SAS DAVID DUCHENS PHOTOGRAPHIE
Simplified corporation with a capital of 2,000 euros
Headquarters: 16 Rue de Lourmel, 75015 PARIS,
827 900 093 R.C.S. PARIS

 

TERMS AND CONDITIONS OF SALE AND USE

 

Date de mise à jour : 16 mai 2020

 

These terms and conditions of use and sale ('General Terms') apply to all Orders placed by a Customer on the Website as well as all visits made by an Internet user to the Site Internet.

Any Order by a Customer on the Website and any visit by an Internet user on the Website involve full, full and unreserved adherence to the Terms and Conditions.

1.    Definitions

For the purposes of the General Terms, the following words beginning with a capital letter will have the meaning assigned to them below, these definitions applying indifferently, plural or singular unless expressly stated otherwise. General Terms:

"Blog" has the meaning defined in Article 5.3 of the General Terms.

"Customer" refers to any natural person who orders one or more Benefits from the Company and/or any individual or legal person who purchases one or more tutorials or one or more Photographs from the Company.

"CNIL" refers to the National Commission on Computer Science and Freedoms.

"General Terms" has the meaning defined in the first paragraph of this document.

"Order" means, depending on the case, the order of one or more Benefits or the purchase of one or more tutorials or one or more Photographs.

"Customer Account" has the meaning defined in Article 5.2 of the General Terms.

"Course" or "Benefit" refers to outdoor photography courses covered by Section 6.1 of the General Terms, the online courses on Adobe Photoshop software covered by Article 6.2 of the General Terms, and Workshops.

"Contact Form" has the meaning defined in Article 3 of the General Terms.

"Internet user" refers to a person who visits the Website, whether or not it is a Customer.

"Party" individually refers to the Company or the Customer.

"Parties" jointly refers to the Company and the Customer.

"Photography" refers to a photograph for sale by the Company.

"Website" has the meaning defined in Article 2 of the General Terms.

"Company" refers to the simplified stake company SAS DAVID DUCHENS PHOTOGRAPHIE, headquartered at 16 rue de Lourmel, 75015 PARIS, and registered in the PARIS Trade and Corporate Register under the number 827900093.

"Tutorial" refers to a video for learning, the duration of which is directly mentioned on the Website, and which should allow to apprehend the basic functions of photographic equipment or software in the field of photography.

"Workshop" has the meaning defined in Article 6.3 of the General Terms.

 

2. Field of application

The Company has developed the website accessible at https://www.duchensphotographie.fr. (the "Website") which allows Customers to order Benefits or purchase Photographs in the following detailed terms and conditions.

The Society is not a training organization within the meaning of existing regulations, as the Courses are only provided for recreational activities for photography enthusiasts.

The Company provides the Customer with all the pre-contract information necessary to formulate a free and informed consent prior to any order, including on the pages of the Website relating to the description of Benefits, tutorials and photographs, at the FAQ question fair, legal mentions and general terms.

Furthermore, in the context of written and oral exchanges between the Parties, the Client agrees that the exchanges that preceded the conclusion of these Orders were conducted in good faith. The Customer acknowledges that, prior to the conclusion of any Order, the Client has obtained all necessary and useful information to enable it to engage with full knowledge of the facts and to have communicated any information that may determine its and that the Company could legitimately ignore.

Any Order implies the full and unqualified adherence of the General Terms which prevail over all other conditions or documents of any kind, unless expressly stated otherwise made or accepted by the Company on such documents.

The fact that the Company does not avail itself at any given time of any of the stipulations of the General Terms cannot be construed as a waiver to avail itself at a later date of any of those stipulations.

The amended Terms and Conditions come into effect as of when they are posted on the Site. The Company reserves the right to change the Terms and Conditions at any time without notice, as the General Terms applicable to an Order will be those in effect on the day the Client hands over the Order.

The Customer is therefore invited to consult them during any Order.

 

3. Introducing the Website

The Website offers Internet users the opportunity to view the photography work done by Mr. David Duchens as a photographer and to order Benefits or to buy tutorials or photographs.

Through his experience, Mr. David Duchens has developed methods of transmitting know-how in the field of photography. In addition, he has technical knowledge about Adobe Photoshop software that he makes available to clients in individual and remote courses.

The Website allows Internet users to order Benefits directly online or to purchase Photographs or tutorials, the latter being downloadable.

All Benefits are described in detail on the Website and additional information is available either on the website's designated "FAQ" page or using the "Contact" form available on the Website Website (the "Contact Form").

Benefits are not intended to be aimed at photography professionals but for photography enthusiasts who want to learn how to take control of their photographic equipment and its primary functions or to discover a set of Adobe Photoshopsoftware features.

