S. PHOTOGRAPHY

This page has been originaly written in french and has been translated via Google Translate. They may still remain a few mistranslations. For any question regarding this topic, please contact me via email : sandy.bizzozero@gmail.com  Thank you for your understanding. 

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1. Object

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The Photographer, Sandy Bizzozero - S.Photography, offers photographic services for individuals and professionals, including services such as shooting, photo retouching, retouching and photography courses, or still selling prints of his photographs. These various services are presented on this website (http//:sandybizzozero.wixsite/s-photography).  

The general conditions of sale (CGV) below apply to all the services and products offered by the Photographer.

By placing an order with the Photographer, the Customer certifies that he adheres to the general conditions of sale below, unless otherwise agreed between the Customer and the Photographer in writing.  
 

2~Service order

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All orders are made via the website form http//:sandybizzozero.wixsite/s-photography, via email sandy.bizzozero@gmail.com or via the Photographer's social networks, as indicated on this site. The order is only validated when the contract, stipulating the service chosen, the place, the date and time of the service, the price, the delivery times and the rest of the general conditions applying to this service has been returned signed by e-mail to the Photographer, and the deposit paid into the Photographer's bank account. The Photographer cannot be held to validate a reservation if the contract has not been completed and signed and/or the deposit has not been paid.  

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3~Rates  

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The prices displayed on this site may vary in the future. If the reservation has been validated - thus fulfilling the conditions set out in point 2 "service order" - the price of the service may not vary, even if the prices have changed in the meantime.  

The prices indicated on this site are exclusive of VAT, VAT not being applicable.  

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4~Travel and accommodation expenses

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Any travel costs will be determined at the time of booking. Outside Strasbourg (or the city in which she resides at the time of the session), the Photographer requests that any travel costs (petrol, train ticket, etc.) be borne by the Client. She may also, beyond a 2-hour journey, request compensation of €5 per 30-minute period for the time spent in transport.

In the event of travel or accommodation costs, these costs will first be agreed with the Customer and indicated in the contract, the signature of which will validate the acceptance of these costs. They will be payable no later than the day of ticket purchase/car travel/payment for accommodation, if applicable. In the event of a refusal to pay these travel expenses, the Photographer may refuse a trip.

To find out more about travel conditions, see the "Travel" section of the FAQ .  

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5~Payment

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Payment is made via the Photographer's bank account as identified in these general conditions, whose bank details will be indicated in the contract.  

The Photographer requests a deposit of 30% of the total price of the service when signing the contract, which validates the reservation. She then asks for a payment of 30% on the day of the session. The remaining 40% can be adjusted at the same time, or at the latest when rendering the retouched photographs. These retouched photos will not be returned until payment has taken place.

Payment for any additional photographs ordered by the Customer is only made when these additional photographs are delivered, generally a few weeks later.  

In case of refusal to pay the rest of the amount that the client had agreed to pay when signing the contract, the Photographer will not return the photos or refund the deposit.  

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6~ Image rights and intellectual property

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The delivery of photographs on digital media does not imply the transmission of intellectual property rights to the photographs delivered (Art. L111-3 of the Intellectual Property Code). The photographs delivered are only for distribution on the customer's social networks. Any commercial use (sale of prints, Patreon, etc.) must be the subject of a prior request addressed to the Photographer

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No publication may take place on paper or virtual media (website for commercial use, assignment of rights to third parties) without the prior consent of the Photographer, with the exception of printing in a private setting (prints not intended for sale or souvenir books). Any violation of this provision will constitute an infringement within the meaning of article L335-2 of the Intellectual Property Code.

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The client will not make any changes to the photographs of any kind. Any modification will be considered as an attack on the integrity of the photographs.

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7 ~ Use of photographs

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The photographs can be posted by the client on his/her personal social networks.

Any use of the photographs by the client in accordance with this contract will be accompanied by an explicit reference to the Photographer's social networks in the following form:

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Photo by @s.photography_b (on Instagram)

Photo by @S.Photography (on Facebook)

Photo by S.Photography for any other site, with reference to the Instagram link.

The client agrees to report to the Photographer any fraudulent use that he/she has observed of the photos taken during the photoshooting.

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The client will not participate in any photographic competition with the photos taken by the Photographer without the prior approval of the latter.

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The client consents when signing the contract to certain photographs being used on the Photographer's social networks. In the event that the client would like the photos to remain private, he/she will request this before signing the contract.  

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The Photographer undertakes to credit the client on the social networks where she would use these photos.

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The Photographer undertakes not to use the photographs for purposes likely to harm the persons represented. No use will be made by the Photographer outside of its own communication needs. No rights will be assigned to third parties without the authorization of the client that appears therein.

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8 ~ Commercial use of photographs, production of a session with a company, etc.

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For any use of the photographs or any realization of service out of the private use a tariff will be fixed between the Photographer and the client.e.  

The formulas indicated on this site apply only to private customers and do not take into account the rates applicable to work with a company, nor the cessation of copyright. For any service request for a company, the client will contact the Photographer so that she can offer him a quote.  

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9 ~Personal data.

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The data collected during the order taking will not be used outside the framework of the order and the photoshooting.

