SAS DAVID DUCHENS PHOTOGRAPHIE
Société par actions simplifiée au capital de 2.000 €
Siège social : 38, rue Diderot, 08120 BOGNY-SUR-MEUSE,
827 900 093 R.C.S. SEDAN

TERMS AND CONDITIONS OF SALE AND USE

Update date: June 20, 2023

These general terms and conditions of use and sale (hereinafter the " General Terms and Conditions ") apply to all Orders placed by a Customer on the Web Site and to all visits made by an Internet User to the Web Site.

Any Order placed by a Customer on the Website and any visit by an Internet User to the Website implies full and unreserved acceptance of the General Terms and Conditions.

1. Definitions

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

" Blog " has the meaning defined in article 5.3 of the General Terms and Conditions.

" Customer " means any natural person who orders one or more Services from the Company and/or any natural person or legal entity who purchases one or more Tutorials or one or more Photographs from the Company.

" CNIL " refers to the Commission Nationale de l'Informatique et des Libertés.

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

" Order " means, as the case may be, the order of one or more Services 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 and Conditions.

" Course " or " Service " refers to the outdoor photography courses referred to in article 6.1 of the General Terms and Conditions, the online courses on Adobe Photoshop software referred to in article 6.2 of the General Terms and Conditions, and the Workshops.

" Contact Form " has the meaning defined in article 3 of the General Terms and Conditions.

" Internet user " refers to any person visiting the Website, whether or not that person is a Customer.

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

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

" Photograph " means a photograph offered for sale by the Company.

" Website " has the meaning defined in article 2 of the General Terms and Conditions.

" Company " refers to the SAS DAVID DUCHENS PHOTOGRAPHIE simplified joint stock company, whose registered office is located at 38, rue Diderot, 08120 Bogny-sur-Meuse, and registered with the SEDAN trade and companies register under number 827900093.

" Tutorial " means a video intended for learning purposes, the duration of which is mentioned directly on the Website, and which should enable the user to understand 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 and Conditions.

2. Scope of application

The Company has developed a website accessible at https://www.duchensphotographie.fr.(the " Website ") which enables Customers to order Services or purchase Photographs under the terms and conditions detailed below.

The Company is not a training organization within the meaning of current regulations, as the Courses are provided solely as part of leisure activities for photography enthusiasts.

The Company provides the Customer with all the pre-contractual information required to formulate a free and informed consent prior to placing an Order, in particular on the pages of the Website relating to the description of the Services, Tutorials and Photographs, the FAQ, the Legal Notice and the General Terms and Conditions.

Furthermore, in the case of Orders which have been the subject of written or oral exchanges between the Parties, the Customer agrees that the exchanges which preceded the conclusion of such Orders were conducted in good faith. The Customer acknowledges having obtained from the Company, prior to the conclusion of any Order, all necessary and useful information to enable him/her to commit himself/herself in full knowledge of the facts, and having communicated any information likely to determine his/her consent that the Company could legitimately be unaware of.

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

The fact that the Company does not avail itself at a given time of any of the stipulations of the General Terms and Conditions may not be interpreted as a waiver of the right to avail itself of any of the said stipulations at a later date.

The modified General Terms and Conditions come into force as soon as they are posted on the Site. The Company reserves the right to modify the General Terms and Conditions at any time and without prior notice, it being specified that the General Terms and Conditions applicable to an Order will be those in force on the day the Customer places the said Order.

The Customer is therefore invited to consult them when placing an Order.

3. Website presentation

The Website offers Internet users the possibility of viewing the photographic work carried out by Mr David Duchens in his capacity as photographer and of ordering Services or purchasing Tutorials or Photographs.

Through his experience, Mr. David Duchens has developed methods for transmitting know-how in the field of photography. He also has technical knowledge of Adobe Photoshop software, which he makes available to customers for individual and distance learning courses.

The Website allows Internet users to order Services directly online or to purchase Photographs or Tutorials, the latter being available for download.

All Services are described in detail on the Website, and further information is available either on the " FAQ " page of the Website or by using the "Contact" form on the Website (the "Contact Form"). Contact Form ").

