Terms & Conditions

These Terms of Service (“Terms,” or the “Agreement”) is a legal Agreements, please read it carefully. By using our Service, using Content produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms.

LLM Studio Photo is a Service (the “Service”), that primarily produces product photography and related Content which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Content”). Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms. Our Website, which can be accessed at www.llmstudiophoto.com is referred to as the “Website.”

llmstudiophoto.com is owned and operated by LLM Studio Photo (94933482500013 – Lauriane Magnin “llmstudiophoto.com ,” “we,” or “us” ‘The photographer’). By using our Service, whether as an individual or as a representative of an entity that is using our Service, you’re a “Client” (or “you”) according to these Terms.

These Terms of Service, combined with our Privacy Policy govern the business relationship between you and llmstudiophoto.com. Should you have any questions or concerns about these terms, please feel free to contact us.

Eligibility

In order to use our Service, you must:

Be at least 18 years of age and be able to enter into legal contracts;
b. Submit a completed “Start your order” form;
c. Agree to these Terms Of Service, and;
d. Provide complete, true, and current, contact information.
Updates

We may update or make changes to these Terms by posting the revised Terms of Service on our Website. The revised Terms shall take effect and remain in full force immediately upon publication.

Communication

If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when starting your order. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain “llmstudiophoto.com” is added to a “whitelist” to help ensure delivery and that it is not rejected or deleted as junk or spam.

Pricing

Unless otherwise stated, sales prices are exclusive of tax (HT). A 20% VAT will be added to quotes and invoices (unless otherwise stated in the Individual Business status).

These prices are applicable at the time of acceptance of the quote. The Photographer reserves the right to modify its prices and services at any time, without notice or compensation. A modification, whether upward or downward, cannot, however, concern a quote already signed by the Customer.

Adjustment during service

During the service, any request from the Client leading to an increase in the mission compared to the validated quote (more visuals to produce, choice of more complex photos to produce, desire or need to split a service into several sub-services , need for additional photo retouching, etc.) will result in a corresponding adjustment of the cost of the service by the Photographer even in the absence of a quote.

Likewise, the Photographer may review the pricing of a service being performed in the event of a complication (technical complexity of execution greater than that anticipated in the project framework, insufficient planned completion time), if and only if these complications are attributable to a lack or underestimation of information on the part of the Client, and could have been anticipated with more complete and/or accurate information from the Client.

Production, briefing and the creative process

In the case of product photography services, the Photographer offers the Client quotes based on the time needed estimated by the Photographer to produce the works. The Photographer estimates the time required based on the elements sent to her by the Client.

It is in the interest of both the Photographer and the Client that the Client provides information as accurate and precise as possible on:

– the number of products;

– their nature (some products are more complex to photograph than others);

– the number of visuals desired;

– the type of photo (single product, assortment of products, staging, clipping).

Any variation between what was agreed and what is actually requested on the day of the service will be adjusted on the invoice.

Any dispute regarding the photographs delivered must be the subject of written and reasoned confirmation within 48 hours of delivery. Aesthetic and compositional criteria cannot be accepted as grounds for complaint and cannot justify the refusal of the work. In the event of the presence of the client or his representative during the shooting or continuous validation by electronic sending of the files, no reason for refusal can be accepted.

Likewise, the Customer is responsible for the condition of the products he delivers to the Photographer. The Photographer ensures that there is no dust or fingerprints on the products she photographs, and she can, if necessary, correct these imperfections in post-processing, as well as the presence of small occasional defects ( a scratch or a small impact mark for example). The Photographer also arranges to arrange the product in such a way as to obtain the best possible emphasis.

But the Photographer cannot be held responsible if the product arrives damaged and/or unsuitable for photography (shaky, poorly printed or dog-eared packaging, poorly glued or non-contractual labels, non-final containers and/or contents, abnormally creased textiles). , scratched products, etc.).

Unless explicitly stated, the product will be photographed as it is. If additional post-processing adjustments or a new photo session are planned, the Photographer will invoice the Client for a new, separate service.

Likewise, if it is necessary to plan a new session because products are missing, the Photographer will offer a new quote to the Client. Finally, photographs that the Photographer takes of unwanted products delivered in error by the Customer, unless clearly listed by the Customer, will still be invoiced.

The photographer cannot be held responsible for the objects entrusted to her for the duration of the photo shoot. It will be up to the customer to take out any necessary additional insurance.

Order and payment

Any order placed by the Client with the Photographer via a signed quote is firm and final, and entails their acceptance of the General Terms and Conditions. No order modification can be made except by mutual agreement agreed in writing (email).

Unless otherwise stated, the service concluded between the Client and the Photographer must be paid within 30 days following the final rendering of the work (photos, videos or website) in low resolution with watermark. The deposit is deducted from the total invoice amount. The Customer must then pay the remaining balance due to receive the images in high resolution and without watermark.

This 30-day period is a maximum period; the Client may pay the Photographer before the end of the period. Beyond the deadline, the Photographer may claim late payment penalties. According to the legislation, late payment penalties are 12% (doubled for reimbursement of expenses) plus a fixed compensation of €40 for recovery costs. (according to decree no. 2012-1115 of 2/10/2012). No discount will be granted in the event of early payment.

Additional photographs, that is to say those which were not provided for in the initial quote for the service, must be paid for at the time of their order by the Client, upon receipt of the new invoice issued by the Photographer. The Photographer will only process the order once payment has been received.

Reimbursements of expenses are subject to separate invoicing within eight days from the invoice date regardless of the time allowed for the remainder of the service. A deposit paid is never refundable and constitutes acceptance of the quote without reservation.

