditions granted by the photographer to the customer. Any document other than these GTC and in particular catalog, prospectus, advertisements, notices, has only an informative and indicative value, not contractual. These generals termes and conditions form an indivisible contractual document with the service contract signed by the customer.

 

ARTICLE 2 – ORDER

 

The order is only effective after receipt of the deposit and must be validated by a contract / quote signed by the customer containing the practical information (date, place, ...). The latter can be signed online or returned signed to the photographer by email. In the absence of payment of the deposit and receipt of the contract, the photographer does not undertake to keep the date. All product orders, photo prints, must be paid in full when placing the order.

 

 

ARTICLE 3 – RATES & PAYMENT TERMS

 

3.1 Prices are expressed in euros (€) and are displayed exclusive of tax (VAT not applicable, article 293 bis of the general tax code). The prices displayed on the site www.gael-h-photo.com are subject to change without notice or prior information. If they vary, any previously fixed service will keep the price applied when taking an order.

3.2 A 30% deposit will be requested in order to validate an order. It can be paid by bank transfer, check or cash. The balance will be paid by the customer by check or cash on the day of the service. No discount for cash or advance payment can be granted.

3.3 The non-payment of the balance results in the cancellation of the delivery of the photos, without refund of the deposit received. The final delivery of the photos will only be made when the order is fully paid.

3.4 The order and the estimate can also be validated electronically, by sending an email in which will be stipulated: "I accept the general conditions of sale".

3.5 The quotes established by the photographer are valid for 30 days.

 

 

ARTICLE 4 – TRAVEL FEES

 

Travel costs are included in the limit of 100km (the return trip must not exceed 50 or 70 kilometers depending on the service chosen), from the photographer's home (Salon de Provence, 13). Beyond this, the transport costs and any other costs will be borne by the actual customer as well as an indemnity depending on the duration of the transport and any waiting times.

 

 

ARTICLE 5 – MODIFICATION OF THE SERVICE

 

Any request to modify a service requested by a client can only be taken into account if the request is sent by email to the photographer at least 7 days before the scheduled date of the service. In accordance with the legal provisions in force, the customer has a withdrawal period of 14 days from the conclusion of the contract. Any request for withdrawal made within the time limit will result in the refund of the deposit. Unless the service has already been carried out in whole or in part. In the event of cancellation of the reservation of a photographic service which has become definitive, it is reminded that in accordance with legal provisions, the amount of the deposit will not be refunded, except in cases of force majeure for the client, excluding charges already paid by the photographers.

 

 

ARTICLE 6 – THE SERVICE

 

The photographs are taken by photographer Gaël HUBERT. The photographer is not subject to an obligation of result. He makes every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic appreciation of the photographer. Consequently, customers recognize that the photographs are not subject to rejection according to the tastes of the customer

 

 

ARTICLE 7 – CLIENT'S OBLIGATIONS

 

The time fixed for the service is imperative and any delay by clients may be charged for the time previously agreed for the session, and may affect the final result. Beyond 30 minutes late, the session will be canceled and the deposit will not be refunded. Customers declare that they are of full age, pose freely for photos and, if necessary, authorize their children to take pictures according to the photographic style they wish. The photographer cannot be hindered during his service by amateur photographers. Children present during photo sessions remain the sole responsibility of the parents. In the event of material damage caused by the customer or the child or any other person related to the customers, the customer will bear the reimbursement of the material in full.

 

ARTICLE 8 – PHOTO EDITING

 

The photographer never delivers raw photographs. Post-processing, like shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. Only the photographer decides which post-treatment he will apply. The processing applied to photos presents an adjustment of many parameters such as colorimetry, contrast, brightness, unblocking of shadows and highlights, sharpness, clarity, vibrancy, saturation, cropping etc ... Any additional retouching ( addition of elements in the photo, localized retouching…) requested by the client is not included in the basic service and will be accepted or not by the photographer who reserves the right to invoice the additional work per image according to the prices in force. Only the photographs processed by the photographers will be usable by both parties.

 

ARTICLE 9 – DELIVERY

 

Gaël HUBERT makes every effort to satisfy the delivery of photos as soon as possible (14 days for a photo shoot, 30 days for a wedding or baptism). A delay in delivery or execution cannot be invoked by the customer to request the termination of the contract, claim damages or claim any other claim. Unless specifically requested by the Customer, digital photos are delivered to a photo gallery allowing download to the link will be communicated as soon as this gallery is available. The resolution of the photos delivered is 4000 x 3000 pixels. 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 print quality of the prints ordered through him. It is not responsible for the printing quality of other printing laboratories or lambda printing websites.

