General Terms and Sales Conditions (GTSC)
These general conditions apply to all orders, offers, deliveries, sales of services and products concluded between the customer and the photographer Olivier Gisiger Photographies, Chemin du Vallon 30 in Bussigny-sur-Lausanne.
They are valid for each phase of creation, and in particular for the images created digitally.
Within the framework of an existing business relationship, the general conditions also apply, without express permission, to all future orders, offers, deliveries or services of the photographer.
The photographer reserves the right to change these terms and conditions at any time. Each order is governed by the general terms and conditions applicable on the date of the order. It is therefore recommended that the client regularly consult the current GTSC.
1. Acceptance of terms
Olivier Gisiger Photographies offers private and public photography services as presented on its website: https://oliviergisiger.com.
The fact of reserving a session is equivalent to the placing of an order by the client and entails unreserved adherence to these general terms of sale, except for special conditions granted by the photographer to the client.
Any other document than the present terms and conditions of sale and in particular catalog, prospectus, advertisements, notices, has only an informative and indicative value, not contractual.
These general terms and conditions of sale form a contractual document indivisible with the offer accepted in writing by the client or the contract for the service signed by the client.
The booking of a photographic service is done exclusively by email or telephone (following the contact information provided on the photographer's website) or via the platform https://booking.oliviergisiger.com.
Any order is accepted upon receipt of the deposit and must be validated by the written acceptance of the offer or a contract signed by the client taking up the practical information (date, place, ...). The latter will be returned signed to the photographer by email.
The booking of a photo session by the client is final as soon as it is confirmed by message or by phone, it entails the client's full acceptance of these GTSC.
In the absence of acceptance of the offer and / or receipt of the contract and payment of the deposit within 7 days of sending them, the photographer does not undertake to keep the date.
3. Rates and payment terms
Sales prices are exclusive of tax* and depend on the rates applicable on the date of the order. If they are brought to vary thereafter, any service previously fixed will keep the rate applied when the order is taken.
*(Article 641.20 Federal Law of June 12, 2009 governing value added tax, VAT Act, LTVA)
3.2 Rate changes
Olivier Gisiger Photographies reserves the right to modify its rates and services at any time, without notice or compensation, to pass on a possible and unforeseen increase in rates of suppliers of photographic products or increase in rent and charges.
3.3. Travel Expenses
Travel or accommodation expenses may be applied. They will then be included in the estimate.
3.4. Validity of quotes
The quotes established by the photographer are valid for 30 days.
A deposit of 50% will be required to validate an order. It can be paid by bank transfer or by online payment.
3.6. Payment balance
The balance will be paid within 10 days after receiving the final invoice.
Non-payment of the balance will result in the cancellation of the right to use the images and the destruction of the downloaded digital files, without refund of the deposit received.
4. Service Modification
Any request for modification (date, place, postponement, etc.) by the client must be made at the latest 72 hours before the scheduled date of the session by SMS, Whatsapp or email, except in cases of force majeure. Nevertheless, the postponement of the session must take place within 3 months after the date scheduled for the initial session, if the photographer's schedule allows it. In case of postponement, the photographer cannot be held responsible for the non-realization of certain particularities of sessions (shooting frame, weather, season, etc.). There is no charge for rescheduling a session in this type of situation.
4.2. Studio Shooting
In case of cancellation of the reservation of a photographic service that has become final, it is recalled that in accordance with legal provisions, the amount of the deposit will not be refunded, except in cases of force majeure for the client.
5. Performance of the service
The photographs are taken by Olivier Gisiger or, in case of major impediment, by any other photographer designated in agreement with the client.
5.2 Obligation of result
The photographer is not subject to an obligation of result. He shall make every effort to provide quality images, as stipulated in the order. The content of these images is left to the artistic appreciation of the photographer.
5.3. Number of images
The number of retouched (post-processed) photographs chosen by the client is indicated in each package.
If the client requires more retouched photographs, a price list is available upon request.
As a result, Client acknowledges that photographs are not subject to rejection based on Client's taste.
6. Client's Obligations
The time set for the service is imperative and any delay by the client may be charged against the time previously agreed for the session. Beyond 30 minutes of delay, the session will be cancelled and the deposit will not be refunded.
The client declares that he/she is of legal age and freely poses for photos according to the chosen photographic style.
6.3. Presence of third parties
The photographer will not be hindered during his service by the presence of third parties.
In the event of material damage caused by the client or any other person present during the session, this must be reimbursed in full.
7.1. Choice of post-processing
The photographer never delivers raw photographs (RAW). The post-processing, just like the shooting, is specific to the photographer and is an integral part of his work, his style and his artistic universe. The photographer is the only one to decide what post-processing he will apply.
7.2. Additional retouching
Any additional retouching requested by the client will be accepted or not by the photographer who reserves the right to charge for the additional work per image according to the current rates.
7.3. RAW Files
No native digital files in RAW format will be given to the client and cannot be demanded. Digital files are transmitted in jpeg format only; no raw, tiff or other files will be given.
7.4. Use of images
Only the photographs processed by the photographer will be exploitable by both parties.
Olivier Gisiger Photographies puts all works about it to satisfy the delivery of the photographs as soon as possible.
The deadlines below are given as an indication, and no compensation could be asked to the photographer if the deadline came to be exceeded.
- A maximum of 10 working days for the delivery of the retouched photos, from the moment the choice of photos has been transmitted to the photographer.
- A 24-hour express delivery package is also available.
- For an order of physical media, the delay can be up to 5 weeks.
The photographer reserves the right to extend this processing time by notifying the client for well identified causes.
A delay in delivery or performance may not be invoked by the customer to request termination of the contract, claim damages or assert any other claim.