The Services are not intended for professional photographers, but for photography enthusiasts wishing to learn how to use their photographic equipment and its primary functions, or to discover a range of functions in Adobe Photoshop software.

Courses may only be given to people of legal age or, if they are minors, subject to the participation, also subject to payment, in the Course of a duly authorized adult companion.

4. Pre-contractual information

Prior to placing any Order on the Web Site, the Customer acknowledges having read and understood the General Terms and Conditions and all the information required for his free and informed consent, and in particular :

the prices of the Services, Tutorials and Photographs, and the total amount of the Order;
the date by which (or the period within which) the Company undertakes to perform the Service or deliver the Tutorial or Photograph;
the terms and conditions of execution of the said Order;
information about the Company's identity, postal address, telephone number, e-mail address and business activities;
payment terms ;
Site functionalities, the Customer Account and cancellation procedures;
the possibility of resorting to conventional mediation in the event of a dispute ;
information concerning the absence of the right of withdrawal, the terms and conditions for cancelling Orders for Services, and other important contractual conditions.

By using the Website, the Customer accepts :

to use the Website exclusively for personal use and not to transfer the Order to a third party;
not to authorize third parties to use the Customer Account;
not to assign or transfer the Customer Account to any other person or entity;
not to use the Website for illegal purposes;
not to compromise the proper functioning of the Internet network;
not to disrupt the Website in any way;
to comply with all legislation applicable in France and in the country where he/she is located when using the Website.

5. Website features

5.1 Access to the Website

The Web Site offers Internet users the possibility of placing Orders.

Access to the Website is free to all Internet users with Internet access. The Company reserves the right to close the Website, in whole or in part, temporarily or permanently, without notice or compensation.

The Company also reserves the right to modify or delete one or more functionalities of the Website, as well as the Services, Photographs or Tutorials available for order, it being understood that Orders paid for by the Customer will be maintained except in cases of force majeure, termination or cancellation.

All costs relating to access, whether hardware, software or Internet access, are the sole responsibility of the Internet user. The latter is solely responsible for the proper functioning of his/her computer equipment and Internet access.

5.2 Customer account

When placing an Order, any Internet user may request the opening of a personal account (the " Customer Account ") by providing the following information: surname, first name and e-mail address.

The Customer Account gives access to the status of Orders placed or in progress by the Customer, as well as the Customer's invoicing details.

On the day the Customer Account is opened, the Internet user is given an identifier and a password, which are confidential and must not be communicated to third parties. The Internet user is solely responsible for their confidentiality and, under all circumstances, for their use.

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

In the event of theft or fraudulent use, known or suspected, of its login and/or password, the Internet user is required to notify the Company immediately by e-mail to info@duchensphotographie.fr.

5.3 Blog

The Website includes a blog (the " Blog "), which is a place of exposition and exchange with Internet users, dedicated to subjects relating to the photographic equipment used, the techniques that enable Mr. David Duchens to create images, or more general subjects in the field of photography.

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

Internet users shall refrain from publishing information in violation of any legal or regulatory provision in force or likely to mislead an Internet user.

The Company remains the sole decision-maker as to the total or partial publication, deletion or refusal to publish comments proposed for publication by Internet users. The Company acts as a moderator and may, without justification, have access to comments posted.

6. Services

6.1 Outdoor photography courses

6.1.1 Contents

The Company offers the following outdoor photography courses:

technical" photo course;
composition" photo course ;
architectural photography course ;
private photo lesson ;

The Customer may consult the details of the course prior to placing an Order directly on the Website and, if necessary, request further information by using the Contact Form or by telephoning the Company on the number indicated on the Website.

The date of the course is set in accordance with article 7 of the General Terms and Conditions.

It is specified, where necessary, that the course does not constitute a "tourist package" within the meaning of article L211-2 of the French Tourism Code, and that it does not include the supply of food or drink, or transport or accommodation services.

6.1.2 Hardware

The customer is required to bring the photographic equipment necessary for the course. The equipment must be a digital camera, with not only automatic shooting modes, and the course must provide the customer with information on camera settings and functions.

Any Customer who does not have a camera as described above must inform the Company at the time the Order is placed. The Company may, at its discretion, make a camera, which remains its property, available to the Customer for the purposes of the course. In such a case, the Customer will be required, on the day of the course, to provide the Company with a completed and signed form for the provision of photographic equipment, together with a photocopy of his/her identity card.