 

10 ~Cancel

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The deposit paid at the signing of the contract is evidence of a firm and definitive commitment. No cancellation can then take place, except in cases of force majeure as defined below.

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Subject to demonstrating the case of force majeure which prevents it from performing its service, no compensation may be claimed from the Photographer. The latter will offer the beneficiaries a new photography session as soon as possible or will reimburse the total amount paid by the client, at the client's choice.

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Any change in the date of the service by the client serves as a cancellation. The Photographer and the client will be able to seek a new date to set, and will thus sign a new contract, at no additional cost. The client must however be aware that the Photographer may then no longer have availability.

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If it is impossible to find a new date, the Photographer will not be required to refund the deposit paid, unless the cancellation is due to a case of force majeure. If and only if the cancellation is due to a case of force majeure duly demonstrated by the customer, the deposit will be returned to the customer.

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Only external events beyond the control of the Photographer and the client, unforeseeable and insurmountable, which make it impossible to fulfill the obligations (illness, injury, etc.), are considered as "cases of force majeure". The party invoking a case of force majeure must provide proof thereof.

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Covid 19: A case of quarantine, positive test for covid19, confinement in the region of the client, the Photographer, or the location of the photoshoot, or a ban on travel between regions, makes case of force majeure.

 

11 ~ Procedure - Shooting conditions

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The time indicated on the formula is indicative. It can vary from plus or minus 30 minutes depending on the needs of the session.

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The client and the Photographer undertake to respect the scheduled time of the appointment. The Photographer undertakes, in the event of delay, to compensate for the time lost on the photoshooting by adding additional time. In the event of a justified delay by the client, the Photographer undertakes, as far as possible, to allow the client to make up for lost time by extending the session by a maximum of 30 minutes. If this is impossible, the client undertakes to accept it. The client thus takes into account that a delay on his/her part can shorten the session and affect the experience as well as the result of the photos, or even, in the event of a substantial delay, reduce the number of photos taken. The Photographer will nevertheless endeavor to provide the number of photographs included in the formula, but cannot be held responsible if this is impossible - in particular in the event of a delay of more than one hour.

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The Photographer undertakes to provide himself with sufficient equipment and in good condition to ensure all of his services. However, it will not be responsible for a breakdown of equipment, this case then having to be considered as a case of force majeure preventing the delivery of part of the photographs.

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In the event of climatic conditions preventing the normal progress of the shots, an alternative solution will be defined as far as possible in advance and put in place in order to meet the obligations of the contract.

The client acknowledges that unfavorable weather may partially or totally affect the result of the shots and the quality thereof, without the Photographer being held liable.

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12 ~Art style  

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The client acknowledges that he/she is familiar with the Photographer's book and style, and solicits his/her services knowingly and because of the latter's artistic style. The Photographer undertakes to put in the realization of the photographs, whatever the working conditions, all his potential and his artistic judgment to create images in relation to his personal vision. In return, the client cannot claim from the Photographer that she reproduce a style other than her own, nor refuse the photos because they do not correspond to her own artistic vision.

The client agrees to actively participate in the session, this participation being an essential element of the success of the session.

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13 ~Digital Files

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Possession of the digital files does not confer on the client the intellectual property rights over the photographs.  

The Photographer undertakes to keep the digital files for a period of 12 months from the date of the photoshoot.

The photographs will be delivered in HD at your choice by e-mail or on an online gallery such as Dropbox. They will be kept online for at least 1 month, then can be deleted.  

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14~Retouches

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The processing of the photographs involves cropping, light retouching, colorimetry, beauty retouching and adjustments to all the photographs. It is the sole responsibility of the Photographer, who undertakes to spend the necessary time there and to provide the work expected of her at this level.

Non-retouched photos will not be delivered. If the client wishes to retouch raw files, he/she must first contact the Photographer about this, who reserves the right to refuse.  

The Photographer will be free to accept or not any request for further processing of certain photographs at the initiative of the client, in particular special effects or photomontages, and in this case reserves the right to invoice them for the additional work necessitated by their request.

The client cannot retouch the photographs.  

 

15 ~Delivery times  

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In the case of a photographic session - excluding events and conventions - the Photographer will send a pre-selection of photographs within two weeks. The client will then have two weeks to send the selection, otherwise the following deadlines may not be applicable.  

To the receipt of the client's final selection, the Photographer will have one month to send a first retouched photograph, then three months (four months for sessions carried out in July and August) to send the rest of the photos included in the formula.  

For any additional photo order, the delivery time will be indicated at the time of the order.

Delivery times for photographs in digital format may be extended only in special circumstances beyond the control of the Photographer (illness, injury, etc.)

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16 ~Withdrawal

The law authorizes the Customer to withdraw for 14 days from the date of signature (Art. L121-29 of the Consumer Code). In the event of withdrawal within the legal period, the deposit will be fully refunded.

 

17 ~ Complaints – Search for an amicable solution

Any complaint must be made by registered letter with acknowledgment of receipt within 5 days of the service or delivery of the offending product, public holidays included, date of postmark.

In the event of a dispute, the parties undertake to seek an amicable agreement as a matter of priority before any legal action.

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