GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale constitute a legal agreement and apply to all orders concluded between:

The client and Mickaël RASQUIN, Siret 820 539 153 00016 APE code 7420Z residing in Precy-Sur-Marne (77410).

1. OBJECT

Mickaël RASQUIN offers video and photographic services in various themes as presented on the website www.mickaelrasquin.com .

Mickaël RASQUIN is a freelance photographer/videographer, operating under the self-employment scheme.

Placing an order by the customer implies full acceptance of these general terms and conditions of sale (GTC), unless specific conditions are agreed in writing between the photographer/videographer and the customer.

These general terms and conditions of sale form an indivisible contractual document with the sales contract attached as an appendix, which the customer undertakes to return by email or by post, both of which must be initialed, completed and signed.

By simply booking a date, the customer declares that they have read and understood these terms and conditions.

These General Terms and Conditions of Sale apply to all services and product orders concluded by Mickaël RASQUIN photographer/videographer (self-employed) with his clients, regardless of any clauses that may appear on the client's documents, and in particular his general terms and conditions of purchase.

The General Terms and Conditions of Sale are systematically communicated to any customer who requests them, to enable them to place an order with Mickaël RASQUIN photographer/videographer .

The latter reserves the right to modify them.

2. BOOKING PHOTO & VIDEO REPORTS

Booking a service is done via the website www.mickaelrasquin.com or by email ( contact@mickaelrasquin.com ) according to the contact information provided on the website www.mickaelrasquin.com .

Booking a video and/or photo service can be done at any time subject to the photographer/videographer's availability.

The customer agrees to return the general terms and conditions of sale and the order form initialed and signed by mail or email.

A deposit of 30% of the total amount is required.

If the deposit is not paid within 7 days of the order date, the reservation will be cancelled outright.

3. SESSION PROCEDURE

On the day of the session, the scheduled time is mandatory.

4. PRICES

The prices shown are those valid on the date of the order.

Travel expenses may apply. These must be paid in addition to the total cost.

The selling prices are those applicable at the time of the order.

Prices are shown in euros, including all taxes.

The usage rights amounts shown on Mickaël RASQUIN photographer/videographer's rates indicate the basis of rights and technical costs due for lawful uses with proper mentions.

These rates are available upon request.

Taxes are those in effect on the invoice date.

The prices indicated do not include travel expenses, these will be specified separately on the said contract at the time of ordering and are in the order of 0.50 ct per kilometer from the head office in Precy-Sur-Marne, 77410.

The services and products are provided at the rates in effect on the day the order is placed, according to the quote previously established by Mickaël RASQUIN photographer/videographer and accepted by the Client, if applicable.

4B. MODIFICATION OF THE ORDER FORM

Any changes to the order requested by the customer will be taken into account to the extent possible and will be billed according to the service provided.

5. PAYMENT

Mickaël RASQUIN accepts payments in cash or by bank transfer.

For cash payments, the balance will be paid on the day of the service.

Any delay in payment may give rise to the payment of interest at the minimum rate provided for in Article L441-6 of the Commercial Code (legal interest multiplied by three), payable by right and without reminder, calculated on the amounts excluding tax, as well as a fixed compensation of 40 euros per invoice.

In the event that the client has not previously fulfilled their obligations (default or delay in payment), the service request may be refused.

6. SUBMISSION OF PHOTOGRAPHS AND/OR VIDEOS

Within 30 days of the photo shoot, the photographer/videographer selects the post-processed shots; the retouched photographs will be available within a maximum of one month (excluding the delivery day) and sent by mail.

The digital files will be delivered as .Jpeg files on CD, USB key, by email or other medium determined in advance.

Other file formats are the property of the photographer and will under no circumstances be given to the client.

The photographer never delivers the raw photos.

The photographer disclaims all responsibility in case of loss or damage to the files delivered to the client.

Any request for a duplicate will then be charged at the current rate.

Post-processing, just like shooting, is unique to the photographer and is an integral part of their work, style, and artistic universe.

The photographer is the only one who decides on the post-processing, which he will apply to the digital negatives.

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

No raw images will be given to the client or can be requested.

6B. SUBMISSION OF VIDEOS

Within 60 days of the video shoot, the photographer/videographer selects the shots needed to make the film.

The film will be delivered as a .mp4 or .mov file on DVD, USB drive, or other predetermined medium.

The raw footage (raw files) is the property of the photographer/videographer and will under no circumstances be given to the client.

The photographer/videographer never delivers the raw footage.