The courses may only be taught to adults or, if they are minors, subject to participation, also paid, in the Course of a duly authorized major escort.

 

4. Pre-contract information

The Customer acknowledges that, prior to any Order on the Website, the Customer has had knowledge, in a readable and understandable manner, of the General Terms and all the information necessary for his free and informed consent, including :

  • Prices for Benefits, Tutorials and Photographs, and the total amount of his Order;
  • The date on which (or the time frame) the Company undertakes to carry out the Benefit or to issue the tutorial or Photography;
  • How to execute the Order;
  • information about the Company's identity, postal, telephone and electronic contact information, and operations;
  • Payment terms
  • Site features, Customer Account and cancellation terms
  • The possibility of conventional mediation in the event of a dispute;
  • information on the absence of a right of withdrawal, the cancellation of The Benefits Orders, and other important contractual conditions.

Using the Website, the Customer also accepts:

  • use the Website for exclusively personal use and not to cede the Order to a third party;
  • Not allowing third parties to use the Customer Account
  • Not to transfer or transfer the Customer Account to any other individual or legal person;
  • not to use the website for illegal purposes;
  • not to compromise the proper functioning of the internet network;
  • Don't disturb the website in any way;
  • comply with all applicable legislation in France and the country where it is when it uses the website.

 

5. Website Features

5.1 Access to the Website

The Website offers Internet users the opportunity to place orders.

Access to the Website is free and free to any Internet user with internet access. The Company reserves the right to close the Website, partially or in full, for a temporary or permanent period, without notice or compensation.

The Company also reserves the right to modify or remove one or more features of the Website, as well as the Benefits, Photographs or Tutorials available to order, with the understanding that Orders paid by the Customer will be unless there is force majeure, termination or resolution.

All costs related to access, be it hardware, software or internet access costs are exclusively the responsibility of the Internet user. The latter is solely responsible for the proper operation of its computer equipment as well as its access to the internet.

5.2 Customer Account

On the occasion of an Order, any Internet user can request directly on the Website the opening of a personal account (the "Customer Account") by providing the following information: name, first name, and email address.

The Customer Account provides a statement of orders placed by the Customer or in progress, as well as the customer's billing details.

On the day of the opening of the Customer Account, the Internet user has an identifier and password, which are confidential and should not be communicated to third parties. The Internet user alone ensures its confidentiality and will, in all circumstances, be solely responsible for their use.

In the event of a loss, the Internet user may request that a new password be generated.

In the event of a proven or alleged theft or fraudulent use of its username and/or password, the Internet user is required to notify the Company by email at info@duchensphotographie.fr.

5.3 Blog

The Website includes a blog (the "Blog"), which is a place of exhibition and exchange with Internet users, dedicated to topics related to the photographic material used, techniques that allow Mr. David Duchens to create images , or more generalist subjects in the field of photography.

Internet users can interact with Mr. David Duchens through comments that are published on the Blog and accessible to all Internet users.

Internet users do not publish information in violation of a legal or regulatory provision in force or that could mislead an Internet user.

The Company remains the sole decision-maker of the total or partial publication, the deletion or refusal to broadcast comments proposed for broadcast by Internet users. It plays a moderator role and, as such, without justification, may have access to the comments broadcast.

 

6. Benefits

6.1 Outdoor Photography Course

6.1.1 Content

The Company offers the following outdoor photography courses:

  • "Technical" photo course;
  • "composition" photo course;
  • architectural photography course;
  • "Night" photo class;
  • Private photo lessons;
  • Cours week-end photo ;
  • "photo-walk" class.

The Customer can consult the details of the course prior to any ordering directly on the Website and, if necessary, request additional information using the Contact Form or by phoning the Company at the number listed on the website.

The date of the course is set according to the terms and conditions of Article 7 of the General Terms.

It is specified, as needed, that the course does not constitute a "tourist package" within the meaning of Article L211-2 of the Tourism Code and does not include the provision of food or beverages, or transport or accommodation services.

6.1.2 Materials

The Client is required to bring the photographic material necessary to carry out the course. It must be a digital camera (or, if necessary, film) whose modes of shooting should not only be automatic, the course should allow the Customer to have information relating in particular to settings and functionality of his camera.

Any Customer who does not have a camera described above will have to report it on the day of the order to the Company. The latter may, at its discretion, make a camera, which remains its property, available to the Client for the purposes of the course. In such a case, the Client will be required, on the day of the course, to provide the Company with a completed and signed form of the provision of photographic material as well as a photocopy of his iD.

