General Terms and Conditions of Sale
These general terms and conditions of sale constitute a legal agreement and apply to all orders and all sales of services and products concluded between the client and the photographer EMMANUEL PIRÈS PHOTOGRAPHIE.
The photographer reserves the right to modify these general conditions at any time.
Each order is governed by the terms and conditions applicable on the date of the order.
Article 1 : Purpose
Emmanuel Pirès Photographie offers private and public photographic services as presented on its website: https://emmanuelpiresstudio.com.
Booking a session constitutes an order placed by the client and implies full and unconditional acceptance of these general terms and conditions of sale, except in cases of special conditions expressly agreed upon by the photographer and duly stated in the contract.
Any document other than these general terms and conditions, in particular catalogs, brochures, advertisements, or notices, is provided for informational and indicative purposes only and has no contractual value.
These general terms and conditions of sale form an indivisible contractual document together with the service contract signed by the client.
Article 2 : Order
The booking of a photographic service is made exclusively by email or telephone (according to the contact information provided on the photographer’s website) or through the client interface of the platform fotostudio.io.
Any order is accepted upon receipt of the deposit and must be validated by a contract signed by the client, including the practical information (date, location, etc...). This contract may be signed online via the fotostudio.io platform or returned to the photographer, duly signed, by email.
In the absence of payment of the deposit and receipt of the signed contract within 7 days following the date the photographer sent the contract, the photographer is not committed to reserving the date.
Article 3 : Prices and Terms of Payment
Prices are displayed inclusive of all taxes and are based on the rates applicable on the date of the order.
If prices change thereafter, any service previously agreed upon will remain subject to the rate applied at the time of booking.
Travel or accommodation fees may apply and will be specified in the quotation.
A deposit of 30% or 100% of the total amount will be required to validate an order. Payment may be made by bank transfer, check, or online payment.
The remaining balance must be paid by the client by bank transfer, check, online payment, or cash at least 7 days before the scheduled service.
Failure to pay the remaining balance will result in the cancellation of the photo delivery, without refund of the deposit received.
The final delivery of the photographs will only take place once the order has been fully paid.
Article 4 : Modification of the Service
Any request for modification of a service made by the client can only be considered if the request is sent by SMS or email to the photographer at least 7 days before the scheduled date of the service.
In accordance with the legal provisions in force, the client has a 14-working-day withdrawal period, starting from the day after the order is concluded. Any withdrawal request made within this time frame will result in a refund of the deposit, unless the service has already been performed in full or in part.
In the event of a cancellation of a confirmed booking, it is reminded that, in accordance with legal provisions, the deposit amount will not be refunded, except in cases of force majeure affecting the client.
Article 5 : Performance of the Service
The photographs are taken by Emmanuel Pirès Photographie or, in the event of a major impediment, by any other photographer designated in agreement with the client.
The photographer is not bound by an obligation of result. He will make every effort to provide high-quality images, as stipulated in the order. The content and artistic composition of these images are left to the photographer’s artistic discretion.
Consequently, clients acknowledge that the photographs cannot be rejected based on their personal taste or preferences.
Article 6 : Client Obligations
The time agreed upon for the service is strict, and any delay by the clients may be deducted from the time initially allocated for the session. After a 30-minute delay, the session will be canceled, and the deposit will not be refunded.
Clients declare that they are of legal age, pose freely for the photographs, and, where applicable, authorize photographs of their children to be taken in accordance with the chosen photographic style.
The photographer must not be disturbed or obstructed during the session by amateur photographers.
Children present during the photo sessions remain under the full responsibility of their parents. In the event of material damage caused by the client, a child, or any other person (or animal) present in the studio, such damage must be fully compensated by the client.
Article 7 : Post-Processing
The photographer never delivers raw photographs. Post-processing, just like the shooting itself, is an integral part of the photographer’s work, style, and artistic vision. The photographer alone decides the type of post-processing that will be applied.
Any additional retouching requested by the client may be accepted or refused by the photographer, who reserves the right to charge an additional fee per image according to the rates in effect.
