Terms and conditions of sale
This is an English translation provided for convenience. In the event of any discrepancy, the French version shall prevail.
These terms and conditions of sale constitute a legal agreement and apply to all orders and sales of services and products concluded between the Client and Mr. Stéphane Rochon, hereinafter referred to as “the Photographer”: SIRET 451 366 322 00019, APE code 7420Z, business registered under number J00025134115 with INSEE (SIRENE directory).
The Photographer reserves the right to modify these terms at any time. Each order is governed by the terms and conditions in force on the date of the order.
Article 1: Purpose
The Photographer offers private and professional photography services, as presented on the website www.subphoto.com.
Booking a session constitutes an order by the Client and implies unreserved acceptance of these terms, unless special conditions have been agreed in writing by the Photographer.
Any document other than these terms, including catalogs, brochures, advertisements or leaflets, is for information purposes only and is not contractually binding.
These terms form an indivisible contractual whole with the service agreement signed by the Client.
Article 2: Orders
Photography services are booked exclusively by email or by phone, using the contact details listed on the Contact page.
An order is accepted upon receipt of the deposit and must be confirmed by an agreement signed by the Client, setting out the practical details (date, location, etc.). This agreement may be signed online or signed and returned to the Photographer by email.
If the deposit and the signed agreement are not received within 7 days of the Photographer sending the agreement, the Photographer is not obliged to hold the date.
Article 3: Prices and payment
Prices are stated in euros, VAT not applicable (Article 293 B of the French General Tax Code), and correspond to the rates in force on the date of the order. A service already booked keeps the price applied at the time of the order, even if rates change afterward.
Travel or accommodation costs may apply; if so, they are included in the quote. Quotes issued by the Photographer are valid for 30 days.
A deposit (in French law, arrhes) of 20% of the total amount is required to confirm a photo session order. It can be paid by bank transfer or online payment (Visa, Mastercard, American Express or PayPal).
For professional underwater photography training, the full amount is due when ordering. It can be paid by bank transfer or online payment (Visa, Mastercard, American Express or PayPal).
The balance of any service is paid by the Client two (2) days after delivery of the contact sheets and, in any case, before delivery of the final images, by bank transfer or online payment (Visa, Mastercard, American Express or PayPal), or in cash on the day of the service.
Failure to pay the balance results in cancellation of the delivery of the photos or the training, with no refund of the deposit paid. Final photos are delivered only once the order has been paid in full.
Article 4: Changes, withdrawal and cancellation
Any request to change a service must be sent to the Photographer by email at least 7 days before the scheduled date.
In accordance with applicable law, the Client has a 14-day withdrawal period from the date the order is concluded. Any withdrawal within this period entitles the Client to a refund of the deposit, unless the service has already been performed, in whole or in part, at the Client’s express request.
If the Client cancels a booking that has become final, the deposit is not refunded, except in cases of force majeure.
Article 5: Performance of the service
The photographs and photographic media are produced by the Photographer or, in the event of a major impediment, by another photographer appointed in agreement with the Client.
The Photographer is not bound by an obligation of result. The Photographer makes every effort to provide quality images and photographic media in accordance with the order. The content of these images is a matter of the Photographer’s artistic judgment.
Accordingly, the Client acknowledges that the photographs may not be rejected solely on the grounds of personal taste.
Article 6: Client’s obligations
The time set for the service is binding. Any delay on the Client’s part may be deducted from the agreed session time. If the Client is more than 30 minutes late, the Photographer may cancel the session, with no refund of the deposit.
The Client declares that they are of legal age, that they pose freely and, where applicable, that they authorize the photographing of their children in the photographic style they have chosen.
The Client ensures that the Photographer is not disturbed by amateur photographers during the service.
Children present during sessions remain under the full responsibility of their parents. Any material damage caused in the underwater studio by the Client, a child or any other person accompanying them must be reimbursed in full.
Article 7: Post-processing
The Photographer never delivers unedited photographs. Post-processing, like the shoot itself, is an integral part of the Photographer’s work, style and artistic vision. The Photographer alone decides on the post-processing applied.
Any additional retouching requested by the Client may be accepted or declined by the Photographer, who reserves the right to charge for it per image at the rates in force.
Only photographs processed by the Photographer may be used by either party.
Article 8: Delivery
The Photographer makes every effort to deliver the photos as quickly as possible, within one week to one month at most.
A delay in delivery may not be invoked by the Client to terminate the agreement, claim damages or make any other claim.
