- Legal Notice -

SITE OWNER: VUILLAUMIER Martis

N° SIRET : 851 151 340 00011

Address: Martis Photography 630 Rue Jean Giono 30520 Saint-Martin-de-Valgégales

This site is hosted by OVH.com – 140 Quai du Sartel – 59100 Roubaix.

Access to the site for simple consultation is free and anonymous.©2023 All rights reserved.

INTELLECTUAL PROPERTY

The presentation and each of the elements appearing on the site www.martisphotographie.fr, are protected by the laws in force on intellectual property, and belong to the author or are subject to authorization for use.

No element making up the site www.martisphotographie.fr may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way whatsoever, under any medium whatsoever, in part or in full, without prior written authorization from the author. The logos, images, brands or any other element relating to other companies cited or used on the site www.martisphotographie.fr are the respective property of their authors.

Any total or partial representation of the site by any means whatsoever, without the express authorization of the author is prohibited and would constitute an infringement punishable by articles L.335-2 et seq. of the Intellectual Property Code. The author reserves the right to pursue any act of infringement of his intellectual property rights.

You can place on your site, blog, or social network a link to www.martisphotographie.fr and can also quote passages from the site www.martisphotographie.fr in accordance with article L.122-4 of the Intellectual Property Code respecting the following condition Article L.122-5 paragraph 3: The source must be mentioned with a link to www.martisphotographie.fr

© Copyright 2023 Vuillaumier Martis, “Martis Photography”. All rights reserved

- General conditions of sale -

The general conditions of sale “CGV” apply to all orders for services and products concluded between the Client and Martis Photographie.

1. PurposeThe general conditions of sale “CGV” create a legal agreement and apply to all orders for services and products concluded between the Client and Martis Vuillaumier “Martis Photographie”, self-employed operating under Siret 851 151 340 00011 – APE 7420Z – SIREN: 851 151 340

VAT not applicable – Photographer not subject to tax – Art. 293B of the CGIAny reservation of a session or order of products entails full acceptance of these T&Cs, except for special conditions agreed in writing between the Client and Martis Photographie. Head office and address: 630 Rue Jean Giono 30520 Saint-Martin-de-Valgégales2. Intellectual property rights and image rights2.1. Intellectual property

Photographs taken during a session are protected according to the rules of articles L 121-1 of the law of March 11, 1957 (Intellectual Property Code 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 Client's right to image is inalienable. It is in particular prohibited and punishable by law to digitize prints with a view to distributing them on the internet or making reproductions (including in a private context), copy and use the images presented on the various media specific to the Photographer and modify the photos (change to black and white, various retouching, etc.) without prior authorization from the Photographer.

When the Customer purchases the digital files in both high resolution and low resolution, he is authorized to reproduce the files and save them on any medium he wishes for the sole purpose of conservation, solely for his personal and private use. Under no circumstances is he authorized to modify (crop, add any effects, etc.) the photos, which remain original creations of their author. For any public use, including social networks, the Client must cite the name of the Photographer and put either the link to his Facebook page, the link to his Instagram profile, or the link to his site. Any comments or captions accompanying the reproduction or representation of the photos must not harm the image and/or reputation of the Photographer. The Client undertakes to stand in solidarity with the Photographer in the event of damage caused by misuse or misappropriation of images by a third party without their knowledge.2.2. Right to image The Customer retains his inalienable right to image in all circumstances, all times and all places. The Client declares to be of legal age, to freely pose for photographs and to authorize the taking of photographs. The legal representatives declare that they are of legal age and authorize the photography 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 mandatory, with the exception of emancipated minors. In the event that only one parent signs the contract, he or she certifies that the other parent does not object to either the taking of photographs or the use of the images produced. Unless otherwise notified by the Client in writing before the realization of the images. taken, 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.) and this for an indefinite period, it being understood that the photographs will not be used for purposes likely to harm the people represented. In the case of a session offered (collaboration) with a view to distribution, if the Client ultimately opposes this distribution, a corresponding compensatory allowance

at the current rate will be due.3. Progress of the session3.1. Reservation of the session The reservation of a photo session by the Client is only final upon receipt of payment of the deposit (variable depending on the service chosen) or the total amount of the session, and entails full acceptance of these conditions. T&Cs.