Only the photographs processed and finalized by the photographer may be used by either party.
Article 8 : Delivery
Emmanuel Pirès Photographie makes every effort to ensure the delivery of photographs within the shortest possible timeframe (a maximum of 3 months after the client’s selection).
A delay in delivery or execution cannot be invoked by the client as grounds for terminating the contract, claiming damages, or asserting any other demand.
The selected and retouched photos are sent to the client via a download link or through a private, password-protected gallery. Sharing the gallery password is the client’s responsibility, particularly regarding the use and distribution of the photographs.
Delivery of digital files is made in JPEG format. All other files remain the property of the photographer and will under no circumstances be given to the client.
Article 9 : Retention Period
From the moment the photographs are delivered to the client, they are stored and archived under the client’s full responsibility. The client is strongly advised to create backups on multiple storage devices.
The photographer declines all responsibility in the event of loss or deterioration of the digital files delivered to the client. However, the files remain available for 3 months and may be resent if necessary.
Article 10 : Liability
10.1 Adverse Weather Conditions
In the event of adverse weather conditions — such as storms, heavy rain, or other similar events — the photographer cannot be held responsible for the non-performance or partial performance of outdoor services initially planned in the order.
No refund will be made; the session will be rescheduled to a later date.
10.2 Force Majeure or Illness
A force majeure event is defined as an external, unforeseeable event that makes it impossible to carry out the service (e.g., accident, death of a relative, etc...). Either party may invoke this clause when such circumstances are established.
EMMANUEL PIRÈS PHOTOGRAPHIE reserves the right to cancel or postpone a photographic session in the event of force majeure or illness.
Such cancellation shall not incur any liability or entitlement to damages of any kind. The session will be rescheduled to a later date.
In the case of a wedding, the photographer agrees to make every effort to help the clients find another available professional to perform the service.
All amounts paid will then be fully refunded, without giving rise to any claim for damages.
10.3 Technical Problems and Accidents
In the event of a technical failure with the photographic equipment or any accident occurring during the service that prevents the photographer from delivering the requested work, the entire amount paid will be refunded without, however, giving rise to any claim for damages.
In the event of loss or deterioration of photos before delivery (e.g., burglary, fire, etc...), the client may only claim a refund of the service fee.
Article 11 : Intellectual Property
Photographs taken during a session with the client are protected under the provisions of Articles L.121-1 and following of the French Intellectual Property Code and the Law of March 11, 1957 on Copyright.
Even after the transfer of digital files, the photographs remain the intellectual property of the photographer and are therefore not royalty-free. Any commercial use of the session images by the client is not authorized and must be subject to a new written agreement with the photographer.
Any personal use of a photograph, whatever its form or purpose (such as online publication, exhibition, etc...) must include a credit mentioning the name “Emmanuel Pirès Photographie.”
The client holds the right to print and reproduce the photos for private use only, unless prior written agreement has been obtained from the photographer.
Article 12 : Right to one’s image
The photographer reserves the right to use the photographs taken for the promotion of his professional activity (website, social networks, exhibitions, etc...). The client must indicate agreement or refusal at the time of signing the contract.
In the event of refusal, the client cannot oppose the use of photographs in which they are not identifiable. Likewise, any photo publicly shared (on the internet, social networks, etc.) by the client may be used by the photographer.
Article 13 : Personal data
The personal information collected when placing an order is used exclusively for client management purposes, in particular to ensure the follow-up of bookings and the proper execution of the ordered service.
The photographer undertakes not to disclose this information to any third party for any reason whatsoever.
Article 14 : Applicable law
The contractual relationship between the parties governed by these general terms and conditions is subject exclusively to French law.
Any dispute relating to the formation, execution, or interpretation of these general terms and conditions, as well as of any agreements to which they apply, shall, failing an amicable settlement, fall under the exclusive jurisdiction of the French courts, and more specifically the courts of La Roche-sur-Yon (85), France.
The client acknowledges having read and understood the above general terms and conditions of sale.
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Conditions last updated on: October 13, 2025