Terms of Sales
Special terms and conditions
These general conditions of sale create a legal agreement and apply to all sales of services and products concluded between the customer (designated as "the customer") and the photographer Claire Wise (designated as "the photographer"). They are fully and unreservedly accepted by the customer.
The photographer reserves the right to modify these general conditions at any time.
Claire Wise offers private and public photographic services as presented on her website: www.clairewisefoto.com
The fact of reserving a session is equivalent to placing an order by the customer and entails unreserved acceptance of these general conditions of sale, except for special conditions granted by the photographer to the customer.
1. Object
The reservation is only final upon receipt of payment of the deposit for the chosen service. In the absence of receipt of payment of the deposit 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 not can claim any compensation. Payment is made by bank transfer or cash.
The total amount of additional products (photos, prints, albums) is to be paid in full when placing the order.
2-Booking a session
3-Rates
3.1 Prices are expressed in euros (€) and are displayed inclusive of all taxes. The rates displayed on the website www.clairewisefoto.com and on the prep guide may be subject to change without notice or prior information. If they vary, any service previously fixed will keep the rate applied when making the reservation.
3.2 A 50% deposit will be requested in order to validate an order. It can be paid by bank transfer or secure payment link. The balance will be paid by the customer by bank transfer, secure payment link or cash on the day of the service. Any costs relating to payment made from a foreign currency are the sole responsibility of the Customer. No discount for cash or advance payment can be granted.
3.3 Non-payment of the balance results in the cancellation of the delivery of the photos, without reimbursement of the deposit received. The final delivery of the photos will only take place when the order is fully paid.
3.4 The order and the estimate can also be validated electronically, by sending an email in which will be stipulated: " I accept the general sales conditions ".
3.5 The quotes established by the photographer are valid for 30 days.
4-Travel expenses
Travel costs are included for all services in Nice and its surrounding areas. Beyond this geographical area the calculation is carried out from the Photographer's home (Nice, 06). Transport costs and any other costs will be the responsibility of the customer calculated at €1/km as well as compensation depending on the duration of transport and any waiting times.
5-Modification of the service
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 on 06 61 21 42 38. By mutual agreement, a new date will be scheduled, without any additional costs for the same service.
Any request for modification (date, time, place) by the client must be made no later than 7 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 setting, 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.
6-Realization of the service
The photographs are taken by Claire Wise. The photographer is not subject to an obligation of result. It makes every effort to provide quality images. The content of these images is left to the artistic appreciation of the photographer. Accordingly, Clients acknowledge that Photographs are not subject to rejection based on Client taste.
7-Obligation of the customer
The time fixed for the service is imperative and any delay by the clients may be charged to the time previously agreed for the session. Beyond 30 minutes late, the session will be canceled and the deposit will not be refunded. Customers declare that they are of legal age, pose freely for photos and, if necessary, authorize their children to be photographed according to the photographic style they wish. The photographer cannot be embarrassed during his performance by amateur photographers.
The children present during the photo sessions remain under the full responsibility of the parents. In the event of material damage caused by the customer or the child or any other person related to the customers, the customer will be responsible for reimbursing the material in full.
8-Post Processing
The photographer never delivers raw photographs. Post-processing, like shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. The photographer is the only one to decide what post-processing she will apply.
The processing applied to the photos presents an adjustment of many parameters such as colorimetry, contrast, brightness, unblocking of shadows and highlights, sharpness, clarity, vibrance, saturation, cropping, etc.
9-Delivery
Claire Wise makes every effort to satisfy the delivery of the photos as soon as possible (announced when taking the order).
A delay in delivery or performance cannot be invoked by the customer to request the termination of the contract, to claim damages or to assert any other claim.
Unless specifically requested by the Customer, the digital photos are delivered on a photo gallery allowing downloading at the following link: https://clairewisephotography.pic-time.com/
The gallery is protected by a password defined by the client at the time of delivery of the photos.
The Photographer guarantees the print quality of the prints ordered through him. It is not responsible for the print quality of other print labs or lambda print website.
