Terms of sale

The present general terms and conditions of sale create a legal agreement and apply to all orders and sales of services and products concluded between the Customer and Mr Stéphane Rochon designated as the Photographer, SIRET number 451 366 322 00019, APE code 7420Z, declaration of activity registered under number J00025134115 with the INSEE (SIRENE register).

The Photographer reserves the right to modify these General Terms and Conditions of Sale at any time. Each order is governed by the general conditions applicable on the date of the order.

ARTICLE 1: PURPOSE

The Photographer offers private and public photographic services as presented on his website: www.subphoto.com

The act of booking a session is tantamount to the placing of an order by the Customer and entails unreserved acceptance of these general terms and conditions of sale, unless special conditions have been agreed by the Photographer with the Customer.

Any document other than the present General Terms and Conditions of Sale, in particular catalogs, prospectuses, advertisements and notices, is for information purposes only and is non-contractual.

The present General Sales Conditions form an indivisible contractual document with the service contract signed by the Customer.

ARTICLE 2 : ORDER

Reservations for photographic services may only be made by e-mail or telephone using the contact information provided on the Photographer's website.

All orders are accepted on receipt of the deposit and must be validated by a contract signed by the Customer, which includes all practical information (date, location, etc.). This can be signed online or returned to the Photographer by e-mail.

In the absence of payment of the deposit and receipt of the contract within 7 days of the contract being sent by the Photographer, the Photographer does not undertake to keep the date.

ARTICLE 3 : PRICES AND TERMS OF PAYMENT

Prices are shown inclusive of all taxes and depend on the rates applicable on the date of the order. If they change afterwards, any service agreed beforehand will keep the rate applied when the order was taken.

Travel or accommodation expenses may be applied. They will then be included in the quote.

Estimates drawn up by the photographer are valid for 30 days.

A deposit of 20% of the total amount will be required to validate an order for a photo shoot, and may be paid by bank transfer or online payment (Visa, Mastercard, American Express or Paypal).

The total amount of a training course will be required to validate an order for professional underwater photography training. It can be paid by bank transfer or by online payment (Visa, Mastercard, American Express or Paypal).

The balance for any type of service will be paid by the Customer two (2) days after delivery of the contact sheets following the photo shoot, and in all cases before delivery of the final images, by bank transfer or online payment (credit card or Paypal) or in cash on the day of the service.

Failure to pay the balance will result in cancellation of the photo delivery or training, without reimbursement of the deposit received. Final delivery of photos will only take place once the order has been paid in full.

ARTICLE 4 : SERVICE MODIFICATION

Any request for modification of a service requested by a customer can only be taken into account if the request is sent by e-mail to the photographer at least 7 days before the scheduled date of the service.

In accordance with the legal provisions in force, the customer has a cooling-off period of 14 working days from the day after the order is placed. Any request for withdrawal made within this period will result in reimbursement of the deposit, unless the service has already been provided in full or in part.

In the event of cancellation of a reservation for a photographic service that has become definitive, we remind you that in accordance with legal provisions, the amount of the deposit will not be reimbursed, except in cases of force majeure for the Customer.

ARTICLE 5 : PRODUCTION OF THE SERVICE

The photographs and photographic media are taken by the Photographer or, in the event of a major impediment, by any other photographer appointed in agreement with the Customer.

The Photographer is not subject to an obligation of result. He will do his utmost to provide images and photographic media of the quality stipulated in the order. The content of these images and photographic media is left to the Photographer's artistic discretion.

Consequently, the Customer acknowledges that the photographs and photographic media are not subject to rejection on the basis of the Customer's tastes.

ARTICLE 6: CUSTOMER OBLIGATIONS

The time set for the service is imperative, and any delay on the part of the customer may be deducted from the time previously agreed for the session. If the session is more than 30 minutes late, it may be cancelled by the Photographer and the deposit will not be reimbursed.

The Customer declares that he/she is of legal age, and that he/she is free to pose for photographs and, where applicable, authorize his/her children to be photographed in the style he/she wishes.

The Photographer will not be hindered in his work by amateur photographers.

Children present during photo sessions remain the sole responsibility of their parents. In the event of material damage caused by the Customer or the child or any other person present in the underwater studio, this must be reimbursed in full.

ARTICLE 7: POST-PROCESSING

The Photographer never delivers raw photographs. Post-processing, in the same way as shooting, is specific to the Photographer and is an integral part of his or her work, style and artistic universe. The Photographer is the only one to decide on the post-processing he will apply.

Any additional retouching requested by the Customer will be accepted or rejected by the Photographer, who reserves the right to invoice the additional work per image according to current rates.