3.2. DepositThe deposit constitutes a first payment towards the total price of the service, it 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 then be considered as a definitive reservation. The balance is to be paid on the day the photos are taken. Payments by bank transfer, check or cash. No discount for cash payment can be granted. Any late payment will give rise to the payment of interest at the minimum rate provided for in Article L 441-6 of the Commercial Code (legal interest multiplied by three), payable automatically and without reminder, calculated on the amounts excluding taxes, as well as a fixed compensation of €40 per invoice for the inconvenience caused.3.3. PaymentThe balance of the service must be paid on the day of the session by bank transfer (plan to make the transfer in advance so that the sum appears on the Photographer's account on the day of the session), cash (provide the extra) or check (to the order of Martis Photographie).3.4. Withdrawal periodAs booking a photographic session is a personal process, the Client has no withdrawal period. No amount already paid by the Client will be refunded. As the products are considered highly personalized, no refund can be made if the Photographer has already placed an order with his suppliers.3.5. Postponement or cancellationIf the Photographer cannot honor the contract due to force majeure, a replacement date will be offered 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 and interest on any grounds whatsoever. Any request for modification (date, time, place) by the Client must be carried out 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 2 months following the date planned for the initial session, if the Photographer's schedule allows it. In the event of postponement, the Photographer cannot be held responsible for the non-achievement of certain particularities of the session (season, weather, shooting setting, etc.). In the event of cancellation of the session by the Client, in accordance with the legal provisions, the deposit amount will not be refunded; it covers the preparation costs for your session and the loss of profit from a lost photographic service.

3.6. Force majeure and climatic conditions Force majeure is considered to be an unforeseeable external event that makes the performance of the service impossible (particularly an accident). Either party may assert this right when force majeure is established. The Photographer or the Client undertakes to notify the other party as soon as possible by telephone or email. By mutual agreement, a new date will be planned, without any additional costs for identical services. In the event of unfavorable weather conditions, the Photographer cannot be held responsible for the non-performance or partial performance of the service initially planned for the order when the photograph must be taken outdoors or when access to the home of the Client would prove very difficult or impossible. Under no circumstances can the contract be revoked and no refund, even partial, will be made.3.7. Progress of a session The Client undertakes to be on time for the appointment set for the session. If you are more than 30 minutes late, the Photographer reserves the right to cancel the session. The delay time will be reduced from the initially planned deadline, so as not to penalize the next Customer who does not have to suffer this delay. The session may also be postponed at the Photographer's decision, depending on his availability, within 15 days of the initially planned date. The Client undertakes to facilitate the work of the Photographer during the execution of the service. The Photographer cannot be held responsible for lower quality of the photos in the event of a lack of cooperation from one of the participants in the session.3.8. Technical problem and/or accidentIn the event of a technical problem with the photographic equipment or any accident during the service and preventing the Photographer from carrying out the requested work, the entire amount paid will be refunded, without giving rise to the payment of damages for any reason whatsoever. The Client 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 may exceptionally happen that following a session, due to accidental manipulation, involuntary destruction, or computer failure, the sources of the photographs become unusable. In this case, the Photographer offers you the possibility of repeating the session in order to compensate for this incident beyond his control. In the event of refusal, the Customer will only be able to claim reimbursement of what he has paid, without any compensation.4. Photographic style4.1. Photographic styleThe Client acknowledges that he is familiar with the Photographer's book and requests his services with full knowledge of the latter's artistic style. He also recognizes that the Photographer's work is constantly evolving, that the service offered by the Photographer is unique and artistic and that the photographs delivered may be different from photographs taken by the Photographer in the past. The Photographer ensures that he uses all his potential and all his personal artistic judgment to create images consistent with his personal vision of the event .

The Client accepts that this vision may be different from theirs. During sessions at home or outdoors, the Photographer tries to adapt to the conditions specific to the location of the session in terms of brightness and colors. The quality of the photographs will largely depend on these conditions, which cannot be blamed on the Photographer if they are not favorable. Consequently, the Client acknowledges that the photographs are not subject to rejection based on tastes or criteria. aesthetics specific to each person.4.2. Post-processingPost-processing, like 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 on the post-processing he will apply to the raw photos (RAW). Only photographs processed by the photographer will be usable by both parties. No raw photos (RAW) will be given to the Client, nor will they be required from the Photographer who reserves the right to destroy them within the time frame that suits him. Digital files are delivered in JPEG format. They are kept for 1 year by the Photographer (except for disasters beyond his control such as a DDE that fails, flood, fire or others); beyond that, the latter reserves the right to destroy them.4.3. RetouchingDigital retouching is used to enhance a photo and to complete the processing of the raw image (RAW). If the client wishes to obtain a new post-processing proposal on a photo, this will be invoiced according to the current rate for a file high resolution digital. If the Customer wishes specific alterations, he must also notify them in writing in a summary email.

