Terms and Conditions

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Intellectual property
The entire www.photonomades.com website and all its sub-domains are the exclusive property of Mr Gregory Berger and Mr Julien Del Volgo (texts, photos, and any other element.) Any representation or alteration, whether partial or total, of the site is formally prohibited.


Scope of application
The general terms and conditions of sale apply to all orders for services concluded between the Client (hereinafter "The Client") and PHOTONOMADES PRODUCTION (hereinafter "The Photographer") photographer in Le Bourg d'Oisans (38520).

Article 1 : Subject matter
The placing of an order implies the automatic, irrevocable and unconditional acceptance of the present general terms and conditions of sale. Any other document than the present GTC, in particular leaflets and advertisements, is only informative and indicative, not contractual. These GTC form an indivisible contractual document with the order form placed with PHOTONOMADES PRODUCTION.

Article 2: Rates and payment terms
The Photographer reserves the right to revise his prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability at that time.

The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order.
The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.

A quotation on which the Client signs "Good for Agreement" and attaches the payment of the deposit of 30% of the total amount will be considered as an order. In the event of cancellation of the quote, this deposit will be cashed. The balance will be paid by the client after the service has been provided by the photographer and before the delivery of the finished products. Any delay in payment will give rise to the payment of interest at the minimum rate provided for in Article L 441-6 of the Commercial Code, payable by right and without reminder, calculated on the amount excluding tax.

Article 3: Orders
Any order placed by the Customer is firm and definitive and entails acceptance of these GTC. The Customer shall validate its order in accordance with the methods described above. No modification of the order may be made except by mutual agreement and after modification of the quote by the Photographer according to the additional services desired by the Client. The initial quote signed by the Client will continue to be binding on the parties as long as a possible rectifying quote has not been signed.

Article 4: Client's obligation
When placing an order on the website or providing a photographic service, the Client undertakes to respect the photographer's instructions and in particular : The photographer may not be hindered in his work by amateur photographers. The Client undertakes to obtain all the necessary authorisations for the Photographer to carry out the services, and in particular the authorisations or agreements for taking pictures in certain monuments (church, etc.). The Photographer cannot be held responsible in the event of non-performance of the Services. The Client will guarantee the Photographer against the consequences of any complaint or conviction made against the Photographer in respect of shots for which the Client has omitted to request the necessary authorisations, in the event of failure to comply with these instructions, the Photographer cannot be held responsible for the poor execution of the service.

Article 5 : Travel expenses
Travel expenses for the realization of a reportage, a shooting or a workshop will be charged to the client beyond 30km from the photographer's place of residence.

Article 6: Authorisations - Intellectual property - Image rights
In the event that the model is a minor, at least one legal representative will be present on the day of the shoot and both parents must declare that their child is posing freely and voluntarily for each of the photographs taken by the Photographer and undertake to provide an authorisation signed by both parents. The Model and Client acknowledges that, by law, the Photographer, the author of the photographs, remains the inalienable owner of all the photographs taken by him, and that consequently the Model cannot claim any ownership or copyright. The Photographer is the only one to benefit from the right to resort to digital processing of the image, as well as its computer graphics modification. The Photographs produced are and remain the intellectual property of the Photographer according to the rules of articles L 121-1 and following of the Intellectual Property Code. The rights to the photographs transmitted on a material or computer medium are strictly limited to use within the family. Any use of the Photographer's photographs beyond this use and without his written authorisation constitute counterfeiting within the meaning of article L 335-2 of the same Code, and are punishable, by virtue of this article, by penalties of up to 3 years imprisonment and a fine of 300,000 €. The Photographer acknowledges that, by law, the Model remains the inalienable owner of his/her image. Unless otherwise stated, the Model transfers to the Photographer the rights to use the photographs taken during the session, so that the Photographer is authorised to fix, reproduce, communicate and modify by any technical means the photographs taken within the framework of this contract. The photographs may thus be reproduced in part or in full on any medium and integrated into any other material (such as photographs, videos, animations, etc.) known or to come. The Model authorises the virtual exhibition of the photographs on the Photographer's pages and Internet sites, as well as the public exhibition of the photographs.

Article 7: Force Majeure
In the event of adverse weather conditions such as storms, heavy rain, etc., the Photographer cannot be held responsible for the non-execution or partial execution of the services initially provided for in the order when the photographs must be taken outdoors. When the subject of the order allows it, the session will be postponed to a later date.

Article 8: Delivery-Shipping
The photos may be transmitted on a medium of the client's choice or via a download link. Shipping is the responsibility of the client and is entirely theirs. Shipments will be made after full payment of the Invoice and shipping costs. The deadlines specified at the time of ordering are given as an indication and without guarantee. A delay does not authorise the customer to cancel the sale or to refuse the goods. No complaint will be accepted after a period of 10 days from the date of delivery. In the case of delivery by a carrier, the client must imperatively express his precise reservations on the delivery slip. The Photographer cannot be held responsible for postal delays.

Article 9: Limitation of damage
In the event of loss or deterioration of the photos, no longer allowing the complete realisation of the services initially agreed, the compensation can only be equal to the price of the initial service.


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