The present general conditions of sale (hereinafter “GCS/CGU”) apply to all browsing on the site and to all orders for photographs placed with Julie COSTET, Photographer, operating as a sole proprietorship at 23 place du 8 mai 1945, 88400 GERARDMER – Siret n° 804 782 761 00022 (hereinafter “The Photographer”), – Code APE 74.20Z

A. Site content

The website https://www.juliecostet.com/ is intended to present the talent and skills of the Photographer, and to allow contact with any person or structure interested in the photographs she offers.
Any browsing or use of this site, whatever the content explored, implies acceptance of these terms and conditions. These general terms and conditions take precedence over all other terms and conditions of sale, and constitute the sole contractual link for any order placed via the Internet or remotely, whatever the purpose and duration.
The Internet user is hereby warned that orders may be the subject of a more detailed contract regulating the rights and obligations of the parties and preserving the Photographer’s intellectual property rights as well as the rights of third parties (the customer’s image rights, the copyright of a third party, etc.). These General Terms and Conditions therefore only apply insofar as they do not conflict with a specific contractual provision drawn up by the Photographer and relating to a particular order.

B. SERVICES AND ORDERS FOR PROFESSIONALS

La Photographe offers various types of photo shoots and commissions for professionals, including :
– Promoting the activities of a company or association
– Product photography
– Organizing corporate events
– Corporate portraits
– Etc, depending on customer requirements.
For all photography orders for companies, a complete contract will be proposed to the Customer, in order to perfectly adapt the commitments of each party to the nature of the order and to preserve both the rights of the parties (the Photographer’s copyright and the image rights of the customer and his collaborators and employees where applicable) and those of third parties.
The contract will specify the terms of payment of the agreed price as well as the duration and extent of the transfer of rights granted by the Photographer, in accordance with article L131-3 of the French Intellectual Property Code.

C. SERVICES AND ORDERS FOR PRIVATE CUSTOMERS

Benefits covered by a comprehensive contract
The photographer offers a range of services for private customers.
La Photographe offers family photo sessions on the following themes:
– Wedding
– Families
– Maternity
– EVJF (Bachelorette party)
– Couples/engagement session
For all these orders, a complete contract will be proposed to the customer, the Photographer granting an overriding importance to the respect of the rights of each one and to the safeguarding of the private life of her customers.
Every contract will refer to the precise formula chosen by the Customer, and on which depend the quantity and media of the photographs delivered (digital files and/or prints), the duration of the services, and so on.
Quotations are free and non-binding. No order will be validated before signature of the contract and payment of the agreed deposit. The payment of the deposit and the signature of the contract condition, for wedding reports, the reservation of the date in the Photographer’s diary and, for all other family orders, the making of the appointment for the shooting.
Any order placed remotely will be subject to the right of withdrawal provided by the Consumer Code and included both in the contract and in these GCS / GCU – See below).

Gift voucher
La Photographe also offers “Gift Vouchers” entitling recipients to outdoor sessions in Gérardmer, in natural light.
The duration of the session and the number of photos included in the gift voucher are specified according to the choice made by the person offering the “Gift Voucher”.
Photos are available in digital format, and can be downloaded from a private online gallery.
Prints can be ordered (at extra cost) from the gallery.
All practical information on the use of “Gift vouchers” is available on this page of the https://www.juliecostet.com/idee-cadeau-seance-photo/ website.
Gift vouchers are valid for one year.
If the session has not been completed before its expiry date, the customer will not be reimbursed and the session will not take place. The gift voucher must be paid in full before the session and is non-refundable.
If the beneficiary of the “Gift Voucher” wishes an additional service, the cost will remain at his/her expense and must be paid before the session takes place, on the basis of an estimate proposed by the Photographer and signed by the beneficiary.

For any purchase of a “Gift Voucher”, the Photographer will establish :
– For the buyer/donor, a paid invoice
– For the beneficiary of the “Gift Voucher”, a document detailing the services to which the voucher offered by the donor entitles him/her, and mentioning the organization of the session according to its nature.