The photographer/videographer disclaims all responsibility in case of loss or damage to the files delivered to the client.

Any request for a duplicate will then be charged at the current rate.

Post-processing, just like shooting, is unique to the photographer and is an integral part of their work, style, and artistic universe.

The photographer/videographer alone decides on the editing and color grading applied to the films. Only videos processed by the photographer/videographer will be usable by both parties.

No raw files will be given to the client or can be requested, and the photographer/videographer reserves the right to destroy them within a timeframe that suits him/her.

7. RIGHT OF WITHDRAWAL

The consumer has a withdrawal period of 7 working days from the day after the order is concluded and therefore the deposit is paid.

Any cancellation decision made within the allotted time will result in a refund of the amount actually paid.

However, no refund will be issued if the service is performed in whole or in part with the consumer's agreement, before the expiry of the withdrawal period.

After this 7-day period, the amount paid for the order will no longer be refunded.

8. ORDER CANCELLATION

In the event of cancellation of a confirmed video and/or photo service reservation, it is noted that in accordance with legal provisions, the deposit amount will not be refunded.

In the event of cancellation, either at the beginning or during the execution of the work, at least 50% of the amount stipulated in the quote or contract will be charged.

Any additional work not included in the quote or contract will be billed extra.

A 30% deposit will be automatically required for all service bookings. In the event of cancellation of the order by the Client and after acceptance of this cancellation by Mickaël RASQUIN photographer/videographer, for any reason whatsoever other than force majeure, the deposit paid upon ordering, as defined on the quote or order form, will be retained by Mickaël RASQUIN photographer/videographer and will not be subject to any refund.

9. FORCE MAJEURE AND ILLNESS

Mickaël RASQUIN reserves the right to cancel a video and/or photo service in the event of force majeure or illness.

Such a cancellation will neither give rise to liability nor entitle the holder to any compensation whatsoever.

The photographer/videographer undertakes to do their best to help clients find another available service provider to perform the service.

10. TECHNICAL PROBLEM & ACCIDENT

In the event of a technical problem with the video and photo equipment or any accident during the service preventing Mickaël RASQUIN from delivering the requested work, the entire amount will be refunded without giving rise to the payment of damages of any kind.

11. INCAPACITY FOR WORK & FORCE MAJEURE

In the event of incapacity for work, as a result of illness or accident, Mickaël RASQUIN photographer/videographer reserves the right to terminate this contract, and/or modify the current schedule without the Client being able to demand payment of compensation.

It is accepted that Mickaël RASQUIN photographer/videographer must notify the Client of his inability as soon as possible.

In addition to the cases usually recognized by case law, force majeure includes, in particular, the blocking or unavailability of telecommunications, including telecommunications networks and any consequence of a technological development, unforeseeable by Mickaël RASQUIN photographer/videographer , calling into question the norms and standards of his profession and any other case independent of the will of the parties preventing the normal execution of these Conditions.

Delays or non-execution of orders resulting from force majeure: including fire, flood, strike, regulation or requirement of public authority, or any other unavoidable, unforeseeable event beyond the control of Mickaël RASQUIN photographer/videographer , cannot give rise to compensation.

The provisions of this article shall in no case relieve either party of the obligation to pay the other any sum that it owes.

12. ACCIDENTAL DATA LOSS

Despite all the care that Mickaël RASQUIN takes with data storage, it can exceptionally happen that following a session, due to accidental manipulation, involuntary destruction, or computer failure, the source files of the photographs or videos become unusable.

Mickaël RASQUIN photographer/videographer offers the client a new session of the same duration in this case, in order to compensate for this incident beyond his control.

13. OWNERSHIP, COPYRIGHT, NAME CREDIT

The videos and photographs are the full and complete property of Mickaël RASQUIN photographer/videographer (all formats or colours combined).

Only the reproduction, representation and exploitation rights granted by Mickaël RASQUIN photographer/videographer are valid, to the exclusion of all others.

As the author, Mickaël RASQUIN photographer/videographer is the only one to own the right of reproduction, representation and disclosure on his works, these do not extend to clients, therefore any transfer, resale, rental, and any loan to a third party of videos and/or photographs or derivative document (prints, duplicate, internegative, CD, CD-ROM, etc.) for consideration or free of charge is prohibited without the written agreement of Mickaël RASQUIN photographer/videographer .

All images are Copyright “Photos taken by Mickaël RASQUIN” and the mention of the name is mandatory and must appear next to each use and if possible as close as possible to the reproduction.

The absence of a signature, an erroneous signature or an unidentifiable signature will give rise to the payment of compensation at least equal to twice the amount of the notified fees.

