GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale and Services apply to any customer wishing to purchase the photographic products or services of Laura Ponchel Photography, referred below as LPP, 1094 AV AMSTERDAM - KvK No. 71158790.
Any order automatically implies the full and unreserved acceptance of the customer under the following conditions:
These terms and conditions apply to all offers, elements of offers, order confirmations for the realization of images, and sale of contributions for these images: albums, prints, wall decoration, etc., and all services that result.
If LPP does not apply at any given time any article herein can not be interpreted as loosing the right to use these general conditions of sale at a later date.
ARTICLE 1: PRIOR OFFER
1.1 The rates of specific services presented on the website http://lauraponchel-photo.com/LPP/index.php/en/prices are the current rates.
In the case a quote has been made or a different rate has been announced by email, by message, or any other written proof that can be attested, it is this new rate that will supplant the one announced on the website. This applies to reductions and price increases.
1.2 All offers will be valid for 3 months from the date of mailing.
1.3 The specifications relating to the image supports included in the tenders, and in particular their quality, finish, type and size, are those specified by LPP. In case of out of supplies, the buyer will be notified by LPP and an equivalent solution will be proposed.
ARTICLE 2: ORDER
2.1 Orders can be taken by phone, by message, or by email.
In the case a service is validated orally, it refers to the conditions presented on the website http://lauraponchel-photo.com/LPP/index.php/en/prices.
2.2 Any addition or modification of the order binds LPP only if it has been approved in writing.
2.3 The service is made in the location chosen by the client. Any service is subject to constraints of light, space, weather that can not be charged to LPP.
2.3 In case of illness, accident or last minute incapacity, the photographer must inform the client by phone, message or email and to do her best to ensure the service at a later date, depending on the availability of this client.
2.4 Photo sessions which have a deadline (pregnancy and newborn photos sessions) must be ordered at least 2 months in advance, in order to be able to propose several dates on week days, and Saturdays included. LPP can not be held responsible if these sessions can not be performed on time (before delivery and within 18 days after the birth) due to the cancellation by the client of the first date set. (This goes except in the case the baby delivery has not yet been occurred).
2.5 Three corrections / modifications are allowed regarding photo shoots, albums and other creations. Beyond, these changes will be charged on the basis of time spent, 80.00 € inc. VAT / hour.
2.6 Any claim must be made by registered letter, within 7 days of delivery, including holidays, date of the postmark being proof. After this date, no request will be considered. The client accepts that divergences of color, contrast or framing are possible due to technical limitations.
ARTICLE 3: PAYMENT
3.1 The deposit which is a part of the total service’s price shall show proof of a firm and irrevocable agreement of the sides. Clients have a withdrawal period of 7 days from the signature of the quote. After this period, no deposit will be returned, except in case of force majeure. (Are considered as force majeure or involuntary events, events beyond the control of the two sides, that they could not reasonably be expected to provide, and that they could not reasonably avoid or overcome, since their occurrence makes impossible to fulfill the obligations).
3.2 Payment of the service is due upon receipt of the invoice, whether delivered by hand, email or message. It must correspond to the " amount due inc. VAT" specified on the invoice, and according to the terms also stated on it.
3.3 Overshooting of set times signed on the quote will be charged extra at the rate of 80,00 € inc. VAT per hour started during the service.
Similarly will it be for any addition to the agreement signed, at the last minute, out of contract.
3.4 Travel expenses, including tolls, may be charged for a service beyond 15 kilometers from the registered office of LPP.
The journey distance is estimated on viamichelin.fr, and the rates calculated on the 2018 kilometric scale (0.493 € / km) or takes into account the fare paid for public transport. These expenses must be defined in a written agreement between LPP and the buyer.
3.5 The services are delivered after receipt of payment, except in exceptional cases.
3.6 In cases the client has not paid the amount due within one month after receipt of the invoice, the client implicitly authorizes LPP to use the photographs produced during the service, for the company’s communication and on all the medias she wants. This includes the various social networks, the LPP website, various online or paper directories, and any other document that may promote the LPP activity. However, the use of photos should not affect the image or reputation of the client.
In cases the client does not allow LPP to use the photographs for her communication, his refusal will be taken into consideration and respected at the moment when the full payment is received. The published photographs concerned will be then deleted.
3.7 In cases of non-payment within one month following the date issue of the invoice, the client will be automatically liable for the application of a late interest equal to three times the legal interest rate, as well as 40 € as an indemnity for recovery costs.
