General terms and conditions of sale

The General Terms and Conditions apply to all orders for services concluded between the Customer and Sweetacom (Layla « The Photographer »).

General presentation

The present conditions are intended to define the contractual relationship between the photographer and the client defined as such.

The photographic services are made under contract and/or precise estimate accepted and signed before the photo session by all parties concerned. Any order placed is irrevocable by the client, unless explicitly accepted in writing by the photographer.

Any request to modify an order placed by a client can only be taken into account if the request is made in writing, including by e-mail. Acceptance of modification will only be deemed to have been made after explicit written agreement.

The information and prices present on the website or the blog, which are not contractual, may be modified at any time and without notice. Only the information and rates proposed on the quotations and/or contracts have an official and definitive value.

Assignment of copyrights for private individuals

By choosing a photographic service, the client, as an individual, does not become the owner of all the rights to use the images he receives and cannot claim to use them freely, whatever the medium, in accordance with the Intellectual Property Code.

When the client purchases high-resolution files, the unlimited reproduction right of the photographs is granted for strictly private use, on all types of media. No transfer of rights of digital image files to third parties, nor commercial use, unless explicitly agreed in writing by the photographer.

The diffusion on the internet and its social networks must systematically lead to the quotation of the photographer’s name. The mention of the author is a universal obligation according to the Intellectual Property Code.

This transfer of private rights also applies to paper prints, enlargements, books or any other printing media. These media may not be reproduced and/or copied by any process whatsoever and then published, distributed, exploited in any manner other than private.

Any use of images not authorized in writing and by the photographer will be charged and penalties may be applied.

On the other hand, the photographs may not be modified in any way whatsoever.

Transfer of copyright for professionals

The transfer of copyrights for any professional use is decided and validated beforehand by the estimate and confirmed by the invoice corresponding to the production of the images. Copyright for all internal company communication is automatically assigned for 5 years, on French territory and worldwide. Specific uses must be stated to the photographer and a copyright assignment tariff will be applied, even after the fact.

No transfer to third parties is authorized without the written agreement of the photographer.

Quotation of the photographer’s name is mandatory on all media.

Prices

The selling prices are those applicable at the time of the order. Its prices are inclusive of all taxes.

The estimates established by the photographer are valid for the duration they specify; after this date, the photographer reserves the right to modify the amounts.

Terms of payment and deposit

In order to validate the reservation of a session, the session fee must be paid in full by cash or bank transfer.

These session fees are valid as a deposit and represent a first payment to be used on a purchase. There is no possibility of forfeiture (except in cases of real and serious force majeure). The deposit will therefore be cashed and cannot be returned.

Without return of your signed contract and/or estimate and the payment of your deposit, otherwise known as session fees, the date you wish to book can be assigned without notice to another person who also wishes a photographic service.

Handing over of the pictures and shipping

Photographs will be hand-delivered at the proposed meeting place, if printed.

Photographs are delivered online via a secure platform (WeTransfer).

The deadline for delivery of the pictures to the customer by the photographer is between 7 days and 6 weeks, after validation of the order form, depending on the type of image support. This delay can be extended according to specific conditions such as an increase in seasonal workload, strikes, printer’s stock shortage, defective package, non-payment by the customer for postal shipments and other constraints beyond the photographer’s control.

For any problem of reception of the parcel

Image rights and use of photographs by their author, the photographer

Photographs may be used with the customer’s agreement in respect of image rights by the Sweetacom photographer on :

– its website and its professional pages Facebook, Instagram, LinkedIn, Pinterest, Youtube.

– its communication publications (flyers, demo book, posters, business cards)

– various photo competitions

– to be presented in the print or web press

This in a non-commercial way, for the promotion of his photographic and creative work, with the utmost respect for clients. The photographer expressly refrains from any exploitation of the photographs that may infringe on the client’s privacy or reputation.

Photographs’ conservation period

The photographer undertakes to keep the original documents at the disposal of her client for a period of 1 year from the date of completion of the photographic work. All prints or duplicates must be ordered from the photographer, unless the rights of use have been transferred to the client.

Limitation of damages in case of poor execution of the contract

In the event of loss or deterioration of the photos (not due to improper handling by the photographer) that no longer allows for the complete realization of the Services initially agreed upon, the compensation can only be a maximum equal to the price of the initial Service.

Applicable law

All Services provided by Le Photographe are subject to French law.

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Any services reserved by the customer are deemed to constitute acceptance of all the terms and conditions of these Sweetacom General Terms and Conditions.