Terms and Conditions (T&Cs)

Purpose and Scope

These Terms and Conditions (T&Cs) define the rights and obligations between Captation Productionand its clients for photography, videography, and graphic design services.

They are governed by Articles L.111-1 and following of the French Consumer Code and by the French Intellectual Property Code (Articles L.121-1 and following).

Placing an order implies the client’s full and unconditional acceptance of these T&Cs.

 

Booking and Payment

    •    Booking Confirmation:

The booking becomes effective upon receipt of:

    •    The signed quote with the mention “Approved.”

    •    A deposit of 50% of the total service amount.

    •    Final Payment:

The balance is due no later than the day of the service (Article L.131-1 of the French Commercial Code).

 

Non-payment:

    •    In case of non-payment, files (photos, videos, flyers, logos, etc.) will not be delivered until full payment is received.

    •    Late payment penalties of 10% per month will apply, in accordance with Article L.441-10 of the French Commercial Code.

 

Payment Methods:

Payments can be made via bank transfer or any other method specified on the quote.

 

Travel Expenses

    •    Travel costs are included within a 30 km radius of Pernes-les-Fontaines (84210).

    •    Beyond this radius, additional fees of €0.50/km round trip will apply.

    •    Toll, accommodation, or meal expenses necessary for the service will also be invoiced with receipts.

 

Delays, Cancellation, and Unforeseen Circumstances

    •    Client Delays:

Delays exceeding 30 minutes will result in the cancellation of the service without a refund of the deposit. Rescheduling may be considered with additional fees.

    •    Client Cancellation:

    •    Less than 30 days before the service: The deposit is non-refundable.

    •    Less than 15 days before the service: 100% of the service fee is due.

    •    Cancellation by Captation Production:

In cases of force majeure (Article 1218 of the French Civil Code), rescheduling or a full deposit refund will be offered.

 

Artistic Style and Satisfaction

The client acknowledges awareness of Captation Production’s artistic style, as showcased on the website and social media.

    •    Post-delivery modification requests must be approved by Captation Production and may be subject to an additional quote.

    •    No specific artistic result can be guaranteed, as the style is a subjective creative work.

 

Intellectual Property and Use of Creations

In accordance with the French Intellectual Property Code:

    •    Captation Production retains full copyright over photos, videos, and graphic designs unless otherwise stated in the contract.

    •    Clients are prohibited from:

    •    Altering, cropping, or removing logos or credits on the creations.

    •    Using creations for commercial purposes not outlined in the contract without prior written consent.

    •    Raw Files:

    •    RAW or unfinished files will never be provided unless explicitly agreed upon in the contract. Requests for raw files will incur additional charges.

    •    Publication:

Any publication on social media or other platforms must credit Captation Production. Non-compliance will result in a €500 fine per infringement.

 

Image Rights and Distribution

    •    Captation Production respects the image rights of individuals photographed (Article 9 of the French Civil Code).

    •    By default, the client authorizes the use of creations for promotional purposes (website, portfolio, social media).

    •    Any opposition must be communicated in writing before the service.

 

File Delivery

    •    Finalized files are delivered digitally via a secure link, valid for 7 days. After this period, clients must request reactivation.

    •    Delivery Times:

    •    Standard: 4 to 8 weeks, depending on the complexity of the service.

    •    Exceptional delays will be communicated to the client.

    •    In case of loss or technical issues during file transfer, Captation Production will provide a new copy free of charge, subject to file availability.

 

File Retention

    •    Finalized files are retained for 6 months after delivery.

    •    Raw files are retained for 1 month, then deleted.

    •    Clients are responsible for backing up delivered files on multiple devices.

 

Withdrawal

    •    In accordance with Article L.221-18 of the French Consumer Code, clients have a 14-day withdrawal period after signing the contract, except:

    •    If the service is fully performed before the end of this period.

    •    If the client requests immediate service commencement, waiving their withdrawal rights.

    •    A valid withdrawal results in a deposit refund, subject to the exceptions mentioned above.

 

Liability and Insurance

    •    Captation Production is not liable for accidents, theft, or damage occurring during the service unless due to proven negligence.

    •    Clients are responsible for damages caused by themselves, their children, or their guests to equipment or facilities (Articles 1240 and 1241 of the French Civil Code).

 

Complaints and Disputes

    •    Complaints must be sent by registered mail within 7 days of receiving final files.

    •    Failing an amicable resolution, disputes will be submitted to the competent courts of Captation Production’s residence.

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Force Majeure and Responsibilities

In cases of force majeure (strikes, pandemics, natural disasters, etc.), the obligations of both parties are suspended. Captation Production commits to:

• Informing the client as soon as possible.

• Offering an equitable solution: rescheduling or partial/full refund, depending on the service's progress.

Captation Production cannot be held liable for consequences due to force majeure. No additional compensation can be claimed in the event of final cancellation.

 

Personal Data Protection

Collected data is strictly confidential and used solely for administrative purposes (Article 6 of the GDPR).

It will not be sold or shared without prior consent.