Terms and conditions of use
The purpose of this document is to define the terms and conditions under which, on the one hand, GALLIEN Georges and GALLIEN PosinG, hereinafter referred to as the “PHOTOGRAPHER », Makes the site and the services available on the site available to its users and, on the other hand, the way in which the user accesses the site and uses its services.
Any connection to the site is subject to compliance with these conditions.
For the user, simple access to the PHOTOGRAPHER's site at the following URL address www.gallienposing.fr implies acceptance of all the conditions described below.
Preamble and definitions
These conditions of sale are concluded between the PHOTOGRAPHER on the one hand and on the other hand, any natural or legal person wishing to make a purchase via the gallienposing.fr website, hereinafter referred to as the “CUSTOMER”.
Object
These conditions of sale aim to define the contractual relations between the PHOTOGRAPHER and the CUSTOMER and the conditions applicable to purchases made through the gallienposing.fr site. The purchase of the PRODUCT through this site implies unreserved acceptance by the CUSTOMER of these conditions of sale.
These conditions of sale will prevail over all other general or particular conditions not expressly approved by the PHOTOGRAPHER. The PHOTOGRAPHER reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of purchase by the CUSTOMER.
Product Features
A PRODUCT is a photographic service for an objective agreed between the CLIENT and the PHOTOGRAPHER. During a first contact, the PHOTOGRAPHER reserves the right to assess whether a photographic service can be offered to the CUSTOMER.
Prices
Sales prices are exclusive of tax (VAT not applicable, article 293B of the CGI).
The PHOTOGRAPHER reserves the right to modify his prices at any time, it being understood, however, that the prices appearing on the gallienposing.fr site are deemed to be the minimum price.
The price indicated on your contract will be the only one applicable to the CUSTOMER.
Booking a photo shoot
The reservation of a photographic service can be done at any time subject to the availability of the PHOTOGRAPHER. The payment of a deposit (30 %) signs a firm commitment on the part of the CLIENT and entails full acceptance of these T & Cs.
The reservation is only final upon receipt of payment for this payment. Failing receipt of payment within 8 days of the PHOTOGRAPHER's agreement for the date agreed with the CLIENT, the reservation will be purely and simply canceled without notice and without the CLIENT being able to claim any compensation.
As the reservation of a photographic session is a personal process, the CUSTOMER has no withdrawal period. No amount already paid will be refunded to him in the event of cancellation on his part, whatever the reason. This covers the loss of profit from a lost session on a flat-rate basis.
PRODUCT deposit payment
The payment of the deposit signs a firm commitment on the part of the CLIENT. If payment is not made within 8 days from the date of the order, the reservation is canceled. This takes effect on the day of receipt of this payment which will therefore be valid for final reservation.
No discount for cash payment will be granted.
As part of a report on several deadlines, the balance will be due 20 days before the first date.
Postponement or cancellation
If the PHOTOGRAPHER cannot honor the contract due to force majeure, you will be offered a replacement date as far as possible; In the event that no agreement is reached, the deposit will be refunded in full, without giving rise to the payment of damages for any reason whatsoever.
An unforeseeable external event making it impossible to perform the service is considered force majeure (accident, death, snow, ice, illness, etc.). Each of the parties may oppose this right as soon as force majeure is characterized. The PHOTOGRAPHER or the CUSTOMER agrees to notify the other party as soon as possible by phone or email. By mutual agreement, a new date will be planned, without any additional costs for the same service. Any request for modification (date, time, place) by the CUSTOMER must be made no later than 15 days before the scheduled date of the session, except in cases of force majeure. However, the postponement of the session must take place within 30 days of the date scheduled for the initial session if the PHOTOGRAPHER's schedule allows it.
In the event of a postponement, the PHOTOGRAPHER cannot be held responsible for the non-realization of certain particularities of the session (season, weather, shooting frame ...).
In the event of cancellation of the session or report by the CLIENT, in accordance with legal provisions, the deposit will not be refunded; it covers the costs of preparing your session or report at a flat rate and the loss of profit from a lost photographic service. For a photographic report, the remaining balance will be requested if the cancellation occurs six months before the report.
This payment must be made at the latest on the date fixed for the said report.
Progress of a session
The CUSTOMER agrees to be on time for the appointment set for the session, a sign of respect for the
PHOTOGRAPHER. Beyond 15 minutes late, depending on the type of session, it will either be cut off from the delay time, or simply canceled; the deposit paid by the CLIENT to the PHOTOGRAPHER will not be refunded. The CUSTOMER cannot claim any reimbursement or credit.
Travel, Meals and / or Accommodation.
The PHOTOGRAPHER's travel expenses remain the responsibility of the CUSTOMER. Beyond 30 minutes around the Headquarters. It will be billed 25 € as travel expenses (according to Google Maps) unless otherwise agreed.
Registration and procedure:
The CUSTOMER who wishes to register must:
1- Contact THE PHOTOGRAPHER via the gallienposing.fr website
2- Read and accept these general conditions without reservation.