Non-payment of an invoice automatically results in the cancellation of the transfer of rights and therefore the impossibility of using the visual(s) concerned.

Payments are made by bank transfer.

Withdrawal and completion deadlines

In accordance with the Hamon Law 2014 (article L221-18 of the Consumer Code), the Customer has a withdrawal period of 14 days from the day of signing the quote, when it was “concluded remotely , following cold calling or outside the establishment. » The Photographer must then return the amounts paid within 14 days from the date she was informed of your decision to withdraw, by Registered Letter with Acknowledgment of Receipt.

The right of withdrawal does not apply to services fully executed before the end of the withdrawal period and whose execution began with the Customer’s agreement or at his express request. It also does not apply to photographic products, considered to be clearly personalised (Article L121-20-2 of the Consumer Code).

Unless there is agreement on a date for execution of the service specified in writing between the Client and the Photographer, the Photographer undertakes to carry out the service within 30 days after receipt of the signed quote and the agreed deposit received.

The Photographer reserves the right to extend this processing time by notifying the Client for clearly identified causes: period of overactivity, Photographer’s vacation, illness or accident, incidents due to the supplier(s).

Post-processing of digital files

The Photographer works exclusively with raw files, called “digital negatives”, which require post-processing time generally equivalent to the time spent on shooting (and sometimes even longer, in the case of specific montages, numerous clippings..etc). This phase, as crucial and specific to the Photographer’s style as the shooting itself, makes it possible to obtain the quality images that the Photographer offers to the Client. The Photographer provides the Client with digital files in JPEG format, never their RAW format. The files are kept for 1 year by the Photographer (except for disasters beyond their control: fire, theft, unusable hard drives, etc.), after which they may be destroyed.

Technical problem and/or accident

In the event of a technical problem with the photographic equipment or any accident during the service which prevents the Photographer from submitting the requested work, the entire amount paid will be refunded, without giving rise to the payment of damages for any reason. The Client may also accept the postponement of the session to a later date, in which case the amount paid will not be refunded. In the event of loss or deterioration of the photos before their delivery (burglary, fire or electrical damage), no longer allowing the complete performance of the service initially agreed, the customer will only be able to claim reimbursement of the service.

Force majeure and climatic conditions

Force majeure is considered to be an unforeseeable external event that makes the performance of the service impossible (accident, death, bad weather, illness, etc.). Either party may assert this right when force majeure is established. In this regard, the Photographer reserves the right to cancel a photographic service. Such cancellation will neither incur liability nor give rise to payment of damages for any reason whatsoever.

The Photographer or the Client undertakes to notify the other party as soon as possible by telephone, with written confirmation by email. By mutual agreement, a new date will be planned between the client and the Photographer, without any additional costs for identical services.

In the event of unfavourable weather conditions, the Photographer cannot be held responsible for the non-execution or partial execution of the services initially planned for the order when these shots must be taken outdoors or when access to the fixed location for the photo shoot would prove very difficult or impossible. Under no circumstances can the contract be revoked and no refund, even partial, will be made.

Modification and/or postponement

Any request for modification (date, location, postponement, etc.) by the Client must be made no later than 15 days before the scheduled date of the session, except in cases of force majeure. However, the postponement of the session must take place within 3 months following the date planned for the initial session, if the Photographer’s schedule allows it. In the event of postponement, the Photographer cannot therefore be held responsible for the failure to carry out certain particularities of the sessions (shooting setting, weather, season, etc.)

Intellectual property

The communication and use of photographs taken during a shooting are subject to the provisions of the Intellectual Property Code. Even after transfer of the digital files, the photographs remain the intellectual property of the Photographer and are therefore not free of rights. Commercial use by the Client of the images from their session is not authorised, and must be the subject of a new written agreement with the Photographer.

Each use not provided for in this contract must be the subject of a new assignment, it being understood that an assignment of any right is unlawful.

Any use of a photograph, whatever the purpose (competition, distribution, exhibition, reproduction, etc.) made without the written consent of the Photographer constitutes an offense of counterfeiting, within the meaning of article L 335 -2 of the Intellectual Property Code, and is punishable by penalties of up to 3 years of imprisonment and a fine of €300,000.

The rights assigned on a flat rate basis can only have a limited scope. Press and display advertising rights are assessed on the basis of the scale (published in the Official Journal) for commissioned advertising works. All uses on advertising or other objects are also excluded. No assignment can be implied, in case of doubt contact the author.

According to the legislation, it is up to the broadcaster to verify that he holds the broadcasting rights to the photographs he uses in a professional context. No photos may be altered in any way. The client undertakes to respect the integrity of the photographer’s works.

The Photographer does not provide (with some exceptions) any authorisation from the people photographed, the owners of the movable and immovable property or the authors of works presented in the photographs or their assignees and rights holders. It is up to the client, user of the photographs, to obtain these authorisations.

For any public use on social networks, the Client must cite the name of the Photographer (© LLM Studio) and ideally add a link to the site www.llmstudio.com.

Marketing and Promotional Materials.

By signing the quote for the service, the Client authorises the Photographer to use the images taken during her session for promotional purposes of her activity on different media (website, Facebook page, Instagram, advertisements, exhibitions, business cards, etc. .)

The Customer may object to or limit this distribution by specifying this in the quote.

Applicable law

All services carried out by the Photographer are subject to French law. The parties undertake, before any legal action, to submit their dispute to the mediator designated by the organisations representing professional photographers. For all disputes relating to the application of these General Terms and Conditions or the services provided by the Photographer, the competent commercial court (Bayonne) will be appealed to resolve the dispute.