All these provisions are regulated by Law No. 92-597 of July 1, 1992 on the Intellectual Property Code.

14. COMMUNICATION & USE OF PHOTOGRAPHS

The communication and use (reproduction – representation) of videos and/or photographs are subject to the provisions of Law No. 92-597 of July 1, 1992 on the Intellectual Property Code and to the provisions of the codes of practice of the Union of Creative Photographers.

The provision of these documents does not constitute authorization for reproduction. This authorization will only be granted upon receipt by Mickaël RASQUIN, photographer/videographer, of the dated and signed transfer agreement and/or a duly paid copyright transfer invoice.

The client or user is solely responsible to the photographer/videographer for any loss or damage attributable to the third party to whom he/she has entrusted his/her work and/or the delivery (outbound and/or return) of the photographs (carrier, post office, etc.), any limitation or exclusion of liability being unenforceable against the photographer.

The photographs are submitted for review and selection for a single declared use.

Any reuse or use for purposes other than those declared requires new authorization from the photographer Mickaël RASQUIN photographer/videographer and the payment of new fees.

The photographer accepts no responsibility in case of non-compliance with the provided captions.

In cases where only the accompanying article or caption is defamatory, the responsibility of the broadcaster, the publisher, and the author of the writing is involved, to the exclusion of that of the photographer.

15. USE OF THE SITE

www.mickaelrasquin.com

Users of this website agree that such use is subject to the terms and conditions described in these general terms and conditions and to compliance with applicable French laws.

Access to this site is at the user's own risk, and the user shall be solely responsible for the conditions and means of connection they use.

16. PERMISSION TO REPRODUCE

You acknowledge and agree that Mickaël RASQUIN photographer/videographer may reproduce your image for promotional purposes on the website www.mickaelrasquin.com .

You are therefore giving away your image rights on the internet and for the sole use of Mickaël RASQUIN photographer/videographer .

Under no circumstances will Mickaël RASQUIN photographer/videographer sell or transfer your videos and/or photographs to third parties without your written consent.

You acknowledge that you agree that Mickaël RASQUIN photographer/videographer, films and photographs your minor children and accept the reproduction of the images for promotional purposes after written agreement from you in case of refusal an increase in the price of the service will be applied (75€ seventy-five euros).

If you refuse in writing, the images of the minors will not be used.

17. GENERAL DESCRIPTION OF PRODUCTS & SERVICES

The website " www.mickaelrasquin.com " provides the most accurate description possible of the products offered.

For reports, only quotes and purchase orders will provide a detailed description of a given commercial proposal.

Furthermore, the client always has the option of contacting Mickaël RASQUIN photographer/videographer by phone, email or mail to obtain additional information on the products or services offered.

18. INTELLECTUAL PROPERTY

The use of the photographs taken is subject to the legal provisions concerning copyright and related rights. Photographers are protected by the law of March 11, 1957 on copyright and by the Intellectual Property Code.

The client is required to respect the moral rights of Mickaël RASQUIN photographer/videographer who reserves the right to use, unless otherwise notified in writing by the client before the video and/or photo service, the videos and photographs taken from a report or a photo session for the purpose of promoting his business.

The agreement includes, among other things, the publication or use of the photos for the author's promotional purposes:

– Presentation of a possible book showcasing the work of the photographer/videographer.

– Exhibition and competition, including the right of reproduction, in particular: catalogue, press kit, local, national and specialized press, publication of posters or postcards.

– Personal websites and web galleries of the photographer/videographer.

– By any existing or future means of representation: business card, CD, DVD, USB key, composites, papers and personal portfolio of Mickaël RASQUIN…

Any comments or captions accompanying the reproduction or representation of the photos must not be detrimental to my image and/or reputation.

The client agrees to stand by the photographer/videographer in the event of damage caused by the misuse or misappropriation of the images by a third party without their knowledge.

In the event of publication of videos and/or photos on the internet by the client, he undertakes to mention the author “Mickaël RASQUIN” and his website.

19. DIGITAL FILE PRESERVATION

You are strongly advised to make at least one copy on a hard drive or other storage medium.

If you are having prints made by a website, it is very important to uncheck the "automatic retouching" box which is sometimes offered and which would ruin the photographer's post-processing work.

In the case of printing photo prints, the photographer declines all responsibility for the result obtained in an ordinary laboratory.

This only guarantees the result on prints made by the studio.

Similarly, the quality of digital files may not be optimal on an uncalibrated screen. The photographer accepts no responsibility in this regard.