3- Make a settlement using the following method:
In line
Payments made by credit card will be made through the secure PAYPAL system which uses the protocol
SSL 3 (Secure Socket Layer 3) in such a way that the information transmitted is encrypted by software and that no third party can become aware of it during transport on the network.
Upon confirmation of payment, the CUSTOMER receives a confirmation email to the address provided during their transaction by PAYPAL.
Withdrawal
CUSTOMERS, non-professional individuals who have paid online, benefit from a withdrawal period of fourteen days from the date of validation of their payment.
If an online payment is made within a period of less than fourteen days preceding the session, this clause cannot be applied. Thus, no retraction after the session will be admissible given that the service will have been consumed.
For any refund due to a withdrawal, simply send an SMS to 0033781242298 and request the cancellation of the appointment.
If payment has already been made, a refund of the amount concerned will be sent by PayPal refund.
Any PRODUCT started is due in its entirety.
At the request of the CUSTOMER, he may be given a paper invoice.
Responsibilities
THE PHOTOGRAPHER, in the online sales process, is only bound by an obligation of means.
It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
The CUSTOMER remains in all cases, fully responsible for his choices regarding the shots taken according to his tastes, wishes and beliefs.
By engaging in a photographic expression process, the CLIENT realizes that he remains the main responsible and actor of his image and his notoriety vis-à-vis those around him and the internet, especially concerning the Boudoir poses. .
THE PHOTOGRAPHER puts all the means at his disposal to help the CLIENT to achieve his objectives of photographic expression.
THE PHOTOGRAPHER always remains benevolent, respectful of the image of the CLIENT.
If the slightest doubt remains in the mind of the CUSTOMER concerning his ability to make a PRODUCT, it is his responsibility not to engage his responsibility vis-à-vis his image and his notoriety, especially concerning the Boudoir poses.
The CLIENT is responsible for himself and for the people accompanying him to the session.
The PHOTOGRAPHER cannot be held responsible for an accident or the breakage of equipment during the session which could have been avoided.
No legal action can be taken against her. In the event of deterioration or breakage of the equipment by the CUSTOMER or his children, the latter will have to reimburse at the price of the new one. If the accident is due to the PHOTOGRAPHER, his professional civil insurance will be triggered.
Post-production and preservation of digital files
The post-processing, like the shooting, is specific to the PHOTOGRAPHER and is an integral part of his work, his style and his artistic universe.
The PHOTOGRAPHER is the only one to decide what post-processing she will apply to the digital negatives.
No raw file will be delivered to the CUSTOMER and cannot be requested. Digital files are delivered in high quality JPEG format.
If the broadcasting rights have been granted to the PHOTOGRAPHER, their conservation is guaranteed for 1 year (except for a disaster beyond his control such as a faulty DDE, flood, fire or others); beyond that, the latter reserves the right to destroy them.
In case of refusal of publication of the photographs, the files may be destroyed 6 months after the completion of the session.
Printing photos
If the CUSTOMER wishes to print his products himself (books, prints ...) using the digital files he has acquired, the PHOTOGRAPHER declines all responsibility for the result obtained in a typical laboratory.
Private gallery and ordering of supports / products
In order to choose your shots and if necessary, a private gallery with password will be created on the internet within 3 to 10 weeks after the date of the session or report. It remains online for 15 days from dispatch.
After 15 days, the gallery is automatically deleted and any recreation is charged € 15.
If the choice is still not made after 30 days, the PHOTOGRAPHER reserves the right to destroy the digital files and therefore, it will no longer be possible for the CUSTOMER to acquire any support.
The total amount of media is to be paid in full on the day of the order.
In accordance with article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for these products, considered to be clearly personalized.
Technical problem
In the event of a technical problem with the photographic equipment or of any accident during the service and preventing the PHOTOGRAPHER from carrying out the requested work, the full amount paid will be reimbursed, without giving rise to the payment of damages to any title whatever.
The CUSTOMER may also accept the postponement of the session to a later date, in which case the amount paid will not be refunded.
Despite all the attention paid to digital files, it can exceptionally happen that after a session, by accidental manipulation, involuntary destruction, faulty memory card or computer failure, the sources of the photographs are unusable.
In this case, the PHOTOGRAPHER offers you the possibility of redoing the session in order to remedy this incident beyond his control. In the event of refusal, the CUSTOMER can only claim reimbursement of the sums he has paid, without any compensation.
Intellectual property
The photographs taken during a session are protected according to the rules of articles L 121-1 and the law of March 11, 1957 (Code of Intellectual Property and copyright). Even after transfer of the digital files, the photographs remain the intellectual property of the PHOTOGRAPHER and are therefore not free of rights.
Only the CUSTOMER's image rights are inalienable to him. Any commercial use by the CUSTOMER is formally prohibited without the written consent of the PHOTOGRAPHER.
Any use of a photograph, whatever the use (competition, distribution, exhibition, reproduction, etc.) made without the written consent of the PHOTOGRAPHER constitutes an offense of counterfeiting, within the meaning of article L 335- 2 of the same Code, and is punishable by penalties of up to 3 years' imprisonment and a fine of € 300,000.