6.1.3 Location

The location of the course, either in Paris or Charleville-Mézières (08 Ardennes), is communicated precisely by the Company to the Customer at least 48 hours before the day of the course. Any change of location, notably due to unsuitable weather conditions, security imperatives or any other circumstances likely to affect the course, may be made under the conditions set out in article 7 of the General Terms and Conditions.

6.2 Adobe Photoshop online course

6.2.1 Contents

The company offers distance learning courses on Adobe Photoshop software, including :

initiation ;
Further training ;
black & white architecture ;
Color architecture;
selection and clipping ;
Color;
Portrait retouching ;
Portrait between photo and painting;
Creative effects ;
Sublimating nature;
Create a reflection;
Floral art;
A la carte courses according to pre-defined needs;
Interior photo;
Online workshop;

The online course is carried out remotely using Skype or Zoom software, which enables customers to make telephone or video calls via the Internet, as well as screen sharing.

The date of the course is set in accordance with article 7 of the General Terms and Conditions.

6.2.2 Hardware

The Customer must have a computer with Adobe Photoshop software installed, with a version no earlier than CS6. For any questions relating to the software, the Customer may request clarification by using the Contact Form or by telephoning the Company at the number indicated on the Website.

The Customer must ensure that his Internet connection is sufficient to allow fluid communication and screen sharing. In the event of a communication incident (absence of a fluid connection or interruption during the Event), the Parties will jointly agree on a date, which may not be more than 6 months after the date of the said incident, for completing the Event, with particular regard to the time elapsed during the first connection. If the Customer does not agree to this date, the Service will not be performed or will be cancelled, and the price of the corresponding Order will be retained by the Company.

The Adobe Photoshop online course does not include the provision of Adobe Photoshop, Skype , and Zoom software, computer hardware, internet access and any other material deemed necessary for the online course.

6.3 Workshops

6.3.1 Contents

The Company offers photography courses(photo workshops) in rooms equipped with an overhead projector or a large TV screen, and in some cases outdoors (" Workshops ").

Workshop themes, including black & white architecture, can be found on the Workshops page of the website.

The date of the course is set in accordance with article 7 of the General Terms and Conditions.

6.3.2 Hardware

On the day of the course, the Customer is required to bring a computer with Adobe Photoshop software installed, with a version no earlier than CS6. For any questions relating to the software, the Customer may request clarification using the Contact Form or by telephoning the Company on the number indicated on the Website.

6.3.3 Location

The precise location of the course, in Paris and other cities, is communicated by the Company to the Customer no later than 48 hours before the course is due to take place. Any change of location, notably due to security imperatives or any other circumstances likely to affect the course, may be made under the conditions set out in article 7 of the General Terms and Conditions.

7. Service schedule

Before placing an Order, the Customer is provided on the Web Site with a calendar of all available course dates. The Customer selects a date and time directly on the Website at the time of placing the Order.

As an exception to the above :

The dates of courses which do not have a booking calendar are to be agreed between the Company and the Customer using the Contact Form or by telephoning the Company on the number indicated on the Website;
Courses without a reservation date on the calendar must be held within 12 months of placing the Order. Failing this, the full price of the Order will be retained by the Company, notwithstanding the fact that the course has not been held.

8. Sale of Tutorials

The Company may offer Tutorials for sale.

The Tutorial Order is placed directly on the Website by the Customer, who can download the video onto his or her computer. Any Tutorial Order placed by the Customer cannot be cancelled by the latter.

The Tutorial is acquired by the Customer solely for personal use and may not be distributed by any means whatsoever on any medium for commercial or non-commercial purposes.

The Company shall not be held liable for any damage caused to the Customer's computer equipment, in particular as a result of the link used to view the video or download it.

9. Sale of Photographs

The company offers photographs for sale, without limited editions.

Prints of the Photographs in different formats and on different media may be offered by the Company.

The purchase of a Photograph is made directly on the Website by the Customer. Any Order for a Photograph placed by the Customer cannot be cancelled by the latter.