Only photographs processed by the Photographer will be usable by both parties.

ARTICLE 8: DELIVERY

The Photographer will make every effort to ensure that the photographs are delivered as soon as possible (maximum three months).

A delay in delivery or execution may not be invoked by the Customer to request cancellation 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.

Digital files are delivered as JPEG files. Other files are the property of the Photographer and will not be given to the Customer under any circumstances.

Prints made by the Photographer will be delivered a maximum of one month after delivery of the digital files.

ARTICLE 9: RETENTION PERIOD

From the time of delivery to the Customer, photographs are kept and archived under the Customer's sole responsibility. The customer is invited to make backups on various media.

The Photographer accepts no responsibility in the event of loss or damage to the digital files delivered to the Customer. However, files remain available for 6 months and can be returned if necessary.

ARTICLE 10: LIABILITY

10.1 ADVERSE WEATHER CONDITIONS

In the event of adverse weather conditions, such as 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 reimbursement will be made, and the session will be postponed to a later date.

10.2 FORCE MAJEURE OR ILLNESS

Force majeure is considered to be an unforeseeable external event making it impossible to perform the service (accident, death of a relative, etc.). Either party may invoke this right in the event of force majeure.

The Photographer reserves the right to cancel or postpone a photographic service in the event of force majeure or illness. The Photographer shall not be held liable for such cancellation, nor shall it give rise to the payment of damages of any kind whatsoever. The session will be postponed to a later date.

In the case of a wedding with underwater photography, the Photographer undertakes to do his utmost to help clients find another service provider available to carry out the service.

All sums paid will then be reimbursed without giving rise to the payment of damages on any grounds whatsoever.

10.3 TECHNICAL PROBLEMS AND ACCIDENTS

In the event of a technical problem with the photographic equipment or an accident of any kind during the service that prevents the Photographer from delivering the work requested, the full amount paid will be reimbursed, without giving rise to the payment of damages on any grounds whatsoever.

In the event of loss or deterioration of the photos prior to delivery (burglary, fire, etc.), the Customer may only claim reimbursement of the service rendered.

ARTICLE 11: INTELLECTUAL PROPERTY

The photographs taken during a session with the Customer are protected under the rules of articles L 121-1 and the law of March 11, 1957 (Code de la Propriété Intellectuelle et Droits d'Auteur).

Even after transfer of the digital files, the photographs remain the intellectual property of the Photographer and are therefore not free of rights. Commercial use by the Customer of the images from his session is not authorized, and must be the subject of a new written agreement with the Photographer.

Any personal use of a photograph, for whatever purpose (publication on the Internet, exhibition, etc.) must mention Stéphane Rochon's name.

The customer holds the rights to print and reproduce photographs for private use only, unless otherwise agreed.

In the case of purchase of image licencing, the conditions of use of the licenses are as follows:

The Standard License corresponds to the following use:

  • Unlimited views on all digital media (web, social networks, e-mail, mobile devices, etc.)
  • 100,000 impressions for press and advertising on physical media
  • Prohibited for products for sale
  • No exclusivity
  • No transfer of license to a third party

The Extended License corresponds to the following use:

  • Unlimited views on all digital media (web, social networks, e-mail, mobile devices, etc.)
  • 500,000 impressions for press and advertising on physical media
  • Create merchandise or products for sale or distribution whose main value lies in the file itself, e.g. a mug or T-shirt that does not compete with the Subphoto.com website (fine art prints).
  • No exclusivity
  • No transfer of license to a third party

ARTICLE 12 : IMAGE RIGHTS

The Photographer reserves the right to use the photographs he has taken for the purpose of promoting his activity (website, social networks, exhibitions, etc.). The Customer must indicate his disagreement at the time of signing the contract.

In the event of refusal, the Customer may not refuse the use of photos in which he is not recognizable. Similarly, any photo published publicly (internet, social networks, etc.) by the Customer may be used by the Photographer.

ARTICLE 13: PERSONAL DATA

The personal information collected when an order is placed is intended exclusively for customer management purposes and, in particular, to follow up on bookings with a view to the successful completion of the service ordered.

The Photographer undertakes not to communicate this information to third parties for any reason whatsoever.

ARTICLE 14: APPLICABLE LAW

The contractual relations between the parties to which these general terms and conditions apply are governed exclusively by French law.

Any dispute relating to the formation, performance or interpretation of these general terms and conditions and any agreements to which they apply shall, failing amicable agreement, be subject to the exclusive jurisdiction of the French courts, and more particularly the city courts.

The customer acknowledges having read the above terms and conditions of sale.