20. MODIFICATION OF GENERAL TERMS AND CONDITIONS

Mickaël RASQUIN reserves the right to modify these general terms and conditions at any time.

The conditions thus modified will apply to all orders placed after the date of modification, including any supplementary or ancillary orders to a previous order.

21. CURRENT RATES

Prices are shown in euros, including all taxes.

The usage rights amounts shown on Mickaël RASQUIN photographer/videographer's rates indicate the basis of rights and technical costs due for lawful uses with proper mentions.

These rates are available upon request.

Taxes are those in effect on the invoice date.

The prices indicated do not include travel expenses, these will be specified separately on the said contract at the time of ordering and are in the order of 0.50ct per kilometer from the head office in Precy-Sur-Marne, 77410.

22. RATES & PAYMENT TERMS

For events, a 30% deposit will be required upon acceptance of the quote, and will be collected at the time of signing the contract.

This deposit will be deducted from the total amount of the chosen service.

A second deposit of approximately 30% will be required on the day of the service, and the remainder of the total amount will be due upon delivery of the photographs.

For any late payment, compensation of 10% of the total amount invoiced per day of delay will be required and no photograph will be delivered until Mickaël RASQUIN photographer/videographer has received full payment for it.

Orders must be paid in EUROS and Mickaël RASQUIN photographer/videographer reserves the right to cancel any order or delivery in the event of a payment incident.

23. DEPOSIT & PAYMENT

The payment terms and any required deposits will be specified on the quote and/or order form.

24. DELIVERY TIME

Mickaël RASQUIN, photographer/videographer, makes every effort to deliver orders as quickly as possible, according to the timeframe specified in the quote, provided that the client complies with all the conditions described below:

Payment of deposits at the specified periods, Mickaël RASQUIN photographer/videographer also makes every effort to deliver orders as soon as possible according to the times provided for in the quote subject however to the respect by the supplier(s) of their commitments.
The party or parties involved will be held fully responsible for their negligence/delays. Given these conditions, it is clearly understood by the Client that they cannot claim any alleged fault in the performance of services by Mickaël RASQUIN, photographer/videographer, if he has not respected the dates set in the specifications and/or schedule or the required step-by-step approvals.
Similarly, any delay in the completion of the project, caused in whole or in part by the client's failure to deliver the aforementioned elements within the agreed timeframe, voids their right to compensation and reimbursement.

25. THIRD PARTY AUTHORIZATION

The communication and use of videos and photographs are independent of the rights of third parties (author and/or owners of the works or property represented and persons appearing in the photographs in particular) whom the user must contact directly, failing to obtain them through the photographer/videographer.

In case of dispute, the user of the videos and photographs is fully liable.

26. RESPONSIBILITIES

In general, Mickaël RASQUIN photographer/videographer cannot be held responsible for indirect damages, such as commercial damage, loss of customers, loss of orders, any commercial disruption, loss of profit, or damage to brand image.

Any action brought against the beneficiary by a third party constitutes indirect harm and, consequently, does not give rise to compensation.

Furthermore, the amount of compensation that Mickaël RASQUIN photographer/videographer may have to pay to the beneficiary as damages is expressly capped at the total amount actually received by Mickaël RASQUIN photographer/videographer from the beneficiary for the use of the disputed photograph(s).

It is expressly forbidden to use the documents made available for purposes of pornography, racism, violence, and in any other area which is contentious or prejudicial to the author and/or the third parties represented and/or to Mickaël RASQUIN photographer/videographer .

27. PERSONAL DATA

The photographer/videographer is committed to preserving the privacy of his clients and visitors to the website www.mickaelrasquin.com .

Under no circumstances will the collected data be transferred or sold to third parties.

The personal information requested from the client is intended exclusively for the photographer, for administrative and commercial management purposes.

In accordance with the law of 6 January 1978, relating to information technology and civil liberties, personal data recorded on the site is stored for a limited period.

Their processing, implemented solely for literary and artistic expression purposes, is exempt from declaration to the CNIL (Article 67 of Law 78-17). Any client or user who has submitted personal information, directly or indirectly, to this site has the right to access, rectify, or delete their data upon simple request, by writing to Mickaël RASQUIN, 1A Grande Rue, Precy-Sur-Marne, 77410.

28. APPLICABLE LAWS

All services provided by the photographer/videographer are subject to French law.

The parties agree, before any legal action, to submit their dispute to the mediator appointed by the representative body of professional photographers.

