TERMS OF SALES
Applicable from November 1, 2022
Clause n°1: Purpose and scope
These general conditions of sale (GTC) constitute the basis of commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
The general conditions of sale described below detail the rights and obligations of the company Paul HB and its client in connection with the sale of the following goods: Photographs.
Any acceptance of the estimate/purchase order, including the clause “I acknowledge having read and I accept the general conditions of sale attached hereto” implies the buyer’s unreserved acceptance of these general conditions of sale.
The general conditions of sale create a legal agreement and apply to all orders for services and products concluded between the Customer (hereinafter called “the customer”) and Paul HB (hereinafter called “the photographer”). Any booking of a session or order of products entails full adherence to these T&Cs, except for special conditions agreed in writing between the photographer and the client.
Clause n°2: Booking a session, ordering additional products and withdrawal period
The payment of a deposit signs a firm commitment on the part of the customer and entails full adherence to these T&Cs. The reservation is not definitive until reception of the payment of this payment. In the absence of receipt of payment within 7 days of the photographer’s agreement for the date and time agreed with the customer, the reservation will be purely and simply canceled and this without notice and without the customer being able to claim any compensation. . Payment is made by credit card (through Paypal) or in cash. No discount for cash payment will be granted. In accordance with the law, the client has a withdrawal period of 14 working days from the day after the booking of the session. After this period, no amount already paid will be refunded to him in the event of cancellation on his part,
Clause n°3: Postponement or cancellation
If the photographer cannot honor the contract due to force majeure, a replacement date will be offered as far as possible; in the event that no agreement is reached, the shooting costs will be fully reimbursed to the customer, without giving rise to the payment of damages for any reason whatsoever. Force majeure is considered to be an unforeseeable external event that makes it impossible to perform the service (accident, death, snow, ice, illness, etc.). Each of the parties may oppose this right when force majeure is characterized.
the photographer or the client agrees to notify the other party as soon as possible by telephone. By mutual agreement, a new date will be planned, without any additional costs for the same service.
Any request for modification (date, time, place) by the client must be made no later than 14 days before the scheduled date of the session, except in cases of force majeure. In the event of a postponement, the photographer cannot be held responsible for the non-realization of certain particularities of the session (season, weather, shooting environment, etc.). In case of cancellation of the session by the client, the deposit will not be refunded; it covers the costs of preparing your session and the loss of profit from a lost photographic service. The law provides that the balance is paid to the photographer.
Clause n°4: Conduct of a session
The client agrees to be on time for the appointment set for the session. The client undertakes to facilitate the work of the photographer during the performance of the service. It is strictly forbidden for the client to take photos with a camera, mobile phone or other during the session. The photographer cannot be held responsible for a lower quality of the photos in the event of lack of cooperation from one of the participants of the session. The total payment for the service will be paid either before the session, or at the very beginning of it, before the photo is taken.
Clause n°5: Technical problem
In the event of a technical problem with the photographic equipment or any accident during the service and preventing the photographer from carrying out the work requested, the full amount paid will be reimbursed, without however giving rise to the payment of damages to any title whatever. The client may also accept the postponement of the session to 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, by accidental manipulation, involuntary destruction, faulty memory card or computer failure, that the sources of the photographs are unusable. In this case, the photographer offers you the possibility of redoing the session in order to overcome this incident beyond his control. In case of refusal, the customer can only claim reimbursement of the sums he has paid, without any compensation.
Clause n°6: Liability
The client is responsible for himself and the people accompanying him to the session. In the event of deterioration or breakage of the equipment by the customer(s) or their companions, the latter must reimburse the price of new. If the accident is due to the photographer, his professional civil insurance will be triggered.
Clause n°7: Post-production and preservation of digital files
The client acknowledges being familiar with the photographer’s portfolio and requests his services with full knowledge of his artistic style. It also recognizes that the work of the photographer is constantly evolving, that the service offered by the photographer is unique and artistic and that the photographs delivered may be different from photographs taken by the photographer in the past. The photographer ensures that he uses all his potential and all his personal artistic judgment to create images consistent with his personal vision of the event. The client accepts that this vision is different from his own. Consequently, the photographs cannot be subject to rejection according to individual tastes or aesthetic criteria. No raw file (raw) will be delivered to the customer and cannot be demanded. Digital files are delivered in high quality jpeg format.