D. INTELLECTUAL PROPERTY RIGHTS

All content appearing on the Site is protected by copyright, either for the benefit of the Photographer herself or for the benefit of a duly authorized third party (in particular the Webmaster). No content (text or visual) may be downloaded, distributed, reproduced or used in any form whatsoever without the prior written consent of the Photographer.
Any unauthorized use constitutes an infringement of copyright under Articles L122-4 and L335-2 of the French Intellectual Property Code, and may result in legal action.

E. RIGHTS OF THIRD PARTIES (IMAGE RIGHTS)

The Internet user’s attention is also drawn to the fact that the persons whose image is represented on the Site have only granted authorization to the Photographer herself within the limits of the precise contractual commitments entered into. Any use by a third party of content featuring recognizable persons, for any purpose whatsoever, may – in addition to the infringement referred to in the previous article – constitute an infringement of the image rights and privacy of the persons concerned.
In such a case, the person concerned in the illegally distributed photos would be entitled to bring an action both on the basis of article 9 of the French Civil Code and article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private life and right to one’s image), and before the CNIL (French Data Protection Authority). Lawsuits could also be filed on the basis of the Neighboring Rights enjoyed by performers under the French Intellectual Property Code, in the case of show photos. Any unauthorized use therefore exposes the third parties responsible to considerable legal and administrative penalties. In order to comply with the same RGPD, the Photographer will have the obligation to report any illegal use of personal data, among them photographs or video showing recognizable persons.

F. PRICE

The price of a photographic order or the purchase of a numbered and signed print, as well as the transfer of reproduction rights, will always be adapted to the exact nature of the order, based at the very least on an estimate and, more often than not, on a complete contract signed by both parties (except for the purchase of a “gift voucher” – see above).
All prices communicated in this context include all taxes and are expressed in €uros.

G. PAYMENT

For the time being, the Site’s sole purpose is to facilitate contact between the Photographer and her interlocutors, customers and business partners. No online payment is available on the site.
All requests for information or quotes must be accompanied by a precise description of the proposed service, as well as the terms of payment (deposit, payment of the balance, payment terms and deadlines, etc.). Payments will be made by cheque or bank transfer and will be invoiced.
The Customer is responsible for the invoicing data sent to the Photographer and undertakes to provide complete and up-to-date data (surname, first name, postal address).

H. RIGHT OF WITHDRAWAL

Business customers
Under Law no. 2014-344 of 17/4/2014, the right of withdrawal was extended to contracts concluded off-premises between two professionals, “provided that the subject of these contracts does not fall within the scope of the main activity” of the professional/customer and that the number of employees employed by the latter is equal to or less than five (Art. L221-3 of the Consumer Code, resulting from Order no. 2016-301 of 14 March 2016).
Consequently, any photographic order placed by a small company operating in a completely different sector, with no more than 5 employees, may be subject to the legal 14-day right of withdrawal.
Consequently, when the Customer is concerned by these legal provisions, the information below is also applicable:
– Any order placed with the Photographer by a customer who falls within the scope of this law may be subject to the right of withdrawal IF the order was not placed in the Photographer’s offices. Only orders placed remotely or on the customer’s own premises are subject to this right of withdrawal.
– The right of withdrawal must be exercised by the customer within 14 days of signing the contract submitted to him.
– The Customer must express his/her intention to exercise the right of withdrawal using the form available HERE or send a registered letter to the following address:

Ms Julie COSTET
23 Place du 8 mai 1945
88400 GÉRARDMER

or send an e-mail to contact@juliecostet.com
– Any urgent order whose execution would have been requested during the duration of this period of retractation will imply the express renunciation to the benefit of the period of retractation.
– In the event of a valid exercise of the right of withdrawal, the amounts paid by the Customer will be reimbursed in full within the maximum legal period of 14 days.

