CGV ET MENTIONS LEGALES

GENERAL CONDITIONS OF SALE
(legal obligation Art 111 of the commercial code)

Preamble

Patrice LAPORTE, owner of the Phortypix brand, offers under these names photographic services for public or private events as presented on the present site. The present general conditions of sale apply to all the services concluded on the Internet site www. phortypix.com. The client declares to have read and accepted the general sales conditions prior to the reservation of a service or the order of a photographic print. The validation of the order is thus worth acceptance of the general conditions of sale. They form the sole basis of any commercial negotiation between the client and the photographer, according to article 441-6 of the commercial code modified by the HAMON law of 2014. They form an indivisible contractual document with the booking contract, documents that the client undertakes to send by email or post, duly completed, initialled, dated and signed.

Article 1 – Pre-contractual information

Prior to the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the customer, who acknowledges having received them.

The following information is communicated to the customer in a clear and comprehensible manner

– the essential characteristics of the service, its price or the method of calculation of the price and, if necessary, all the additional costs of transport, delivery or postage and all the other possible expenses; (reservation of a privatized place (swimming pool) services of a lifeguard)

– the date or time by which I agree to perform the service, regardless of price, and any other contractual terms and conditions;

– information regarding the identity of the provider, its postal, telephone and electronic contact details, and its activities;

– the modalities foreseen for the treatment of complaints;

I undertake to communicate to the client, or make available to him, information concerning :

– the status and legal form, contact information allowing to get in touch quickly and to communicate directly with me;

– if necessary, the number of inscription with the register of trade or the directory of the trades;

The contact details of the insurer (professional civil liability) or guarantor as well as the geographical coverage of the contract or commitment.

 Article 2 – Command

By order, it is necessary to understand any order relating to the services appearing on this site, accompanied by the payment of the deposit possibly envisaged on the purchase order (20% of the total sum due). It is also necessary to understand any request for printing on any dedicated support (Alu dibond- canvas…etc…) Any order, to be valid, must be established by my care, it is considered firm and final. It involves adhesion and full acceptance of these general conditions of sale and obligation of payment of the ordered products.

Article 3 – Rights of withdrawal 

In application of the HAMON law and the article L221-5 of the commercial code, the customer has a right of retraction of 14 days as from the day after the signature of the contract. Any withdrawal established within this period will result in the reimbursement of the deposit received. No reimbursement of the deposit will be made in case of service performed in whole or in part before the expiration of the withdrawal period. After this period, the deposit will also not be refunded.

Article 4 – Cancellation

In case of cancellation, by the client, of the reservation of a photographic service that has become final, it is recalled that according to legal provisions, the amount of the deposit will not be refunded (except in cases of force majeure for the client). In the case of a cancellation by the photographer or by the client, for exceptional reasons or force majeure (illness- Covid positive- epidemic- accident of life-) Such a cancellation can engage neither its responsibility, nor give place to the payment of damages in any capacity whatsoever. The photographer undertakes to reschedule the photographic service within a reasonable time and will propose a new date.

Article 5 – Price

The prices are firm and definitive. Except in the case of special express conditions, the prices of the services provided are those appearing in the price list of the present site on the day of the order. Price reductions and exceptional discounts are clearly stated and written in the estimate or contract, and the final invoice. In addition to the prices of the aquatic photographic services offered on this site, there are possible fees related to the rental of services (private pool rental if needed and lifeguard services), under the conditions established at the time of drafting the contract. They are expressed in legal currency. (Euros)

Article 6 – Digital control and printing

A digital printing on various supports such presented in the present site, is realizable on order. The order form established then, signed by the customer accompanied by the totality of the payment, is a pre-requisite before any order of digital printing.  The ordered products will be sent directly to the customer’s home within a maximum of approximately 3 weeks depending on the desired service.

In the event of a delay in delivery beyond the control of the photographer, no responsibility can be held against the photographer and no compensation can be demanded in any capacity whatsoever. In accordance with article 121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised on these products.

The photographers auto entrepreneurs are professionals equipped with materials able to manage at best the colorimetry as well as the contrasts of your pictures. In case of printing made by a third service, I decline any responsibility as for the quality of the result obtained.

Article 7 – Payment

The payment of the balance of the photographic service is due at the delivery of the photographs on the support or secured digital server (via the secured servers swisstransfert / wetransfert). The payment must be made within a maximum of 7 days following the notification by email to the customer, of the availability of his pictures on the server. The payments made by the client will be considered final only after effective collection of the amounts due by the photographer. Beyond this period, any client who is late in payment will also be liable for a flat fee for collection costs of 40 € per unpaid invoice on the agreed due date, without prejudice to the right to justify additional collection costs (Art.L441-6 of the Commercial Code and Decree No. 2012-1115 of 2/10/2012. Non-payment of this invoice will result in a total ban on the use of the photographs delivered

The payment of a photo product (printing on any type of media) is made at the order, and in full. In accordance with Article 121-20-2 of the Consumer Code, the right of withdrawal can not be exercised on these products.

The possession of a material or immaterial support of the photographs does not confer in itself any intellectual property right. The use of the photographs is subject to the contractual conditions which bind us that it is about a service (marriage, family, etc.) or about a transfer of rights to a professional.

Article 8 – Image rights 

As a professional photographer, I am the sole owner of a property right on my pictures. I reserve the right to publish my pictures on social networks without permission, as long as they do not infringe on the privacy or dignity of my models. The rule of thumb is to notify the models. I do not apply this rule to minors, whose photos will be published only with the express agreement of parents or legal guardians. In case of any dispute on the subject, it will necessarily be settled amicably between the model and myself (common sense must always prevail)

The publication of my pictures on these same social networks can be done insofar as I am notified directly by the model, and that the published picture is published as it was delivered to the client (no cropping or modification of colorimetry) with mention of the address of my site in reference www.phortypix.com.

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which could not have been solved with the friendly one between the salesman and the customer, will be subjected to the courts of competent jurisdiction under the conditions of common law. For the definition of the competent jurisdiction, the salesman elects residence at 202 chemin des pradeaux résidence grand soleil, BT C15 83270 saint Cyr sur mer.

Article 9 – Competent Jurisdiction 

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which could not have been solved with the friendly one between the salesman and the customer, will be subjected to the courts of competent jurisdiction under the conditions of common law. For the definition of the competent jurisdiction, the salesman elects residence at 202 chemin des pradeaux résidence grand soleil, BT C15 83270 saint Cyr sur mer.

Article 10 – Language of the contract 

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 11 – Mediation and Dispute Resolution 

The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. In case of dispute, the coordinates of the mediator to which the buyer can address are the following: TOULON médiation, 17 Rue de Chabannes, 83000 Toulon, toulonmediation@gmail.com.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

 Article 12 –  Applicable law

The present general conditions are subject to the application of French law. It is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.

 MODIFICATIONS OF THE GENERAL CONDITIONS OF SALE

The photographer, Patrice LAPORTE, reserves the right to modify the present general conditions of sale at any time. The modifications take effect on 01/06/2021 date of beginning of professional activity.