8.3. Image Selection
The customer will receive an email with the link to access his photo gallery to make his choice, then he will select his images for retouching. The photos are delivered only in digital format and not on paper prints. If the customer desires photographs on a paper print, a price list is available upon request.
8.4. Delivery of files
The selected and retouched photographs are sent to the client via download link or via a private gallery accessible by password.
Digital files are delivered as JPEG files. Other files are the property of the photographer and will not be given to the client under any circumstances.
8.5. Delivery of physical media
All physical media are to be picked up at the studio Olivier Gisiger Photographies. The customer will check the products delivered in person to the studio, no claim can be made once the customer has left. If the customer wishes a postal sending, because it is not able to come to the studio or to mission someone in his place, the carriage costs are with the load of the customer, who will thus assume the responsibility of it. If the work does not arrive or is delivered damaged, the photographer can in no way be held responsible. If the insurance of the Post Office is not sufficient to cover the cost of ordering a new product, the rest will be charged to the client.
We can make very High Quality prints ourselves in various formats, the cost is not included in the cost of the photographic service, to see the price list of prints. If the client wishes to print their products (books and prints) themselves using the high definition digital files they have acquired, the photographer disclaims any responsibility for the result obtained in a lambda lab and not previously recommended by the photographer.
9. Archiving Duration
As of their delivery to the client, the photographs are kept and archived under their full responsibility. The customer is invited to make backups on various media.
The photographer is released from any responsibility in case of loss or damage of digital files given to the client. However, the files remain available for 3 months and can be returned if necessary.
The photographer is not responsible for the loss or damage of the digital files.
10.1. Adverse Weather Conditions
In the event of adverse weather conditions such as thunderstorms, storms, heavy rain, etc., the photographer will not be held responsible for the non-performance or partial performance of the outdoor services initially provided in the order.
No refund will be made, the session will be rescheduled to a later date.
10.2. Force Majeure or illness
A force majeure is considered an unforeseeable external event that makes it impossible to perform the service (accident, death of a parent, ...). Each of the parts will be able to oppose this right since the force majeure is characterized.
Olivier Gisiger Photographies reserves the right to cancel/reschedule a photographic service in case of force majeure or illness. Such a cancellation will neither engage its responsibility nor give place to the payment of damages in some title that it is. The session will be postponed to a later date.
The entire amount paid will then be refunded without giving rise to the payment of damages on any grounds whatsoever.
10.3 Technical problem and accident
In the event of a technical problem with the photographic equipment or an accident of any kind during the service preventing the photographer from delivering the work requested, the full amount paid will be refunded, without giving rise to the payment of damages on any account whatsoever.
In case of loss or damage of the photos before their delivery (burglary, fire, ...), the client will only be entitled to a refund of the service.
11. Intellectual Property
The photographs taken during a session with the client are copyrighted works within the meaning of the LDA (Federal Law of October 9, 1992 on Copyright). Even after cessation of the digital files, the photographs remain the intellectual property of the studio Olivier Gisiger Photographies and are consequently not free of rights. Only the right to the image of the client is inalienable to him.
11.2. Commercial Use
Commercial use by the client of the images from his or her session is permitted under the specific terms of the contract. However, it is forbidden to modify the photos (switching to black and white, cropping, various retouching, etc.) without prior authorization from the photographer.
11.3 High Definition Files
On the other hand, when the client purchases the digital files in High Definition, he/she is then authorized to print, reproduce and save them on any medium he/she wishes for the sole purpose of conservation, in an exclusively personal and private setting.
Any commercial use of a photograph, whatever it is and whatever the uses ( publication on the internet, exhibition, printing ...) must mention the name of "Olivier Gisiger Photographs | www.oliviergisiger.com" according to the uses in force.
12. Image Rights
12.1. Client's Image Right
The client retains his or her inalienable right to the image under any circumstances, at any time and in any place. The client declares that he/she is of legal age, freely poses for photographs, and authorizes the taking of pictures. When the model is a minor, the legal representatives declare that they are of age and authorize the shooting of their child. Before each photo shoot, the client agrees to the full T&Cs.
The photographer reserves the right to use the photographs he has taken for the purpose of promoting his business (website, professional pages on social networks, advertisements, exhibitions, business cards, etc...). By default, the customer agrees to the use of the images in this context and, if necessary, mark his disagreement at the time of the order.
12.3. Public use
In case of refusal, the client will not be able to refuse the use of photos in which he is not recognizable. Similarly, any photo published publicly (internet, social networks, ...) by the client may be used by the photographer.
12.4. Free sessions
In the case of a session offered by the photographer for an advertising broadcast or for an exhibition (vernissage) or a shooting with a model, the photos as well as the right to the image belongs in full to the photographer who made the photographs. If the customer finally objects to this diffusion, the fixed amount will be invoiced to him as a normal service. The client, accepts this clause without revocation by signing the "Model Release" which is asked to complete at the beginning of the session.
LANGUAGE, APPLICABLE LAW AND LEGAL FORCE
1. Legal Form
The GTSC and the TOU are written in French. In case of doubt, the French version is authoritative and prevails over any other version.
1.2 Applicable law
In the event of a dispute, the current T&Cs and UGCs are used as the legal basis. By accessing the Site or booking a session as well as the purchase of any service or product that we make available, the user of the site or the customer, declares to acknowledge that all matters relating to the use of the site or the conditions of sale are governed by Swiss law on the matter, the principles of private international law not being applicable.
The User agrees that the exclusive place of jurisdiction and place of performance is the domicile or registered office of the photographer, including in the case of deliveries abroad. The compulsory places of jurisdiction remain reserved.
Any dispute relating to the formation, performance or interpretation of these terms and conditions as well as any agreements to which they apply, shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the Swiss courts and more particularly the courts of Lausanne (VD).
The customer acknowledges having read the above terms and conditions of sale.