Terms and Conditions of Sale
Information relating to the terms and conditions of sale.
These terms and conditions create a legal agreement and apply to all orders and all sales of services and products concluded between the client and Xavier Granet Artiste Auteur.
SIRET: 34033893800038 – VAT: FR64340338938 – AGESSA no. 62596
Xavier Granet Artiste Auteur reserves the right to modify these general terms and conditions at any time. Each order is governed by the general terms and conditions applicable on the date of the order.
1. Purpose
Xavier Granet, author-photographer, offers professional photographic and videographic services as presented on his website: https://www.xaviergranet.com.
Placing an order for a service by the client implies unreserved acceptance of these general terms and conditions of sale, barring special conditions granted to the client by Xavier Granet, Artist-Author.
Any document other than these T&Cs, and in particular catalogues, prospectuses, advertisements and notices, is for information and guidance purposes only and is non-contractual.
These terms and conditions of sale form an indivisible contractual document with the service contract signed by the client.
2. Order
The booking of a service with Xavier Granet Artiste Auteur is done exclusively by email.
All orders are accepted upon receipt of a customer purchase order and/or a deposit of 30% of the total amount excluding VAT, and must be confirmed by a contract signed by the customer setting out the practical details (date, venue, etc.). This contract must be returned, signed, to Xavier Granet Artiste Auteur by email.
3. Prices and payment terms
Prices are shown inclusive of all taxes and depend on the rates applicable on the date of the order. If they are subsequently subject to change, any service previously agreed will retain the rate applied at the time the order was placed. Travel or accommodation expenses may apply. These will then be included in the quote.
Quotations issued by Xavier Granet Artiste Auteur are valid for 30 days.
If the order exceeds 1,000 euros excluding VAT, a deposit of 30% of the total amount quoted will be required to confirm the order. This may be paid by bank transfer.
The balance will be paid by the customer via bank transfer upon receipt of the order.
Failure to pay the balance results in the cancellation of the assignment of the right to exploit the documents/files (photos, videos), with no refund of the deposit received. The final use of the documents/files (photos, videos) shall only take place once the order has been paid for in full, barring prior agreement with the client.
4. Modification of the service
Any request to modify a service requested by a client can only be taken into account if the request is sent by email to Xavier Granet Artiste Auteur at least 2 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 concluded. Any request for cancellation made within the allotted time will result in the refund of the deposit, unless the service has already been carried out in whole or in part.
In the event of the cancellation of a service booking, it is reminded that, in accordance with legal provisions, the deposit amount will not be refunded, except in cases of force majeure on the part of the customer.
In the event of the cancellation of a booking for a service without a deposit having been paid:
48 hours before the performance: Invoice 25% for the total amount.
24 hours before the service: Invoice 50% for the total amount.
On the day of the service: Invoicing of the total amount.
Except in cases of force majeure on the client's part.
5. Performance of the service
The photographs are taken by Xavier Granet, Artist-Author, or, in the event of major hindrance, by any other photographer/videographer appointed in agreement with the client.
The photographer is not bound by an obligation of result. They use all available means to provide quality images/documents, as stipulated in the order. The content of these images/documents is left to the artistic appreciation of Xavier Granet Artist Author.
Consequently, clients acknowledge that photographs/videographies are not subject to rejection based on the client's tastes.
6. Customer obligation
The scheduled time for the service is strictly fixed, and any delay on the part of the clients may be deducted from the time previously agreed upon for the session. Beyond one hour of delay, the session will be cancelled and the deposit will not be refunded.
The client must inform the extras and/or participants that they will be photographed/filmed and secure the rights to use their image.
In the event of material damage caused by the client or any other person present at the shoot, this must be reimbursed in full.
7. Post-processing
Xavier Granet Artist Author never delivers raw photos/videos. Post-processing, just like shooting, is an integral part of the commission. Xavier Granet Artist Author is the sole decision-maker regarding the post-processing that will be applied, in agreement with the client.