For all disputes relating to the application of these Terms and Conditions or the services provided by the photographer, the Commercial Court of Nanterre shall have sole jurisdiction.

29. DATA RETENTION

Mickaël RASQUIN photographer/videographer keeps the digital files for 6 months on his hard drives.

30. CLAIMS & JURISDICTION

In case of disagreements or disputes, you must submit your complaints within 48 hours of delivery of the work and always prefer an amicable settlement before resorting to the courts.

31. PUBLICATION CONDITIONS

Any publication by you or the photographer/videographer Mickaël RASQUIN on social networks or various sites for personal or professional purposes must be mentioned with a copyright notice issued by the photographer/videographer.

Conditions Générales de Vente - Presets Lightroom

Article 1 – Objet

Les présentes Conditions Générales de Vente régissent les ventes des produits numériques proposés sur le site de Mickaël Rasquin.

Les produits commercialisés sont des presets Adobe Lightroom destinés à la retouche photographique.

Toute commande implique l'acceptation pleine et entière des présentes CGV.

Article 2 – Identité du vendeur

Mickaël Rasquin
Photographe – Auto-entrepreneur

SIRET : 82053915300016

Adresse e-mail : contact@mickaelrasquin.com

Site internet : www.mickaelrasquin.com

Article 3 – Produits

Les produits vendus sont exclusivement des fichiers numériques téléchargeables.

Les visuels présents sur le site sont fournis à titre illustratif. Le rendu final dépend notamment :

de la photo utilisée ;
des conditions de lumière ;
des réglages d'exposition ;
du matériel photographique utilisé ;
des éventuelles modifications apportées par l'utilisateur.

Aucun preset ne peut garantir un rendu identique sur toutes les photographies.

Article 4 – Prix

Les prix sont indiqués en euros (€).

En tant qu'auto-entrepreneur bénéficiant de la franchise en base de TVA, la TVA est non applicable conformément à l'article 293 B du Code Général des Impôts.

Le vendeur se réserve le droit de modifier ses tarifs à tout moment. Le prix facturé sera celui affiché au moment de la commande.

Article 5 – Paiement

Le paiement est exigible immédiatement lors de la commande.

Les moyens de paiement proposés sur le site sont entièrement sécurisés.

Article 6 – Livraison

Après validation du paiement, le client reçoit immédiatement un lien de téléchargement ou un accès lui permettant de récupérer les fichiers.

Il appartient au client de sauvegarder les fichiers téléchargés.

En cas de problème technique, le client peut contacter le vendeur à l'adresse indiquée ci-dessus.

Article 7 – Droit de rétractation

Conformément à l'article L221-28 du Code de la consommation, les contenus numériques fournis immédiatement après l'achat ne bénéficient pas du droit de rétractation lorsque le client a expressément accepté leur exécution immédiate.

En validant sa commande, le client :

demande la livraison immédiate du produit numérique ;
reconnaît renoncer à son droit de rétractation.

Article 8 – Politique de remboursement

En raison de la nature numérique des produits, aucun remboursement ne pourra être accordé une fois le téléchargement effectué.

Si un fichier est défectueux ou ne peut être téléchargé, une nouvelle copie sera fournie gratuitement.

Article 9 – Licence d'utilisation

L'achat d'un preset confère au client un droit d'utilisation personnel.

Il est interdit de :

revendre les presets ;
les partager avec un tiers ;
les distribuer gratuitement ;
les publier sur Internet ;
les modifier dans le but de les revendre ;
les intégrer dans un produit destiné à la revente.

Toute utilisation non autorisée constitue une violation du droit d'auteur.

Article 10 – Propriété intellectuelle

L'ensemble des presets, visuels, textes, logos et contenus proposés sur le site demeure la propriété exclusive de Mickaël Rasquin.

Aucun droit de propriété intellectuelle n'est cédé lors de la vente.

Article 11 – Responsabilité

Le vendeur ne pourra être tenu responsable :

d'une mauvaise utilisation des presets ;
d'une incompatibilité avec une version ancienne de Lightroom ;
d'un rendu différent de celui présenté sur les exemples.

Le client est seul responsable des retouches réalisées à partir des presets achetés.

Article 12 – Protection des données

Les informations recueillies lors de la commande sont utilisées uniquement pour assurer le traitement des achats et le service client.

Elles ne sont jamais revendues à des tiers.

Article 13 – Droit applicable

Les présentes CGV sont régies par le droit français.

En cas de litige, les parties rechercheront une solution amiable avant toute action judiciaire.

À défaut d'accord, les tribunaux français seront seuls compétents.