Individual customers
When services or sales are made to private individuals, they have a right of withdrawal in accordance with the French Consumer Code. All orders for photos taken remotely are subject to a 14-day cooling-off period (Art. L221-18 et seq. of the French Consumer Code) for non-professional customers.
When an order is placed for a service to be performed in less than 14 days, the customer will be asked to formally waive this deadline.

In the event of valid exercise of the right of withdrawal, the non-professional Customer shall send a registered letter to the following address:

Ms Julie COSTET
23 Place du 8 mai 1945
88400 GÉRARDMER

or send an e-mail to contact@juliecostet.com
If the right of withdrawal is exercised, the amounts paid by the Customer will be reimbursed in full within the maximum legal period of 14 days.
In accordance with article 221-28 of the French Consumer Code, no withdrawal period is applicable to orders concerning :
– digital files (Art. 221-28-13°)
– personalized products (such as family photographs ordered on media chosen by the persons concerned) (Art. 221-28-3°)
The right of withdrawal will therefore NOT apply in any case where the private individual, after taking the family photos, orders digital files or prints of the photographs taken.

I. INSURANCE

The Photographer has taken out and maintains civil liability insurance covering any damage for which she may be held responsible in the exercise of her activity.

J. MODIFICATION OF THE CGV

These GTC may be modified at any time. Changes will only have an effect for the future. Orders placed online prior to the modification will not be affected by it, except in the case of a legal or regulatory modification that would apply immediately.

K. PRIVACY & COOKIES

1. Cookies
By continuing your browsing on this site (by clicking anywhere on this page), you accept the use of Cookies to facilitate your browsing on the site and carry out audience measurement.
– What is a “cookie”?
A cookie is a text file placed on your hard drive by our website’s server or by online statistical services such as Google Analytics. The purpose of this file is to collect information about your browsing habits (computer, mobile or tablet).
The cookies issued directly by the Le Photographe site are exclusively intended to enable and facilitate your browsing on the site.
The purpose of the cookies issued by Google Analytics is to measure the site’s audience, in order to evaluate the content published, functionalities and ergonomics of the site (see in particular: http: //www.google.com/intl/fr/policies/privacy/partners/).
– How do I accept or reject cookies?
You can decide at any time to accept or refuse all or part of the cookies. Please note, however, that refusing some or all cookies may prevent you from accessing certain functions on our site.
To manage your cookies, please refer to the relevant sections of your Internet browser, in particular :
– for Internet Explorer™
– for Safari™
– for Chrome™
– for Firefox™
– for Opera™
2. Personal data protection
In accordance with the General Data Protection Regulation (GDPR) in force since May 25, 2018, any contact request via the Site form will have the effect of communicating to the Photographer the contact details that you yourself have inserted. This information will be used exclusively to respond to your request.
The Photographer undertakes to :
– Not to communicate this data to third parties, for any reason whatsoever, without your prior consent.
– Use personal data only for the purposes for which you provided it.
– Not to use them to send you other promotions, information or newsletters.
You can request the correction or deletion of your personal data at any time by sending an e-mail to contact@juliecostet.com.
Your request will be acknowledged and the necessary steps will be taken as soon as possible, with confirmation sent to you at the appropriate time.
Any complaint relating to the collection, processing or deletion of personal data is the responsibility of the CNIL(www.cnil.fr).

L. CONSUMER MEDIATION

For any dispute between the Photographer and individual customers, the latter are informed of the Photographer’s membership of a consumer mediation service:

M. APPLICABLE LAW AND JURISDICTION.

These terms and conditions are governed by French law.
In the event of a dispute, the parties agree to give priority to finding an amicable solution.
Failing this, any dispute will be referred to the courts designated by the French Code of Judicial Organization.
By way of exception, and except for disputes relating to intellectual property which the law already assigns to certain specialized jurisdictions, any dispute between the Photographer and a professional customer will fall within the jurisdiction of the courts of the Photographer’s place of business.