The selected and retouched photos are sent to the Client via a download link or a private password-protected gallery, in JPEG format. All other files remain the property of the Photographer and are not handed over to the Client under any circumstances.
Prints made by the Photographer are delivered no later than one month after delivery of the digital files.
For prints shipped outside the European Union (United Kingdom, Switzerland, Norway, etc.), any customs duties and import taxes are payable by the Client.
Article 9: File storage
Once delivered, the photographs are stored and archived under the Client’s sole responsibility. The Client is advised to back them up on several media.
The Photographer accepts no liability for the loss or deterioration of files delivered to the Client. However, they remain available for 6 months and can be sent again if needed.
Article 10: Liability
10.1 Adverse weather conditions
In the event of adverse weather conditions (thunderstorms, storms, heavy rain, etc.), the Photographer cannot be held liable for the non-performance or partial performance of services scheduled outdoors. No refund is given: the session is rescheduled to a later date.
10.2 Force majeure or illness
Force majeure means an external, unforeseeable event that makes it impossible to perform the service (an accident, the death of a loved one, etc.). Either party may invoke it once force majeure is established.
The Photographer reserves the right to cancel or postpone a service in the event of force majeure or illness, without incurring any liability or owing damages of any kind. The session is then rescheduled to a later date.
For a wedding involving underwater photography, the Photographer undertakes to do everything possible to help the clients find another available provider. All sums paid are then refunded in full, with no damages payable of any kind.
10.3 Technical problems and accidents
If a technical problem with the photographic equipment or an accident during the service prevents the Photographer from delivering the work requested, all sums paid are refunded in full, with no damages payable of any kind.
If the photos are lost or damaged before delivery (burglary, fire, etc.), the Client is entitled only to a refund of the service.
Article 11: Intellectual property
Photographs taken during a session are works protected by the French Intellectual Property Code (Articles L.111-1 et seq., and L.121-1 on the author’s moral rights).
Even after the digital files have been delivered, the photographs remain the intellectual property of the Photographer and are not royalty-free. Any commercial use of the images by the Client requires prior written agreement with the Photographer.
The Client has the right to print and reproduce the photographs for strictly private purposes, unless otherwise agreed in advance. Any distribution of a photograph, whatever its use (online publication, exhibition, etc.), must credit Stéphane Rochon.
When image licenses are purchased on the website, the following conditions apply:
Standard License
- Unlimited views on any digital medium (web, social media, email, mobile devices, etc.)
- Up to 500,000 print runs for press and advertising on physical media
- Use on products intended for sale is prohibited
- Non-exclusive
- Non-transferable to third parties
Extended License
- Unlimited views on any digital medium (web, social media, email, mobile devices, etc.)
- Unlimited print runs for press and advertising on physical media
- Creation of merchandise or products for sale or distribution whose main value lies in the image itself (mugs, T-shirts, etc.), provided they do not compete with the fine art prints sold by Subphoto
- Non-exclusive
- Non-transferable to third parties
Article 12: Image rights
The Photographer reserves the right to use the photographs taken to promote the business (website, social media, exhibitions, etc.). A Client who objects must say so when signing the agreement.
Even if the Client objects, they may not oppose the use of photos in which they cannot be recognized. Likewise, any photo the Client has published publicly (online, social media, etc.) may be used by the Photographer.
Article 13: Personal data
Personal information collected when an order is placed is used exclusively for client management, in particular for following up on bookings so that the service can be properly carried out. The Photographer undertakes not to disclose it to third parties. To learn more, see the privacy policy.
Article 14: Governing law and disputes
The contractual relationship governed by these terms is subject exclusively to French law.
In the event of a dispute, the Client should first contact the Photographer to seek an amicable solution.
Failing agreement, and in accordance with Articles L.612-1 et seq. of the French Consumer Code, a Client who is a consumer may refer the matter free of charge to the consumer mediator to which the Photographer belongs: Médiation Consommation Développement, Centre d’Affaires Stéphanois, Immeuble l’Horizon, Esplanade de France, 3 rue J. Constant Milleret, 42000 Saint-Étienne, France. The Client may contact the mediator online at www.medconsodev.eu or by mail, after first attempting to resolve the dispute directly with the Photographer through a written complaint.
Failing an amicable or mediated resolution, any dispute relating to the formation, performance or interpretation of these terms shall be submitted to the competent French courts.
The Client acknowledges having read these terms and conditions of sale.