GENERAL CONDITIONS OF SALE

Booking contract for any photo shoot

BETWEEN

Ecom34 Sophie Thuilliez Photographer ECOM34 photo studio in St Jory

AND

{name} {first name}

Address: {street} {postal code} {city} {country}

Phone: {tel}

Email: {email}

Hereinafter referred to as “the client”

It was agreed as follows:

The client called on the photographer for the following session:

Session type: {seance_type}
Scheduled for: {session_date} (Date to be determined after the birth of the baby in the case of a newborn session)
Location of the session:

General conditions of sale

These General Conditions of Sale (GCS) create a legal agreement and apply to all sessions and orders concluded between the client {first name} {last name} and the photographer Sophie Thuilliez, SIRET N°0785760137

For any further information, you can contact the photographer via the "Contact" tab on her website.www.ecom34.fr or by email tocccontact@ecom34.fr

1- PRICES

The sales prices are inclusive of VAT (VAT not applicable). The photographer reserves the right to modify its prices and packages at any time, without notice or compensation. Travel and shipping costs may be requested in addition.

The session is paid in 2 to 3 installments:
1- 50% deposit (30% for weddings) at the time of booking, payable by credit card or bank transfer,

2-the remainder on the day by credit card or cash (transfer for weddings)
3- Additional HD photos:

At the studio 15€/retouched photo, pack of 10 to 70€, to recover all the unretouched photos 50€

Outdoors +150€ for the entire retouched gallery

2- RESERVATION

The reservation of a photographic service can take place at any time subject to the availability of the photographer.

50% of the session fees are payable upon booking, online by credit card or transfer

The appointment date will only be validated after receipt of these session fees.

In the absence of payment and receipt of the signed contract within 3 days following the sending of the contract and the invoice by the photographer, the photographer does not undertake to keep the date. In the case of a last minute reservation (Reservation for a slot in less than a week), the deadline to validate the reservation of the session will be reduced, it will be noted on the invoice and in the reservation email.
In the case of a themed session, the contract must be signed and the session fees paid within 30 minutes of choosing the slot.
As booking a photo shoot is a personal process, the client does not have a right of withdrawal.

3- DATE OF THE SESSION - NEWBORN SESSION IN STUDIO
In the event of a newborn session in the studio, the client agrees to notify the photographer of the birth of the infant within 48 hours. The photographer agrees to be able to offer at least two different slots on two different dates.
Without announcing the birth in time, the photographer does not undertake to be able to offer a slot within the baby's three weeks of life.

4- CANCELLATION BY THE CUSTOMER

No amount already paid will be refunded to the customer in the event of cancellation on their part, regardless of the reason. This covers the loss of earnings from a lost session on a flat-rate basis.

In case of force majeure (premature birth, bed rest, illness, accident, epidemic, etc.), the session will be postponed if possible. If it is impossible to reschedule the session, a credit will be created and valid for one year, in order to book another session.

In the case of a pregnancy session, the session will be postponed from 37°SA subject to availability of the photographer. If this is not possible (baby arrives before in the case of a pregnancy session), a credit will be created and valid for one year for the reservation of another session.

In the event of a pregnancy termination, all sums paid will be refunded.

5- MODIFICATION

Any request for modification (date, location, postponement, etc.) by the client must be made no later than 7 days before the initial date of the session, except in cases of force majeure. The postponement of the session must take place within 3 months following the initial date of the session, if the photographer's schedule allows it.

6- DELAY

Any delay by the client will be deducted from the session time. Please notify the photographer by SMS at 07 85 76 01 37 if you are 10 minutes late. Please note that this is a strictly personal number, the photographer will not answer any other calls/SMS.
Any delay will be charged to the session time. After 30 minutes of delay (or 10 minutes in the case of a theme session or mini session), the photographer may refuse to carry out the session, no amount already paid will be refunded.

7- PAYMENT

The photographer accepts payments by credit card, cash and transfer.

Any late payment will give rise to the payment of interest at the minimum rate provided for in Article L 441-6 of the French Commercial Code (legal interest multiplied by three), payable automatically and without reminder, calculated on the amounts excluding tax, as well as a fixed compensation of €40 per invoice for the inconvenience caused.

The customer can request payment in several installments without charge: in two installments from €200 or in three installments from €300.