For the "photo-walk" course, the Client must carry, on the day of the course, a walking and protection equipment against rain, as well as valid transport tickets in Paris intramural, these equipment and transport tickets remain at the customer's expense.

6.1.3 Location

The location of the course, located in Paris, is communicated precisely by the Company to the Client no later than 48 hours before the day of the course. Any change of venue due in particular to adverse weather circumstances, safety requirements or any other circumstances that may affect the course may occur under the conditions referred to in Article 7 of the Terms and conditions.

6.2 Online course on Adobe Photoshop software

6.2.1 Content

The Company offers distance courses on Adobe Photoshop software, including:

  • introductory;
  • Refresher;
  • black-and-white architecture;
  • photomontage techniques;
  • La couleur ;
  • Retouche portrait ;
  • Effets créatifs ;
  • cours à la carte selon besoins définis au préalable;
  • Workshop en ligne.

Le cours en ligne est réalisé à distance en utilisant le logiciel Skype ou Zoom, qui permettent aux Clients de passer des appels téléphoniques ou vidéo via internet, ainsi que le partage d’écran.

The Customer can consult the details of the course prior to any ordering directly on the Website and, if necessary, request additional information using the Contact Form or by phoning the Company at the number listed on the website.

The date of the course is set according to the terms and conditions of Article 7 of the General Terms.

6.2.2 Materiels

The Customer must have a computer on which Adobe Photoshop software is installed, the version of which cannot be predate the CS6 version. For any software-related questions, the Customer can request clarification by using the Contact Form or by phoning the Company at the number listed on the website.

The Customer must ensure that the internet connection available to him is sufficient to allow for smooth communication and screen sharing. In the event of a communication incident (no fluid connection or interruption during the Benefit), the Parties will agree together on a date, which cannot be more than 6 months from the date of that incident, to complete the This is especially due to the time elapsed during the first connection. In the absence of customer agreement on this date, the Benefit will not be made or cancelled, the price of the corresponding Order remains acquired from the Company.

Le cours en ligne sur le logiciel Adobe Photoshop ne comprend pas la mise à disposition des logiciels Adobe Photoshop , Skype , et Zoom, du matériel informatique, de l’accès à internet et de tout matériel jugé nécessaire à la réalisation du cours en ligne.

6.3 Workshops

6.3.1 Content

The Company offers photographycourses (photo workshops) that are given indoor with an overhead projector or a large television screen and, if necessary, partly outdoors ("Workshops").

The themes of the Workshops, which include black-and-white architecture, are available on the Workshops Website page.

The Customer can consult the details of the course prior to any ordering directly on the Website and, if necessary, request additional information using the Contact Form or by phoning the Company at the number listed on the website.

The date of the course is set according to the terms and conditions of Article 7 of the General Terms.

6.3.2 Materials

The Client is required to bring, on the day of the course, a computer on which will be installed the Adobe Photoshop software, the version of which cannot be predated to the CS6 version. For any software-related questions, the Customer can request clarification by using the Contact Form or by phoning the Company at the number listed on the website.

6.3.3 Location

Le lieu du cours, situé à Paris intra-muros, et dans d’autres villes, est communiqué avec précision par la Société au Client au plus tard 48 heures avant le jour de la réalisation dudit cours. Tout changement de lieu en raison notamment d’impératifs de sécurité ou de toutes autres circonstances qui sont susceptibles d’impacter le cours, pourra intervenir dans les conditions mentionnées à l’article 7 des Conditions Générales.

 

7. Benefits Calendar

The Customer has on the website, before the order is placed, a calendar containing all the dates of the courses available. The Customer selects a date and schedule directly on the Website at the time of the Order.

With exception to the above:

  • les dates du cours Adobe Photoshop à la carte, du cours de photographie en extérieur particulier, du cours de photographie en extérieur + balade, du cours week-end photo, du cours particulier architecture en noir & blanc, du cours particulier Photoshop initiation et perfectionnement, du workshop à la carte, sont à définir entre la Société et le Client en utilisant le Formulaire Contact ou en téléphonant à la Société au numéro indiqué sur le Site Internet ;
  • Les cours sans date de réservation sur le calendrier doivent être effectués dans un délai de 12 mois à compter de la passation de la Commande. A défaut, l’intégralité du prix de ladite Commande sera acquise à la Société nonobstant l’absence de tenue du cours.

 

8. Tutorial sales

The Company can offer tutorials for sale.

Ordering a tutorial is carried out directly on the Website by the Customer who can download the video to his computer equipment. Any tutorial order placed by the Customer cannot be cancelled by the Customer.

The tutorial can be downloaded for up to 12 months from its Order.