10-Storage period
From their delivery to the customer, the photographs are kept and archived under their full responsibility. The customer is invited to make backups on various media. The photographer is released from all responsibility in the event of loss or deterioration of the digital files given to the client. The files, however, remain available for 90 days and can be returned if necessary.
11-Liability
11.1 Atmospheric conditions
In the event of degraded atmospheric conditions such as, for example, storms, storms, heavy rains, etc., the photographer cannot be held responsible for the non-performance or partial performance of the outdoor services initially provided for in the order. No refund will be made, the session will be postponed to a later date.
11.2 Force majeure or illness
Force majeure is considered to be an unforeseeable external event that makes it impossible to perform the service (accident, death of a parent, etc.). Each of the parties may oppose this right when force majeure is characterized. Claire Wise reserves the right to cancel/postpone a photographic service in the event of force majeure or illness. Such cancellation can neither engage its responsibility nor give rise to the payment of damages for any reason whatsoever. The session will be postponed to a later date.
11.3 Technical problem and accident
The photographer undertakes to provide himself with sufficient equipment to provide all of his services and to ensure that he uses equipment in good condition and in good working order. In the event of a technical problem with the photographic equipment or any accident during the service preventing the photographer from submitting the work requested, the full amount paid will be refunded, without giving rise to the payment of damages for any reason. whether it be. In the event of loss or deterioration of the photos before their delivery (burglary, fire, etc.), the customer can only claim reimbursement of the service.
12-Intellectual Property
12.1 The photographs constitute works of the mind, as defined by the intellectual property code, of which the Photographer is the author (art. L112-2 CPI). The photographs are reserved for personal and private use by customers, use subject, on any medium whatsoever, to compliance with the provisions of the intellectual property code, and more generally of copyright laws and conventions. No photograph may thus be modified in any way whatsoever without the prior written consent of the author. Customers undertake to respect the integrity of the photographer's works, and in particular to render their colors faithfully, without truncating or distorting them. (art. L121-1 CPI)
12.2 The communication of the media (paper prints, originals and photographs stored on a computer medium) does not entail nor presume the transfer of the exploitation rights on the photographs (right of reproduction and/or representation).
12.3 Photographs, in digital or analog format, remain the property of their author or his successors in title. (art. L111-3 CPI). Any use, whatever it may be (dissemination, exhibition, reproduction, etc.), other than strictly personal, of a photograph is therefore prohibited without the prior written consent of the author.
12.4 For the needs of use of the photos in a context other than the private context, the Photographer assesses the amount relating to copyright, amount depending on the mode of distribution and the volume of distribution.
12.5 Any use of the Photographer's photos beyond this use and without his written authorization constitutes an infringement within the meaning of Article L 335-2 of the same Code, and is punishable, under this article, by penalties which may range from up to 3 years imprisonment and a fine of €300,000.
13-Image rights
The photographs may be freely used by the author, on all media, in order to ensure the promotion of his professional activity, subject to respect for the rights of the persons and goods photographed and unless the Client expressly requests it in writing (email or letter with acknowledgment of receipt) before the signature of the estimate/validation of the order. Clients accept that their image be used on all the photographer's promotional media, such as the website, social networks, presentation brochure, press article, etc. Image rights are granted for a period of 2 years, renewed by tacit agreement. . The distribution of images remains strictly anonymous.
The Photographer is prohibited from using any photograph likely to infringe the privacy, image or reputation of customers.
The Customer may freely oppose the transfer of image rights. However, it must imperatively mention it in writing (email, letter with acknowledgment of receipt or mention on the estimate) before the signature of the estimate/validation of the order. This refusal constitutes a lack for the communication of the Photographer who reserves the right to charge an increase of 10% on the total amount of the service in question.
14-Personal data
The personal information collected when placing an order is intended exclusively to ensure customer management and in particular the follow-up of reservations with a view to the proper performance of the service ordered.
The photographer undertakes not to communicate this information to third parties for any reason whatsoever.
15-Applicable law
The contractual relations between parties to which these general conditions apply are governed exclusively by French law.
Any dispute relating to the formation, execution or interpretation of these general conditions as well as any agreements to which they apply, will, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the French courts. Any legal action must be brought before a court located in the department of residence of the photographer.
The customer acknowledges having read the general conditions of sale above.