Once the Company has received payment for the corresponding Order, the Photographs will be delivered to the Customer at an address in mainland France, subject to the packaging and delivery costs indicated on the Website, in addition to the price of the Photographs including VAT, within a timeframe which depends on the volume and exact purpose of the Order.

10. Awards

The Services are provided and the Tutorials and Photographs are sold at the prices in force on the Website at the time the Order is placed.

Prices for orders placed in France and the European Union are quoted in Euros, including VAT.

Prices for orders placed outside Europe are quoted in Euros excluding VAT.

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

11. Payment

The price of the Order is payable in full and in a single instalment at the time the Order is placed by the Customer on the Web Site, the automatically generated Order form being sent to the Customer by e-mail.

Payment is made, at the Customer's option :

by bank transfer (the Company's bank details are indicated when the Order is placed);
by PayPal ;
By credit card (Visa, Mastercard, American Express);

Payments made by the Customer are considered final only after effective and irrevocable receipt, by the Company, of the sums due.

Confirmation of payment and the invoice are subsequently sent to the customer by e-mail.

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

12. Course cancellation

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

for outdoor photography courses: number of participants less than 2 (except for special courses) or unsuitable weather conditions;
for face-to-face workshops: fewer than 4 participants; the minimum number of participants for online workshops is 2.
for all courses: force majeure.

In the event of cancellation of a Course by the Company, the latter may propose a new date to the Customer for the realization of the said Course. In the absence of agreement between the Parties on this new date within 6 months of the initial date scheduled for the completion of the said Course, the Company undertakes to refund all sums received in respect of the Order placed by the Customer, without any costs, interest, compensation or any other sum being due by the Company.

If, for any reason whatsoever, the Customer cancels the Order for a Course more than 10 days prior to the date scheduled for the Course, the Customer will be liable for any loss or damage incurred as a result of the cancellation:

Unless the cancelled Course is a Workshop, the Customer may, at the same time as cancelling the Course, choose another date for the said Course, subject to availability. The new date may not be more than 6 months after the initially scheduled date;
failing this (and in all cases involving a Workshop), a fixed, lump-sum and final amount corresponding to 10% of the total price of the corresponding Order will be acquired by the Company, by way of compensation for the loss suffered by the latter as a result of this cancellation.

In the event of cancellation of an Order for a Course by the Customer less than 10 days but more than 2 days before the scheduled date of the Course, for any reason whatsoever, a fixed, lump-sum and final amount corresponding to 50% of the total price of the corresponding Order will be retained by the Company, by way of compensation for the loss suffered by the latter as a result of such cancellation.

In the event of cancellation of an Order for a Course by the Customer less than 2 days before the scheduled date of the Course, for any reason whatsoever, a fixed, lump-sum and final amount corresponding to 100% of the total price of the corresponding Order will be retained by the Company, by way of compensation for the loss suffered by the latter as a result of such cancellation.

13. Exclusion of right of withdrawal

In accordance with applicable regulations, the Customer does not have a right of withdrawal for leisure activities that must be provided on a specific date or at a specific time.

14. Intellectual property

In accordance with the regulations in force and unless expressly stated otherwise, the Company is the sole owner of the intellectual property rights relating to the Tutorials and Photographs, as well as, but not limited to, the logos, images, texts, graphic charts, illustrations, animated sequences and sound elements used in the provision of the Services.

Any reproduction, adaptation or total or partial representation of the Website, of any Tutorial or of any Photograph, or of any of the other objects or elements mentioned above, by any means, on any medium whatsoever and for commercial or any other purpose whatsoever, is unlawful and constitutes an infringement punishable by law.

15. Personal data management

15.1 Scope of application

In the course of using the Website, Internet users are required to transmit personal data. The Company undertakes to conduct a transparent policy with regard to the management of such data, and to provide all the information necessary to enable them to understand how such data is managed. It undertakes to comply with all applicable regulations concerning the collection and processing of personal data. Furthermore, it will take all reasonable steps to ensure the security of the data transmitted.

15.2 Type of data collected and excluded

The Company collects personal data when subscribing to the Website newsletter, when placing an Order or when requesting help or information using the Contact Form.