The conservation of the photographs is guaranteed for 6 months (except disaster beyond its control such as a faulty hard disk, a flood, a fire or others); beyond that, the photographer reserves the right to destroy them.
Clause n°8: Printing of photos
If the customer wishes to print his own products (books, prints, etc.) using the digital files he has acquired, the photographer declines all responsibility for the result obtained in a labda laboratory. That
Clause n°9: Delivery of the order
The dates and deadlines for availability are only given as an indication; in the event of late delivery by a supplier, the photographer will not be held responsible and no compensation whatsoever may be requested.
Clause n°10: Intellectual property
The photographs taken during a session are protected according to the rules of articles L 121-1 and law of March 11, 1957 (Code of Intellectual Property and copyright). Even after transfer of the digital files, the photographs remain the intellectual property of the photographer and are therefore not free of rights. Only the right to the image of the customer is inalienable to him. Any commercial use by the client is strictly prohibited without the written consent of the photographer. Any use of a photograph, for whatever purpose (competition, distribution, exhibition, reproduction, etc.) made without the written consent of the photographer constitutes an offense of counterfeiting, within the meaning of article L 335- 2 of the same Code, and is punishable by penalties of up to 3 years’ imprisonment and a fine of €300,000. In particular, it is prohibited and punishable by law to digitize the prints with a view to distributing them on the Internet or making reproductions (including in a private context), to copy and use the images presented on the various specific media. to the photographer, to remove the photographer’s signature and/or logo by any means and to modify the photos (transition to black and white, cropping, various retouching, etc.) without the prior authorization of the photographer. When the customer purchases the digital files in high quality, he is authorized to reproduce the files and save them in any medium he wishes for the sole purpose of preservation, solely for his personal and private use. For any public use such as social networks, the customer must mention the name of the photographer and put the link to his site. In the event that the client refuses the publication rights to the photographer, he is also prohibited from publishing the photos (Facebook or others).
Clause n°11: Image rights and authorization to broadcast
The customer retains his inalienable right to the image in any circumstance, any time and any place. The Customer declares to be of legal age, to pose freely for photographs and to authorize the shooting. The legal representatives declare that they are adults and authorize the shooting of their minor child(ren). If one of the legal representatives turns out to be a minor, the signatures of his parents or his legal representatives are mandatory, except for emancipated minors. In the event that only one parent signs the contract, he certifies that the other parent has been notified of the session and does not oppose either the shooting or the exploitation of the images produced if the right of exploitation has been granted by the signing parent. Unless otherwise specified by the customer, the photographer may use the images for commercial purposes as part of the promotion of his activity (website, professional pages on social networks, advertisements, exhibitions, etc.) for a period of 30 years. In the case of a session offered or at a preferential rate by the photographer with a view to distributing the photographs taken, if the client ultimately opposes this distribution, he must pay for the session at the current rate.
Clause n°12: Personal data
The photographer undertakes to preserve the privacy of his clients. Under no circumstances will the data collected be transferred or sold to third parties. The personal information requested from the client is intended exclusively for the photographer for administrative and commercial management purposes.
Clause n°13: 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 appointed by the representative bodies of professional photographers. For all disputes relating to the application of these general conditions of sale or the services provided by the photographer, the competent court will be appealed to settle the dispute.
Clause 14: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Paul HB company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n°15: Discounts and rebates
The prices offered include discounts and rebates that the company Paul HB would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause n°16: Discount
No discount will be granted in the event of early payment.
Clause n°17: Late payment
In the event of total or partial non-payment of the goods delivered on the due date, the buyer must pay Paul HB a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order no. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause n°18: Cancellation clause
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company Paul HB.
Clause n°19: Retention of title clause
The company Paul HB retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer is the subject of a reorganization or a judicial liquidation, the company Paul HB reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 20: Delivery
Delivery is made:
- either by direct delivery of the goods to the buyer;
- either by sending a notice of availability in store to the attention of the buyer;
- or by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
- the award of damages;
- cancellation of the order.
The risk of transport is fully borne by the buyer.
In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR addressed to the company.
Clause n°21: Force majeure
The responsibility of the company Paul HB cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n°22: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court.