TERMS OF USE
0. Definitions:
General conditions of sale for services provided by Photo Tour Paris.
These general conditions of sale create a legal agreement and apply to all orders/reservations and to all sales of services concluded between the customer and Photo Tour Paris, 11 rue Saint-Yves-BP37 — 75014 Paris.
The photographer reserves the right to modify these general conditions at any time. Each order is governed by the terms and conditions applicable on the date of the order.
1. Purpose:
Photo Tour Paris offers private and public "tourist" photographic services as presented on its website: www.phototourparis.com.
The fact of reserving a session is equivalent to the placing of 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.
Any document other than these T&Cs and in particular catalogs, prospectuses, advertisements, notices, has only informative and indicative value, not contractual.
These general conditions of sale form an indivisible contractual document with the contract for the service granted by the customer.
2. Order:
The reservation of a photographic service is made through the online reservation system, by email or by telephone (according to the contact information provided on the photographer's website).
3. Fees and terms of payment:
The prices are displayed excluding taxes and depend on the rates applicable on the date of the order.
Photo Tour Paris is an individual company dependent on the Auto Entrepreneur Regime and as such is exempt from invoicing VAT.
If the prices are subsequently to vary, any service fixed beforehand will keep the price applied when the order is taken. The quotes established by the photographer are valid for 7 days and can be paid for online or in cash. The total balance of the chosen service will be paid by the customer according to the terms agreed upon when booking. The gift card will be paid exclusively online. The pPayments (excluding gift cards) are made by bank transfer / cash. The final delivery of the photos will be made when the order is fully paid.
4.Withdrawal - Cancellation:
4.1 Deadlines of withdrawal:
In accordance with the legal provisions in force, Photo Tour Paris is subject to the provisions of article L.121-21-8 12° of the Consumer Code, stipulating (among other things) that the right of withdrawal cannot be exercised for contracts booking of leisure activities which must be provided on a specific date or period. This is the case for all the services provided by Photo Tour Paris.
4.2 Cancellation conditions:
En case of cancellation of the reservation of a photographic service that has become "final", it is recalled that in accordance with legal provisions, the conditions are as follows:
-The cancellation, by email, within 7 days before the service gives rise to a refund of 50% of the amount paid (minus any bank charges)
-Cancellation within 7 days prior to the service does not give rise to any refund.
Photo Tour Paris reserves the right to modify or cancel the proposed sessions if the conditions require it (6 - 10.1 - 10.2).
5. Performance of the service:
The photographs are taken by the photographer(s) of Photo Tour Paris. The photographer is not subject to an obligation of result. It makes every effort to provide quality images, as stipulated in the order. 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.
6. Customer Obligations:
Any interruption of a session during the course of the service, by the will of the client, cannot give rise to any reimbursement. 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 total amount of the session will not be refunded. Customers declare that they are of legal age, pose freely for photos and, if necessary, authorize shots of their children according to the photographic style they wish. The photographer cannot be embarrassed during his performance by amateur photographers. The children present during the photo shoots 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 present during the shooting, these must be reimbursed in full.
7. Post-processing:
The photographer never delivers raw photographs. Post-processing, just 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 on the post-processing that he will apply. Any additional editing requested by the client will be accepted or not by the photographer who reserves the right to invoice the additional work per image according to the current rates. Only photographs processed by the photographer will be usable by both parties.
8. Delivery:
Photo Tour Paris makes every effort to satisfy the delivery of photos as soon as possible (maximum 7 working days). A delay in delivery or performance cannot be invoked by the customer to request the termination of the contract, claim damages or assert any other claim. The selected and retouched photos are sent to the customer by download link or via a private gallery accessible by password. The delivery of digital files is in the form of JPEG files. Other files are the property of the photographer and will not be given to the client under any circumstances.
9. Shelf life:
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. However, the files remain available for 3 months and can be returned if necessary.
10. Responsibilities:
10.1: Adverse atmospheric conditions:
Our activity is not weather dependent, in case of rain you have 2 choices:
– Postpone the session to a later date (depending on availability)
– Do the session with an umbrella (which, it must be admitted, gives a certain charm to the shots)
In the event of degraded atmospheric conditions such as, for example, thunderstorms, storms, heavy rain, 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 (depending on availability).
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10.2 Force majeure or illness:
Force majeure is considered to be an unforeseeable external event that makes it impossible to perform the service (accident, death, attacks, fires, earthquakes, floods, total or partial strikes...). Each of the parties may oppose this right when force majeure is characterized (supporting documents requested in certain cases). Photo Tour Paris 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. If this proves impossible, all amounts paid will then be reimbursed (minus the cost of bank transaction fees) without giving rise to the payment of damages for any reason whatsoever.
10.3 Technical problem and accident:
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 damage to the photos before their delivery (burglary, fire, etc.), the customer can only claim reimbursement of the service.
11. Intellectual Property:
The photographs taken during a session with the client are protected according to the rules of articles L 121-1 and the law of March 11, 1957 (Code of Intellectual Property and Copyright). Even after transfer of the digital files, the photographs remain the intellectual property of the photographer and are therefore not free of rights. The commercial use by the Client of the images of his session is not authorized, and must be the subject of a new written agreement with the photographer. Any personal use of a photograph, whatever it is and whatever its uses (publication on the internet, exhibition, ...) must mention the name of Photo Tour Paris. The customer owns the rights to print and reproduce the photos for private use only, unless otherwise agreed.
12. Image rights:
The photographer reserves the right to use the photographs, he has made, for the purpose of promoting his activity (website, social networks, exhibitions, etc.). In case of acceptance during the reservation, the customer cannot refuse the use and exploitation of his photos. Just as he will not be able to refuse the use of photos on which he is not recognizable. Similarly, any photo published publicly (internet, social networks, ...) by the client may be used by the photographer.
13. 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 except for the online booking service used on the phototourparis.com website.
The use of this service necessarily implies that the information provided to reserve a service at Photo Tour Paris is transmitted to the Wix reservation platform. Photo Tour Paris cannot be held responsible for the way Wix manages the personal data provided during an online reservation.
14. Law applicable:
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 and more particularly the courts of the city of Paris. The customer acknowledges having read the general conditions of sale above. The general conditions even communicated in English fall under French law.
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The customer chooses a Service that he puts in his basket, Service that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact details or connect to his customer area. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
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15. Claim:
Any complaint must be made in writing (letter with acknowledgment of receipt) to the following address:
Photo Tour Paris
11 Rue Saint-Yves - BP37
75014 PARIS
Requests must reach us within 15 days of the date of the service.