The Company will store the following personal data:

contact details of the Internet user, surname, first name, e-mail address ;
Customer's billing address and bank details ;
status of orders placed or in progress ;
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 Data retention conditions

All personal data is stored by the Company in its capacity as publisher of the Website, which, represented by its President, Mr. David Duchens, is responsible for its processing.

The personal data collected by the Company in the context of placing Orders or using the Customer Account are kept for the time necessary to manage the Orders and the corresponding rights, to manage the Customer Account and commercial prospecting, as well as for the retention periods imposed by legislation or which correspond to the applicable requirements.

In the case of commercial prospecting only, personal data may be kept for a maximum of 3 years from the end of the commercial relationship.

The Company has made a declaration to the CNIL under number 2059078 v 0 for all personal data collected and processed in connection with the use of the Website.

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

However, your personal data may be processed by the Company's service providers for the purpose of fulfilling Orders.

15.4 Right of access to data

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

In accordance with the General Data Protection Regulation and the French Data Protection Act of January 6, 1978, Internet users have the right to access, rectify and object to any personal data concerning them at any time. This right may be exercised by sending a request to :

by using the Contact Form ;
by sending an e-mail to info@duchensphotographie.fr ;
or by writing to :

Mr David Duchens
SAS DAVID DUCHENS PHOTOGRAPHIE
38, rue Diderot
08120 Bogny-sur-Meuse.

16. Warranties and liability

The Company undertakes to use all reasonable means to provide quality Services that comply with their descriptions in terms of duration and modalities. The Customer's level of knowledge and personal needs will be taken into consideration during both online and off-site course sessions.

The Company cannot be held to an obligation of result at the end of the Course, it being understood that the Customer's level of knowledge and skills have an impact on the outcome of the Service.

It undertakes to make every reasonable effort to ensure that the Website is continuously accessible, except in the event of breakdown, maintenance, force majeure or computer error. The Website and all its content are provided "as is", and use and purchase are at the Customer's own risk.

The Company does not guarantee :

continuous, rapid 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 any malfunctioning of the online courses and the purchase of Tutorials, in particular due to an interruption or error on the Website, and in particular in the event of use that does not comply with the General Terms and Conditions.

The Customer remains responsible for its hardware and software throughout the Services.
The Company cannot be held liable for any damage to hardware.

17. Subcontracting - Third parties

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

18. Force majeure

Neither Party shall be held liable or be deemed to have breached its obligations if it is prevented from fulfilling all or part of its obligations due to an event of force majeure, i.e. an unforeseeable, irresistible and external event. However, when a Party invokes such circumstances, it must inform the other Party as soon as possible, do its utmost to limit the consequences of such an event and resume performance of the present contract as soon as these circumstances have ceased. The obligations incumbent on the Party invoking such circumstances shall, if necessary, be extended over a period lasting at least as long as such circumstances subsist. No penalty or compensation of any kind may be claimed for any delay caused by such circumstances.

19. Insurance

The Company undertakes to take out and maintain insurance cover for all its activities, under standard conditions, with a reputable and solvent insurance company established in France.

20. Cookies

The Internet user acknowledges that the Company may use cookies to identify him/her during his/her connection to the Website. These cookies remain active until the user leaves the session. Users may oppose the use of these cookies without limiting their access to the Website, by configuring their browser accordingly:
Google Chrome
Mozilla Firefox
Microsoft Edge
Safari
Opera

You can also obtain the necessary information on the CNIL website.

21. Partial nullity

If one or more stipulations of these general terms and conditions of sale are deemed unwritten or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

22. Applicable law

The General Terms and Conditions and any Order are governed by French law.

23. Settlement of disputes

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

SAS DAVID DUCHENS PHOTOGRAPHIESociété par actions simplifiée au capital de 2.000 €Siège social : 38, rue Diderot, 08120 BOGNY-SUR-MEUSE,827 900 093 R.C.S. SEDAN

TERMS AND CONDITIONS OF SALE AND USE

SAS DAVID DUCHENS PHOTOGRAPHIE
Société par actions simplifiée au capital de 2.000 €
Siège social : 38, rue Diderot, 08120 BOGNY-SUR-MEUSE,
827 900 093 R.C.S. SEDAN