Article 1: Purpose & Photoshoot
These conditions apply to all services ordered from the photographer, Mrs. Zélie LAPOUILLE – Individual Entrepreneur, @theluuxx.
The reservation of a session entails adherence to the GCS, except for special conditions established in writing (specific contract for weddings or other contracts) between the photographer and the client.
Article 2: Date & Schedule of the session
The date and duration of the service was defined during the exchanges. The date is reserved once the deposit has been paid. The customer ensures before the shots to have prepared the places and himself.
For services performed outdoors, the session can be moved if the weather conditions are not favourable. It is possible to transform an outdoor session into a home session. The photographer will contact the client the day of the service to reschedule it. No refund, even partial, will be made.
Article 3: Pricing & Payment
By default, the price includes: administrative costs, preparation advice, travel, shooting, selection, post-processing of images as well as the sending of photos in web quality via a digital solution. By default, the preparation advice or the preparation appointment if there is are by telephone.
When ordering, the number of photos, the duration and the location of the photo session are defined. Any modification will result in a price adjustment.
For a report or a complete session, no maximum number of photos is defined.
The customer chooses the formula he deems most appropriate, and the photographer is not held responsible for his choice.
Payment must be finalized before delivery of the photos. It is possible to pay in several installments. The following payment methods are accepted: cash, bank transfer and payment link. In the event of absence or withdrawal of payment, the photos will be deleted after one month, without the possibility of recovering them.
For weddings, payment must be finalized one month before the wedding date. In case of absence or late payment, the photos will be deleted after one month, without the possibility of recovering them.
The customer has 14 days to withdraw at the time of the order. The right of withdrawal does not apply to orders made after the session for prints or books (Art 121-20-2 of the Consumer Code).
Travel costs are free for 30km (excluding mini sessions and discovery session) and are charged 0.5 cents per kilometer beyond.
Article 4: Cancellation or postponement of the session
If it is impossible to carry out the session on the scheduled day, the session may be postponed once.
In the event of cancellation by the customer, the deposit cannot be refunded, except in the event of force majeure (death of the participants).
If it is impossible to carry out the session for health reasons, the session will be postponed free of charge. If it is impossible to carry out the wedding for health reasons, the report will be postponed free of charge.
If the client cannot be reached by e-mail or telephone, the session or the report will be canceled and the deposit not refunded.
Article 5 – Obligation of means
The professional undertakes to provide his best efforts, under an obligation of means and as far as possible, to achieve the objective.
Article 6: Sending & Delivery times
Sendings are made via a digital solution (such as an online gallery or a link to retrieve the photos). The shipment is made within approximately one to three months (excluding weddings), with the number of photos defined when booking. By default, photos will be digitally available for 1 month. Beyond that, the photographer cannot guarantee the preservation of the photos.
The number of photos is defined in advance according to the price.
For reports, the photographer agrees to 30 photos per hour of shooting (travel is not taken into account). The photographer is not responsible for the client’s choice of the type of report or session chosen.
Article 7 – Storage period
The professional undertakes to keep the photos/videos available to the customer for any order for a period of 1 month from delivery. After this period, in the event of loss or deterioration of the images by the client, the professional cannot guarantee their duplication.
Article 8: Delivery & image processing
The client has taken note of the previous work carried out by the photographer, and cannot contest the work carried out. The client was able to access online galleries on demand to view the work. The customer could see that style is natural, and the pictures are not made in the studio.
The selection and post-processing is done by the photographer, and it is part of his photographic and artistic style. The photographer is not responsible for customer facial expressions.
The photographer cannot be held responsible for external elements disturbing the images (other people, guests, urban elements). Any changes will be the responsibility of the customer.
The photographer does not deliver the original photos, and unless otherwise stated, the photos are delivered in web quality.
Article 9: Online publication of images
The use of the photographs is, unless otherwise specified, a personal use in the sharing of a family and private sharing.
The customer remains responsible in the event of dissemination by his relatives on the internet.
As part of the sessions carried out for professionals, clients can use the photos for sharing (ads, professional sites, social networks, professional social networks) with the exception of journalistic publications. In this context, it is possible to modify the photos before sending them. After the validation and the sending of the photos, the images will not be modified any more.
Article 10: Technical problem or accident
In the event of a technical or material problem during the photo session, or after, the session may be refunded, or it may be rescheduled free of charge. This without giving rise to any payment of damages for any reason whatsoever.
The client validates the photos, and the photographer disclaims all liability in the event of unauthorized dissemination of photos or disputes due to dissemination. The photographer is not responsible for prints made by the customer.
Article 11: Intellectual property
The photographs cannot be modified by the customer in any way (framing, colors, filters, formatting, brightness), as mentioned in articles L.335-2 and following of the Intellectual Property Code.
By default, the photographer may use the photos for his communication (RS, website, competitions, and other means of communication). The client declares to be of legal age. In this context, the photographer offers the possibility to customers to use the photos on their personal social networks. If a person does not wish to appear in the images potentially broadcast, they must notify us within 7 days of the service.
In the event that customers wish to keep the exclusivity of the photos, the service will be increased by 20%, and the photos must remain in a private setting.
Article 12: Responsibility during the session
During the photo session, the client takes care to secure his belongings and goods, and will watch his children. The client is responsible for himself as well as the children for whom he is responsible. The photographer cannot be held responsible in the event of an accident.
Article 13.1: Marriages –
When performing the service, the client undertakes to comply with the instructions given orally and in writing by the professional and in particular:
- The professional cannot be hampered in the performance by other photographers/videographers, professionals or amateurs.
- Any incidents caused by professional or amateur photographers will be the responsibility of the bride and groom. He cannot have complaints following the presence of other devices.
- For its smooth running, the couple photos must be taken in the sole presence of the professional.
- The prior agreement of the service providers concerned (hairdressers, make-up artists, priest, etc.) is recommended in the event of their presence on their premises.
- Schedules must be adhered to. Any delay that is likely to affect the smooth running of the shots cannot give rise to a claim.
In the event of non-compliance with these obligations, the professional cannot be held responsible.
Customers are responsible for reserving shooting locations if necessary (eg park), and for paying their entrance fee.
Article 13.2: Weddings – Payment
Cancellation of the contract by the client less than 9 months before the date of the service entails the loss of the deposits paid.
Cancellation within 3 months entails full payment of the service, unless the customer brings a new couple.
The lack of response to the various means of communication (telephone, e-mail) will in fact lead to the cancellation, without refund, of the service.
Article 13: Applicable law
The applicable law is all French legislation.
Article 14: GCS
When ordering, the customer has taken note of these general conditions, which are updated on the website.