Any further retouching requested by the client will be accepted or not by Xavier Granet Artiste Auteur, who reserves the right to charge for this additional work per image according to current rates.
8. Delivery
Xavier Granet Artiste Auteur makes every effort to ensure photos and videos are delivered as promptly as possible.
A delay in delivery or execution cannot be relied upon by the customer to request the termination of the contract, claim damages or assert any other claim.
Photos and videos are sent to the client via a download link or through a private web-accessible gallery.
Digital files are delivered in a format suited to the client's use. The other files remain the property of Xavier Granet Artiste Auteur and will under no circumstances be handed over to the client.
9. Retention period
From the time of their delivery to the client, the photos/videos are kept and archived under their sole responsibility. The client is advised to make backups on various media.
Xavier Granet Artiste Auteur disclaims all liability in the event of loss or damage to digital files delivered to the client. However, the files remain available for 1 year and can be resent if necessary.
10. Responsibilities
10.1 Adverse weather conditions
In the event of adverse weather conditions such as, for example, thunderstorms, storms, heavy rain, etc., Xavier Granet Artiste Auteur cannot be held responsible for the non-performance or partial performance of the outdoor services initially scheduled in the order.
Despite the efforts made by Xavier Granet, Artist-Author, during the creation of the photographs, the latter can in no way be held responsible:
– of the presence of disruptive elements (vehicles, signage objects, structural defects, people, the quality of the soil, terrain or natural elements such as trees or clouds); ;
- of the reflection of their equipment in a mirror or any other materials at the shooting location; ;
– from the cast shadow of their equipment which could be visible on the documents (due in part to the position of the ambient lighting, the position of the sun, or inappropriate lighting,
No refund will be given; the session will be postponed to a later date.
10.2 Force majeure
A force majeure event is defined as an unforeseeable external event that makes the performance of the service impossible (accident, death of a relative, etc.). Each party may invoke this right as soon as the force majeure is established.
Xavier Granet Artiste Auteur reserves the right to cancel or postpone a photographic service in the event of force majeure or illness. Such cancellation shall neither incur his liability nor give rise to the payment of damages of any kind whatsoever. The session will be postponed to a later date.
As part of an event, Xavier Granet, Artist Author, undertakes to do his utmost to help clients find another service provider available to perform the service.
All amounts paid will then be refunded without giving rise to the payment of damages under any circumstances whatsoever.
10.3 Technical problem and incident
In the event of a technical issue with the photo or video equipment or any accident whatsoever during the service preventing Xavier Granet Artiste Auteur from delivering the requested work, the entire amount paid will be refunded, without giving rise to the payment of damages of any kind whatsoever.
In the event of loss or damage to the photos prior to delivery (burglary, fire, etc.), the client shall only be entitled to a refund for the service.
11. Intellectual property
Photographs taken during a session with the client are protected in accordance with the provisions of Articles L 121-1 and the law of 11 March 1957 (Intellectual Property Code and Copyright).
Even after the transfer of the digital files, the photos/videos remain the intellectual property of Xavier Granet Artiste Auteur and are therefore not royalty-free. Commercial use by the Client of the images from their session is not permitted, and must be the subject of a new written agreement with the photographer.
Any personal use of photos/videos, whatever it may be and whatever the uses (publication on the internet, exhibition, etc.), must mention the name Xavier Granet photo and/or video.
Right to one's image
The photographer reserves the right to use the photos/videos they have taken for the purposes of promoting their business (website, social media, exhibitions, etc.). The client must indicate their agreement or disagreement at the time of signing the contract.
13. Personal data
Personal information collected when placing an order is intended exclusively to ensure customer management, and in particular the tracking of bookings in order to properly fulfil the ordered service.
Xavier Granet Artiste Auteur undertakes not to disclose this information to third parties for any reason whatsoever.
14. Governing law
The contractual relations between 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 conditions, as well as any agreements to which they apply, shall, failing an amicable agreement, be subject to the exclusive jurisdiction of the French courts and more specifically the courts of Paris.