 

 

ARTICLE 10 – BACK UP TIME

As of their delivery to the client, the photographs are kept and archived under their sole responsibility. The customer is invited to make backups on various media. The photographer is not responsible for any loss or deterioration of the digital files given to the client. The files are however archived for a period of 1 year and can be returned if necessary.

 

ARTICLE 11 – RESPONSABILITY

 

11.1 Atmospheric conditions In the event of degraded atmospheric 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 when ordering. No reimbursement will be made, the session (excluding weddings) will be postponed to a later date.

11.2 Force majeure or illness An unforeseeable external event that makes it impossible to perform the service (accident, death of a parent, etc.) is considered force majeure. Each of the parties may oppose this right as soon as force majeure is characterized. Gaël Hubert reserves the right to cancel / postpone a photographic service in the event of force majeure or illness. Such cancellation can neither incur liability nor give rise to the payment of damages for any reason whatsoever. The session will be postponed to a later date.

11.3 Technical problem and accident The photographer agrees to have sufficient equipment to ensure all of his services and to make sure to use equipment in good condition for maintenance and operation. In the event of a technical problem with the photographic equipment or any accident during the service preventing the photographer from delivering the work requested, the entire amount paid will be refunded, without giving rise to the payment of damages in any capacity whether it be. In case of loss or deterioration of the photos before their delivery (burglary, fire, ...), the customer can only claim reimbursement of the service.

 

ARTICLE 12 – INTELLECTUAL PROPRIETY

 

12.1 The photographs constitute works of the mind, as defined by the intellectual property code, of which the Photographer is the author (art. L112-2 CPI). The photographs are reserved for personal and private use of customers, use subject, on any medium whatsoever, to compliance with the provisions of the intellectual property code, and more generally of laws and conventions on copyright. No photograph can therefore be modified in any way without the prior written consent of the author. Clients agree to respect the integrity of the photographer's works, and in particular to faithfully render the colors, without truncating or distorting them. (art. L121-1 CPI)

12.2 The communication of the supports (hard copies, originals and photographs stored on a computer support) does not entail, nor presume the cession of the exploitation rights on the photographs (right of reproduction and / or representation).

12.3 The photographs, in digital or analog format, remain the property of their author or his assigns. (art. L111-3 CPI). Any use whatsoever (distribution, exhibition, reproduction, etc.), other than strictly personal, of a photograph is therefore prohibited without the prior written consent of the author.

12.4 For the purposes of using photos in a context other than the private one, the Photographer assesses the amount relating to copyright, amount depending on the mode of distribution and the volume of distribution. 12.5 Any use of the Photographer's photographs beyond this use and without his written authorization constitutes counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, under this article, penalties which may range from up to 3 years imprisonment and € 300,000 fine.

 

 

ARTICLE 13 – IMAGE RIGHTS

 

The photographs may be freely used by the author, in any medium, to ensure the promotion of his professional activity, subject to respect for the rights of the persons and property photographed and unless expressly requested by the Client expressed in writing before signing. of the quote / validation of the order. Customers accept that their image will be used on all promotional media of the photographer, such as website, social networks, presentation brochure, press article, etc. Image rights are granted for a period of 2 years, renewed by tacit agreement . The Photographer refrains from using any photograph likely to damage the privacy, image or reputation of customers. The Customer can freely oppose the assignment of the image rights. It must however imperatively mention it in writing (email, or mention on estimate) before the signature of the estimate / validation of the order. This refusal constitutes a lack for the communication of the Photographer who reserves the right to charge an increase of 10% on the total amount of the service in question.
restation en question.

 

 

ARTICLE 14 – PERSONNALS DATAS

 

The personal information collected when placing an order is intended exclusively to ensure customer management and in particular the monitoring of reservations for the proper performance of the service ordered. The photographer undertakes not to communicate this information to third parties for any reason whatsoever.

 

 

ARTICLE 15 – APPLICABLE LAW

 

The contractual relations between parties to which these general conditions apply are governed exclusively by French law. Any dispute relating to the formation, execution or interpretation of these general conditions as well as to all conventions to which they apply, will, failing an amicable agreement, be subject to the exclusive jurisdiction of French courts. Any legal action must be taken to a court located in the department of residence of the photographer. The customer acknowledges having read the general conditions of sale above.