The tutorial is acquired by the Customer only for personal use and cannot be disseminated by any means either on any medium for commercial or non-commercial purposes.

The Company cannot be held responsible for any damage caused to the Customer's computer equipment, in particular because of the link to view the video or its download.

 

9. Photography Sale

The Company offers Photographs for sale, with no limited edition.

Photographs in different formats and on different media may be offered by the Society.

The acquisition of a Photograph is carried out directly on the Website by the Client. Any Photography Order placed by the Customer cannot be cancelled by the Customer.

After receipt, by the Company, of the payment of the corresponding Order, the Photographs are delivered to the Customer, to an address necessarily in metropolitan France, for a cost of packaging and transport indicated on the website, in addition to TTC Price for Photographs, within a time frame that depends on the volume and exact purpose of the Order.

 

10. Price

Benefits are provided and tutorials and photographs are sold at the current prices on the Website at the time of the Order.

All prices are expressed in Euros and all taxes included.

These prices take into account any reductions that would be granted under the conditions specified on the Site.

In addition to the cost of packing and transporting photographs.

11. Payment

The order price is payable in full and in a single payment at the time of the Customer's placing of the Order on the Website, with the purchase order that is then automatically generated being sent to the Customer by email.

The payment is made, at the customer's choice:

  • by bank transfer (the Company's bank details are indicated at the time of the order);
  • PayPal;

Payments made by the Client are considered final only after the Company has effective and irrevocable receipt of the sums owed.

Confirmation of the settlement and invoice are later emailed to the Customer.

The Company reserves the right, in the event of non-compliance with the terms of payment, to suspend or cancel the provision of the Benefits or the sale of the Tutorials and Photographs, without prejudice to any action to assert its rights.

12. Cancellation of a Course

The Company reserves the right to cancel the Courts in the following cases:

  • for outdoor photography classes: number of participants less than 2 (except private lessons) or inappropriate weather conditions;
  • pour les Workshops : nombre de participants inférieur à 3 (sauf cours particulier architecture noir & blanc, initiation et perfectionnement, workshop à la carte, et workshop en ligne) ; le nombre minimum de participants pour les workshops en régions est fixé à 4. Le nombre minimum de participants pour les workshops en ligne est fixé à 2.
  • for all courses: cases of force majeure.

In the event of a cancellation of a course due to the Company, the Company may propose a new date to the Client for the completion of the course. In the absence of agreement between the Parties on this new date within 6 months of the original date for the completion of the Course, the Company undertakes to reimburse all the sums collected under the Order made by the Customer, without no costs, interest, compensation or any other amount is owed by the Company.

In the event of cancellation of the Customer Course Order more than 10 days before the scheduled date for the course, for any reason:

  • The Client may, unless the cancelled Course is a Workshop, choose, in conjunction with its cancellation, another date for the said Course on the basis and subject to availability, without the new date being more than 6 months later than the date. originally planned;
  • failing that (and in all cases as a Workshop), a fixed, lump sum and final sum equal to 10% of the total price of the corresponding Order will be acquired from the Company, as damages in compensation for the damage suffered by the latter as a result of this cancellation.

In the event of cancellation of the Customer's Course Order less than 10 days but more than 2 days before the date scheduled for the completion of the Course, for whatever reason, a fixed, lump sum and final sum corresponding to 50% of the amount to the price of the corresponding Order will be acquired from the Company as damages in compensation for the damage suffered by the Company as a result of this cancellation.

In the event of cancellation of the Customer's Course Order less than 2 days before the date scheduled for the completion of the Course, for whatever reason, a fixed, lump sum and final sum corresponding to 100% of the total amount of the com price the Company will be acquired as damages for the damage suffered by the Company as a result of this cancellation.

 

13. Exclusion of the right of withdrawal

In accordance with applicable regulations, the Client cannot have a right of withdrawal from leisure activities that must be provided on a specified date or period.

 

14. Intellectual property

In accordance with current regulations and unless expressly stated otherwise, the Company is the sole holder of the intellectual property rights relating to tutorials and photographs, as well as, without limiting, logos, images, texts, graphic charts, illustrations, animated sequences, sound elements used in the context of the realization of the Benefits.

Any reproduction, adaptation or full or partial representation of the Website, any tutorial or photograph, or any of the other objects or elements mentioned above, by any means, on any medium and for commercial or any other purpose, is illegal and constitutes a counterfeiting offence punishable by criminal sanctions.

 

15. Personal data management

15.1 Scope

As part of the use of the Website, the Internet user is required to transmit personal data. The Company is committed to a transparent data management policy and to providing all the information necessary to enable them to understand the management of this data. It is committed to complying with all applicable regulations for the collection and processing of personal data. It will also use all reasonable means to ensure the security of the data transmitted.