3.8 If the client's deficiency needs an amicable or judicial recovery, the client agrees to pay in addition to the service’s price, costs, and fees usually and legally borne by him, and an allowance of 15% of the principal amount - including VAT- of the claim as conventional and lump sum damages.
3.9 In cases of total or partial non-payment of an order at the due date, the sums due under this order or other orders already delivered or being delivered will be immediately due after formal notice by LPP or the related accountant, by registered letter with acknowledgment of receipt.
ARTICLE 4: DELIVERY
The delivery can be done either by the shipment of the finished products to the client, or by hand.
4.1 Delivery is made in accordance with the stipulations on the quote, or, where appropriate, on the website http://lauraponchel-photo.com/LPP/index.php/en/prices.
4.2 Delivery times are given as an indication. They may be shorter or longer than the times announced orally or in writing.
4.3 Any delay in delivery due to circumstances beyond the control of LPP will not result in the cancellation of the order. LPP will not be liable for any loss resulting from this delay. The client must inform LPP of the non-receipt of his product within one month after the date of the shipment announced by LPP. Beyond that, the customer will no longer be able to claim a non-receipt of his purchase.
4.4 In any case, timely delivery can only occur if the client has fulfilled all his obligations to LPP.
4.5 When the delivery is done by hand, LPP undertakes to inform the client by phone or by text message about the date of delivery.
ARTICLE 5: RECEIPT - CONTROL
5.1 The receipt and control of the products must take place within 2 days of delivery.
5.2 In cases of damage of the product during delivery, the client must notify LPP upon receipt of the package, or within 4 days from the date of mailing, the postmark being taken as proof. After this period, the client can not do any claim whatsoever.
5.3 The client must inform LPP by registered letter with acknowledgment of receipt within the time limit set in article 5.1 of any apparent defects or lack of conformity of the delivered products. The client will have to give to LPP any facility to proceed to the observation of these vices and anomalies and will not intervene himself or involve a third side for this purpose.
5.4 After the period provided for in article 5.1, any claim of any nature whatsoever shall be considered inadmissible.
5.5 If the client expressly or tacitly renounces his receipt, the supplies will be deemed delivered in accordance with the order.
5.6 Any defect recognized after an examination obliges LPP only to replace, free of charge, the defective products.
ARTICLE 6: RIGHT OF REPRODUCTION AND PUBLICATION OF THE PHOTOGRAPHS.
6.1 Every photographic achievement confers the photographer - the author - artistic, patrimonial and moral property rights, as defined by the Code of Intellectual Property. The rights are reserved, the reproduction of images are prohibited.
The delivery of the photographs does not imply the transmission of the intellectual property rights on the photographs delivered (article L111-3 of the code of the intellectual property). The photographs delivered have to be only used for non-business use. No publication will be able to intervene on paper (magazine, press, etc.) or virtual (website for commercial use, transfer of rights to third side) without the agreement of the photographer previously consulted. Any violation of this provision will constitute infraction within the meaning of the Article L335-2 of the Code of Intellectual Property.
6.2 Clients are, by law, the owners of their own image and the photographer must respect this image right. Therefore, the photographer must have the permission of clients to broadcast the photographs on which they appear.
However, as stated in article 3.6, the non-payment of the service by the client implied his authorization to LPP to use the images in any way, without damaging the reputation of the person.
6.3 The client undertakes to be in solidarity with LPP in case of damage caused by misuse of the photographs, by a third side without her knowledge.
ARTICLE 7: ARCHIVING
7.1 The files are archived in our office for an unlimited duration. They remain the property of the photographer in accordance with intellectual property rights.
A copy of the delivered files can be requested at any time to LPP by the client in cases of loss of these files, and in cases this one fulfilled all his order’s obligations with regard to LPP.
7.2 In the event of a disaster (theft, fire, flood, natural disaster, or any other event beyond the control of the photographer within her company or herself), LPP declines all responsibility regarding the inability to deliver orders made and the inability to provide an archive.
ARTICLE 8: INVALIDITY OF A PROVISION
If any of the provisions of these general terms and conditions of sale were void, the other clauses would not be canceled.
ARTICLE 9: JURISDICTION
In case of difficulty of interpretation or execution of the present document, the courts of the headquarters of LPP are only competent. In cases of any dispute of any kind, jurisdiction will be conferred on the competent courts of the registered office of LPP, even in the event of multiple defendants.