Terms of Sales

 

GENERAL

Any purchase or order made from EL Photographer implies full acceptance of these general conditions of sale.

 

ARTICLE 1 - COPYRIGHT

EL Photographer does not grant in any case all of the copyright.

 

1.1 - MORAL RIGHTS

The photographer enjoys the right to respect for his name, his quality and his work. This right is perpetual, inalienable and imprescriptible. (Articles L.121-1 to L.121-9 of the Intellectual Property Code).

 

1.2 - PATRIMONIAL RIGHTS

The exploitation right belonging to the photographer includes the right of representation and the right of reproduction. (Articles L.121-1 to L.122-12 of the Intellectual Property Code).

The photographs taken by me, distributed and marketed through my website are intended for personal use. Copyrights are governed by the intellectual property code by the laws of March 11, 1957 and July 3, 1985. To find out the scales for the transfer of rights for the reproduction of photographs in the press or in advertising, write to us by E-mail to the "contact" section or by mail to EL Photographe, 36, rue Danton 92300 Levallois-Perret.

 

ARTICLE 2 - ORDERS

The placing of an order by the customer implies unreserved acceptance of these general conditions of sale, except for special conditions agreed in writing by the photographer to the customer. Any document other than these T & Cs and in particular catalogs, prospectuses, advertisements, notices, is only informative and indicative, not contractual. These T & Cs form an indivisible contractual document with the order form and / or online orders via the website.

All orders must be ratified by a voucher signed by the customer or his authorized representative. The following is specified on the order form: the date of completion of the service, the times, the location (s), the price and the deposits paid. Any estimate signed by the parties takes the place of an order form.

 

ARTICLE 3 - PRICES

The prices of our products are indicated in Euros all taxes included, excluding postage and packaging costs. These amount to 10 euros for any order delivered in mainland France (including Corsica).

EL Photographer reserves the right to modify its prices at any time. The products are invoiced on the basis of the price in effect at the time the order is placed.

 

ARTICLE 4 - ACCEPTED MEANS OF PAYMENT

For the payment of reports, 30% will be requested when ordering and the balance of 70%, before the shooting on the day of the event, by transfer or by check payable to EL Photographer.

For any ordering of photos on site or via the sites: www.ericlahurtephotographe.com or www.ericlahurtephotographemariage.com, payment is made when ordering, the accepted means of payment are checks, bank cards and wire transfer.

For photos and cd-rom purchased at the event location, the accepted payment methods are checks and cash.

EL Photographe reserves the right to refuse a payment coming from a foreign country, not a member of the European Economic Community, or due to technical difficulties, in particular regarding checks drawn on foreign accounts or transactions originating in foreign countries. which may result in significant bank commissions and currency exchange fees.

 

ARTICLE 5 - MODIFICATION OF THE ORDER

Any order placed is irrevocable by the customer, unless expressly agreed otherwise by the photographer.

Any request for cancellation of service must be sent by registered letter with acknowledgment of receipt within a maximum period of 7 working days from the signing of the contract. Beyond that, the deposit paid is not refunded.

Cancellation of the contract by the spouses, in case of early payment before the service, the balance will not be refunded.

In case of modification of the order by the customer, the photographer will be released from the agreed deadlines for its execution.

 

ARTICLE 6 - PERFORMANCE OF THE SERVICE

The photographs are taken by EL Photographer or by any other photographer designated by him.

The Photographer undertakes, in the event of a major impossibility for the photographer to provide the agreed service himself, he will inform the clients, who will have the choice between: a refund of the deposit or replacement by a colleague.

 

ARTICLE 6.1 - DRONE

Order of 18 May 2018 relating to the requirements applicable to remote pilots who use civil aircraft traveling without anyone on board for purposes other than leisure.

Link https: www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037019315&categorieLien=id

 

ARTICLE 7 - CLIENT'S OBLIGATION

When carrying out the photographic service, the customer agrees to respect the photographer's instructions and in particular:

The professional can not be hampered in the service by amateur photographers.

The portraits of the bride and groom must be made in their sole presence, to the exclusion of any third party unless expressly agreed by the photographer.

The prior consent of the priest must be obtained in the event of photographs taken during Mass. In the event of failure to comply with these instructions, the photographer cannot be held responsible for the poor performance of the service.

For all packages up to the show, a hot meal should be provided for the photographer (s) covering the wedding.

Hospitality costs payable by the customer (2 photographers + videographer if video package selected)

Beyond 5 modifications of the proof by the bride and groom, the other modifications will be invoiced at the rate of 50 euros / modifications.

Customers undertake to do everything in their power to facilitate the Photographer's work, such as, for example: explaining to him, if applicable, delicate family situations to avoid him committing blunders.

The organization of the premises as well as the instruction given to the family and all the guests not to hinder the Photographer in his work.

Any request for additional photos in the album and validated by the photographer will be billed at 5 euros per photo.

The client undertakes not to distribute the images to the various wedding providers (hairdresser, make-up artist, caterer, etc.) without prior authorization from the photographer.

 

ARTICLE 8 - FORCE MAJEURE AND ILLNESS

In the event of force majeure provided for by article 1148 of the Civil Code (bad weather conditions, bad weather, thunderstorms, storms, strike, border closures, viruses, pandemics, etc.),

The photographer reserves the right to modify or cancel the conditions of execution of the service provided for on the order form.