15.2 Nature of data collected and excluded

The Company is intended to collect personal data when requesting registration on the Website newsletter or on the day of the order or when requesting assistance or information made with the Contact Form .

The Company's purpose is to keep the following personal data:

  • Contact information, name, first name, email address;
  • Billing address and customer banking details;
  • Status of Past or Current Orders
  • information exchanged on the Contact Form or on the Blog.

It is not intended to list images, photographs or videos from Internet users.

15.3 How to keep data

All personal data is retained by the Company as the publisher of the Website, which, represented by its president, Mr. David Duchens, is responsible for their processing.

Personal data collected by the Company in connection with the placing of orders or the use of the Customer Account is kept for the time required to manage the corresponding orders and rights, the management of the Customer Account and commercial exploration, as well as during conservation periods that are imposed by law or that correspond to applicable requirements.

In the case of commercial exploration exclusively, personal data may be retained for up to 3 years from the end of the commercial relationship.

The Company filed a statement to the CNIL under the number 2059078 v 0 for all personal data collected and processed as part of the use of the Website.

All personal data is retained by the Company, which ensures its confidentiality, and will not be transferred to a third party.

However, your personal data may be processed by company providers as part of the execution of the Orders.

15.4 Right of access to data

The Company undertakes to notify the Internet user and/or customer of changes to the privacy policy.

In accordance with the General Data Protection Regulation and the Computer and Freedoms Act of 6 January 1978, the Internet user has at all times the right to access, correct, and oppose all personal data concerns him. He can exercise this right by applying:

  • Using the Contact Form
  • Sending an email to info@duchensphotographie.fr address
  • or by sending a letter to:

David Duchens
SAS DAVID DUCHENS PHOTOGRAPHIE
16 Lourmel Street
75015 Paris.

 

16. Guarantees and Responsibilities

The Company is committed to implementing all reasonable means to provide Quality Benefits and in accordance with their descriptions in terms of duration and terms. The client's level of knowledge and personal needs will be taken into account during outdoor and online course sessions.

The Company cannot be bound by an obligation of result at the end of the Courts on the understanding that the level of knowledge and skills of the Client impact the outcome of the Benefit.

It is committed to making every reasonable effort to ensure that the Website is accessible continuously except in the event of a breakdown, maintenance, force majeure or computer error. The Website and all of its content are provided in the state, use and purchase taking place at the customer's peril.

The Company does not guarantee:

  • Continuous, fast and secure operation of the Website;
  • The compatibility of the Website or tutorials with the devices used by the Customer and the Customer's operating system;
  • the absence of malfunction for online courses and the purchase of tutorials which would be due in particular to an interruption, an error of the Website and especially in case of use not in accordance with the General Conditions.

The Customer remains responsible for its hardware and software throughout the Benefits.
The Company will not be able to see its liability in case of material damage.

 

17. Outsourcing - Third

The Company may have all or part of the Benefits performed by any subcontractor or other third party of its choice.

 

18. Major Force

None of the Parties will be held responsible and will not be considered to have breached their obligations once they have been prevented from fulfilling all or part of these obligations due to a case of force majeure, i.e. an unpredictable event, irresistible and external. However, where a Party takes advantage of such circumstances, it must inform the other Party as soon as possible, do its best to limit the consequences of such a case and resume the execution of these circumstances as soon as those circumstances have ceased. The obligations on the Party availing itself of such circumstances will, if necessary, be extended for at least as long as these circumstances remain. No penalty or compensation of any kind can be claimed for any delay caused by such circumstances.

 

19. Insurance

The Company undertakes to take out and maintain insurance covering, under customary conditions in this regard, all its activities, with a notoriously solvent insurance company established in France.

 

20th Cookies

The Internet user acknowledges that it is advised that the Company may have to set up cookies to identify the latter during the duration of its connection to the Website. These cookies remain active until the user has left the session. The Internet user can object to the use of these cookies without limiting his possibilities of access to the Website, by setting up his browser appropriately:
Google Chrome
Firefox Mozilla
Microsoft Edge
Safari
opera

He can also get the necessary information on the CNILwebsite.

 

21. Partial nullity

If one or more stipulations of these terms and conditions of sale are deemed unwritten or declared as such under a law, regulation or a final decision by a competent court, the other stipulations will retain all their strength and reach.

 

22. Applicable law

The Terms and Conditions and any Order are subject to French law.

 

23. Dispute resolution

All disputes concerning both the validity, interpretation and enforcement of the General Terms and any Order, are subject to French law, will be submitted to the competent courts under the conditions of common law.

 

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