Please note, this involves carrying out natural and realistic retouching and not fashion or beauty type retouching. Returning to images that have already been retouched when the Client has given his or her agreement to the style of retouching is not included in the service.

This service can be carried out but will be charged extra. Exchanges concerning retouching will be done exclusively by email in order to preserve written records.5. Ordering photographic works5.1. Order from photos delivered with a service provider other than the PhotographerIf the Client wishes to print his own products (books, prints, etc.) using the HD digital files he has acquired, the Photographer declines all responsibility for the result obtained in an ordinary laboratory. The latter only guarantees the result on prints made by itself or its suppliers.5.2. Online galleryThe photos are posted online in a gallery, access to which is secured by a password. The Photographer disclaims all responsibility for the result obtained by this service provider. The gallery will remain active for a minimum of 4 months from its posting online, possible extension up to 1 year (additional billing possible).5.3. Order Full payment will be requested from the Customer when ordering for products derived from the session (prints, wedding album, enlargements, etc.). The delivery time is 2 to 8 weeks depending on the products. In accordance with in article 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for these products, considered to be clearly personalized. The dates and deadlines for availability are given for information purposes only. In the event of late delivery from a supplier, the Photographer cannot be held responsible and no compensation whatsoever may be requested. Postal shipping of the ordered products will be invoiced accordingly. For wedding albums, a right of inspection is offered once the layout work is completed and modifications can be made at the Client's request. Once these modifications have been made, the order is validated and ordered without revisiting the Customer. This right of review results in the validation of the order as is, or with the modifications cited in writing only. In the event of problems related to the layout, choice of photos, text, etc. there is no recourse possible. If it is a problem related to the physical book itself, please contact the Photographer within 48 hours.5.4. Payment Payment in cash (provide the extra), transfers are accepted and checks (payable to Martis Photographie). The balance must be paid in cash on the day the order is taken. No discount for cash payment can be granted. Any late payment will give rise to the payment of interest at the minimum rate provided for in Article L 441-6 of the Commercial Code (legal interest multiplied by three), payable automatically and without reminder, calculated on the amounts excluding taxes, as well as a fixed compensation of €40 per invoice. In the event that the Customer has not satisfied his obligations (failure or late payment) previously, the service request may be refused.5.5. Prices Prices are those valid on the date of the order. The sales prices are net of taxes and are those applicable at the time of booking a session or ordering additional products included in the signed contract. The Photographer reserves the right to modify his prices and services at any time. moment, without notice. Contracts already signed during a price change are not impacted within the limit of their validity period. Travel costs may be applied. They must be paid in addition.5.6. Gift vouchersGift vouchers are personal and cannot be used by anyone other than the person for whom it is intended unless agreed by email from the photographer. The recipients of the gift voucher have a period of 1 year to complete the service. After this date, they no longer have any value. The gift vouchers are neither exchangeable nor refundable. The gift vouchers are sent within 72 hours after receipt of payment.5.7. Right of withdrawalThe Customer has a withdrawal period of 7 working days from the day after the conclusion of the order and therefore payment of the deposit. Any decision to withdraw made within the allotted period will be subject to cancellation. a refund of the amount actually paid. However, no refund will be made if the service has been carried out in whole or in part with the Customer's agreement, before the withdrawal period has expired. After this 7-day period, the amount paid for the order will no longer be refunded.5.8 Applicable lawAll services provided by the Photographer are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator designated by the organizations representing professional photographers. For all disputes relating to the application of these General Terms and Conditions or the services provided by the Photographer, an appeal will be made to the Nîmes Commercial Court to settle the dispute.

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Concerning wedding services, a contract is signed between the Photographer and the Client. He alone guides the smooth running and completion of the wedding service.