A cancellation can neither engage its responsibility nor give rise to the payment of damages and interest for any reason whatsoever.

Deposits paid upon signature of the contract by the customer will not be refunded.

In the event of force majeure, the photographer reserves the right to modify the conditions of execution of the service provided for on the order form.

The photographer agrees to do everything possible to help the client find another service provider available to perform the service or to suggest another date to the client.

For gift vouchers, these will not be refunded.

 

ARTICLE 9 - DELIVERY TIMES

The work can be shipped at the declared value, at the customer's request and at his expense, after full payment of the invoice which will include the said costs. (also valid for online orders). The professional agrees to supply the customer within the time limits indicated on the order form. Uploading photos in the private gallery within 15 days maximum after the wedding. All the elements of the photo package (Album, USB key, DVD, etc.) are delivered once within 1 month maximum (21 working days) after validation of the proof (proof), no separate shipments.

The sending of the DVD or the USB key before the production and shipping of the album will be invoiced: 150 € / unit.

The DVD or USB video key will be delivered within 2 months maximum.

Any delay in the performance of the service may give rise to compensation equal to the damage justified by the customer, except in cases of force majeure or delay due to the fault of the customer. If sent by post, the photographer is not responsible for any delays that may occur in the delivery of mail.

 

ARTICLE 10 - COMPLAINTS

In the event of non-conforming development or defect, the customer must inform the photographer in writing within 7 days of receipt of the photographs. Otherwise, after this period, the customer will be deemed to have accepted the photographs as is.

 

ARTICLE 11 - PHOTO PAPER PRINTS

The delivery of prints on photo paper ordered by order form printed on the website www.ericlahurtephotographe.com or www.ericlahurtephotographemariage.com takes place within a maximum of 15 working days, subject to any disturbance related to the postal network and to reception. of your order. The customer is responsible for the address provided. No complaints will be accepted if the address provided is incorrect or incomplete.

 

ARTICLE 12 - INVOICES

Any invoice relating to your purchases made by EL Photographer will be obtained upon delivery of your order. EL photographer is subject to the non-applicable VAT regime, art. 293B of the general tax code.

 

ARTICLE 13 - DATA PROCESSING AND FREEDOMS

13.1 - ACCESS TO YOUR PERSONAL DATA

In accordance with the Data Protection Act of January 6, 1978, you have the right to access and rectify photos concerning you.

 

13.2 - LIMITATION OF LIABILITY

Despite all the care taken as to the prudence and diligence required to ensure the security and preserve the confidential nature of the photos published on its site, EL photographer declines all responsibility for any attempted break-in, computer hacking or acts of malicious acts committed on the network and targeting computer installations linked to the provision of the service despite the precautions taken, and with regard to the harmful consequences which may result therefrom.

EL Photographer may initiate any legal action against any attempted embezzlement targeting its computer systems ensuring the operation of the service www.ericlahurtephotographe.com or www.ericlahurtephotographemariage.com

 

ARTICLE 14 - INTELLECTUAL PROPERTY

The photographs are the property of the photographer. Any use of a photograph, whatever it is and whatever its uses: distribution, exhibition, reproduction, made without the photographer's prior written consent constitutes an infringement of forgery. If the photographer agrees, it gives rise to an agreement which includes the payment of user fees. The customer will be held responsible for any violation of this prohibition.

 

ARTICLE 15.1 - DEADLINE FOR MANUFACTURING

Deadline for making the album and the elements making up the packages, the deadline is 1 year after the photos are uploaded to the private gallery.

After the expiration of the deadline EL photographer will no longer be required to proceed with the production.

 

ARTICLE 16 - LOSS AND DAMAGE OF PHOTOGRAPHS

In the event of loss, theft or destruction of the images or video taken under this contract, the Photographer undertakes to return all sums received for his service.

 

ARTICLE 17 - AFTER-SALES SERVICE

EL Photographe's after-sales service is available at the address and telephone number indicated on www.ericlahurtephotographe.com or www.ericlahurtephotographemariage.com or through the contact page.

 

ARTICLE 18 - SETTLEMENT OF DISPUTES

Any dispute relating to the validity, interpretation or execution of the contract and after the failure of any amicable conciliation, will be submitted to the courts of Nanterre.

The parties undertake, before any legal action, to submit their dispute to the mediator appointed by the bodies representing professional photographers. Any question relating to these general conditions of sale is governed by French law.

 

ARTICLE 19 - MODIFICATIONS OF THE GENERAL CONDITIONS OF SALE

EL Photographer reserves the right to make changes to these general conditions of sale at any time without notice.

These general conditions of sale apply exclusively between EL Photographer represented by Eric Lahurte and any person visiting or making a purchase via the sites: www.ericlahurtephotographe.com or www.ericlahurtephotographemariage.com

These general conditions of sale may be subject to modifications, the conditions applicable are those in force on the site on the date of placing your order.

 

ARTICLE 20 - PUBLISHER INFORMATION

The sites: www.ericlahurtephotographe.com and www.ericlahurtephotographemariage.com are edited by EL Photographe.