8- GIFT VOUCHER AND GIFT CARD

Vouchers and gift cards are neither exchangeable nor refundable. The beneficiary of the voucher or gift card must contact the photographer during the validity date. Otherwise, the voucher or gift card will expire and therefore unusable.

9- FREE SESSION

In the event of a free session (search for a model for a photo project, competition, etc.), the photos may be used and distributed free of charge and non-exclusively for any promotion concerning the photographer, some photographs taken during this session (website, blog, Facebook page, Instagram, advertising, book and demo products, etc.).

If the client changes their mind (refusal to publish the photos), the costs of the session and/or photos initially offered free of charge will be invoiced to them.

​

10- PRESENTATION OF PHOTOGRAPHS

A private gallery will be created within an average of 7 days after the session. This time may be revised upwards or downwards depending on the photographer's workload.
The client will be able to view the selection of photographs selected by the photographer. The gallery remains active for 1 year.

11- POST PROCESSING AND RETOUCHING OF PHOTOGRAPHS

Photographs ordered by the client (in the form of a digital file or physical product) are retouched within 2 weeks (excluding holidays).
The photographer disclaims any liability in the event of loss or deterioration of the digital files provided to the client.
Post-processing, like shooting, is specific to the photographer and is an integral part of her work, her style and her artistic universe. The photographer is the only one who decides on the post-processing she will apply to the photographs. Only the photographs processed by the photographer will be usable by both parties.

No raw digital file will be given to the client and cannot be requested; the photographer reserves the right to destroy the photographs after a period of 6 months following the session.

12- CASES OF FORCE MAJEURE OR ILLNESS

The photographer reserves the right to cancel, postpone a service or delay the delivery of photos in the event of force majeure, illness, accident, family problems, dispute with the client, etc. Such cancellation will not incur liability or give rise to the payment of damages for any reason whatsoever. The session will be postponed if possible. If this is not possible, the session fees paid will be refunded.

13- ACCIDENT AND TECHNICAL PROBLEM

In the event of any accident or technical problem with the equipment preventing the photographer from delivering the requested work, the full amount of the service will be refunded without giving rise to the payment of damages of any kind whatsoever.

14- INTELLECTUAL PROPERTY
The photographs taken are protected according to the rules of articles L 121-1 and the law of March 11, 1957 (Intellectual Property Code and copyright). Even after transfer of the digital files, the photographs remain the intellectual property of the photographer and are therefore not royalty-free.

Any commercial use must be specified in the contract. Any use of a photograph, whatever the use (distribution, exhibition, reproduction, etc.) made without the written consent of the photographer constitutes an infringement of copyright.

The client is authorized to reproduce the files and save them on any medium he wishes for the sole purpose of conservation, solely for his personal and private use. In the event of publication of the photographs by the client, the client agrees to cite the name of the photographer "Ecom34" and to mention his websitewww.ecom34.fr

18- IMAGE RIGHTS

The photographer, by definition of the intellectual property code, is the author and owner of the photographic works. No one can modify their images without the photographer's agreement (cropping, color changes, photomontage, insertion or deletion of elements, text, etc.)

19- USE OF THE IMAGE

Photographer Sophie Thuilliez may use and distribute, free of charge and non-exclusively, for any promotion concerning her, some photographs taken during this session (website, blog, Facebook page, Instagram, advertisements, photography competitions, books and demonstration products, etc.). The photographs may be published anonymously if the client wishes (without notification of first names).
Authorization is granted for a period of 3 years upon signing this contract. The authorization will be tacitly renewed for periods of 2 years. The client may terminate it at each deadline by sending an email to the photographer.

20- COVID19
As you know, with the current health crisis, we must take precautions during your sessions. These measures must be followed to the letter. Here they are:
- Wearing a mask for you and your children (except young children). Masks must be worn correctly (on the nose!) and will only be removed at the time of the photo shoot.

- No one is allowed to enter the studio outside of the immediate family: dad + mom + children.
- Hand disinfection at the entrance to the studio and as many times as necessary
- If you are a "contact case", please notify the photographer to postpone your session.

In the event of re-confinement, the session fees paid when booking will be transformed into a nominative credit, valid for one year from the date of signing the contract.

By signing this contract, the customer acknowledges having read and accepted all of the general conditions of sale above.