In particular, it is prohibited and punishable by law to digitize prints with a view to distributing them on the Internet or to reproduce them (including in the private context), to copy and use the images presented on the various own media. to the PHOTOGRAPHER, to withdraw by any proceeding the signature and / or logo of the PHOTOGRAPHER and to modify the photos (passage in black and white, cropping, various retouching, etc.) without prior authorization of the PHOTOGRAPHER.
When the CUSTOMER purchases the digital files in high resolution, he is authorized to reproduce the files and save them on any medium he wishes for a single conservation purpose, only for his personal and private use.
For any public use such as social networks, the CUSTOMER must mention the name of the PHOTOGRAPHER and put either the link of his Facebook page or the link of his site.
In the event that the CUSTOMER refuses publication rights to the PHOTOGRAPHER, he is also prohibited from publishing the photos (Facebook or others).
Image rights and broadcasting authorization
The CUSTOMER retains his inalienable right to the image in all circumstances, all times and all places. The CLIENT declares to be of legal age, to pose freely for photographs and to authorize the taking of pictures. The legal representatives declare that they are of legal age and authorize the shooting of their minor child (ren).
If one of the legal representatives turns out to be a minor, the signatures of his parents or legal representatives are required, with the exception of emancipated minors. In the event that only one parent signs the contract, he certifies that the other parent is not opposed to the taking of pictures or to the exploitation of the images produced.
Unless the CLIENT advises otherwise, the PHOTOGRAPHER may use the images for commercial purposes as part of the promotion of his activity (website, professional pages on social networks, advertisements, exhibitions, etc.) for a period of 20 years.
In the case of a session offered to the CUSTOMER by the PHOTOGRAPHER with a view to distributing the photographs taken, if the CUSTOMER ultimately opposes this distribution, a compensatory indemnity corresponding to the rate in force will be due; the same applies to sessions at preferential rates, the contract of which specifies the right to use the images by the PHOTOGRAPHER.
Modification of the General Conditions of Sale.
The PHOTOGRAPHER reserves the right to modify these General Conditions of Sale at any time.
The conditions thus modified will be applicable to any order placed after the modification date, including any additional order or related to a previous order.
Applicable law
All the services provided by the PHOTOGRAPHER are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator appointed by the representative bodies of professional PHOTOGRAPHERS.
For all disputes relating to the application of these general conditions of sale or the services provided by the PHOTOGRAPHER, the competent court will be called upon to settle the dispute.
Responsibility
GALLIEN PosinG is exempt from any liability for the direct or indirect consequences of any anomalies and malfunctions of the GALLIEN PosinG loyalty card, whatever their causes. GALLIEN POSING will nevertheless make its best efforts to keep each CUSTOMER, in the event of a malfunction, the benefit of its accumulation of points and its advantages.
In the event of a dispute as to the number of points accumulated, only the information contained on the loyalty card with an official stamp from the company GALLIEN PosinG, shall prevail.
Any intentional breach of these General Conditions, any abusive or fraudulent use of the benefits offered by the Program, any behavior detrimental to the interests of the company GALLIEN PosinG, any falsification of information transmitted by a CUSTOMER or by a third party acting on behalf of a CUSTOMER, will automatically result in the cancellation of the said CUSTOMER, the cancellation of his points or the advantages he would have obtained, without compensation of any kind and without prior information.
Data processing and freedoms
The company GALLIEN PosinG is responsible for the personal data of its CUSTOMERS in accordance with French personal data protection law and European Directive 95/46 / EC. Personal data is kept within the European Union and is managed within the company GALLIEN PosinG. GALLIEN PosinG is committed to take all measures to ensure the protection, confidentiality and security of personal data.
The customer undertakes to immediately inform the company GALLIEN PosinG of any modification of its personal data. The data is updated by email to info@gallienposing.fr or by phone at +33 7 81 24 22 98.
The company GALLIEN PosinG is exempt from any responsibility for the consequences resulting from the lack of updating of personal data by the CUSTOMER.
In accordance with the French Data Protection Act of January 6, 1978, as amended, each CUSTOMER has, at any time, a right of access to information concerning him, a right to have them rectified or completed if they are inaccurate or incomplete, a right to oppose their transmission to third parties, a right to object free of charge to their being used to send him commercial solicitations and, more generally, a right to object to any form of processing as defined in paragraph 3 of article 2 of the said law. To do this, simply make a written request to the Customer Service of GALLIEN PosinG: 7 rue des Chènevières, 25500 Montlebon France or via the Contact us section on www.gallienposing.fr.
Contact
For any question relating to the GALLIEN PosinG Loyalty Program, CUSTOMERS can contact Customer Service by the following means:
· Section Contact us on www.gallienposing.fr
· The telephone number: +33 7 81 24 22 98 (Non-surcharged call from France.)
· The postal address: GALLIEN PosinG, 7 rue des Chenevières, 25500 Montlebon France.
Applicable law
It is expressly agreed that the law intended to apply is French law.
Photo credit
I thank the following people for their photo on my website:
Photo by Alexander Krivitskiy on Unsplash
https://www.availableideas.com/industrial-bedroom-ideas/