GENERAL TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale

These General Terms and Conditions of Sale are intended to govern the relationship between the client and Eric MARTINEZ, Artisan photographer and videographer. SIRET: 44326205000034 — APE code 7420Z — based in Carpentras (84200) Any order or booking by the client implies full and unconditional acceptance of these General Terms and Conditions of Sale.

1. Purpose

These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with the sale of Products and Services offered by Eric MARTINEZ.

2. General Provisions

These General Terms and Conditions of Sale (T&Cs) apply to all sales of Products and Services made directly with Eric MARTINEZ, and form an integral part of the contract between the client and Eric MARTINEZ. Eric MARTINEZ reserves the right to modify these terms at any time by publishing a new version on his website. The applicable T&Cs are those in force on the date of payment (or the date of the first payment in the case of instalment payments) of the order. These T&Cs are available on Eric MARTINEZ's website at the following address: https://www.e-martinez.pro/en/cgv.

For photos, orders placed online through the private gallery service provider Jingoo (https://www.jingoo.com) are not governed by these T&Cs. Only the T&Cs established by that service provider, implicitly accepted by the Client during the ordering process, shall apply.

Photos and videos may be delivered to the client via one or more cloud platforms: OneDrive, Hubic, WeTransfer, etc. These platforms are not governed by these T&Cs. Only the T&Cs of those service providers, accepted by the client during the storage and transfer process, shall apply.

Videos may be delivered to the client via a streaming and storage platform: Vimeo (https://vimeo.com). This platform is not governed by these T&Cs but by its own terms and conditions. Only the T&Cs of that service provider, accepted by the Client during the ordering process, shall apply.

Signing the quote constitutes full acceptance of these T&Cs and the T&Cs of the service provider platforms used to deliver the service. The client declares having read all of these General Terms and Conditions of Sale, and where applicable the Special Conditions of Sale relating to a specific product or service, and accepts them without restriction or reservation. The client acknowledges having received the advice and information necessary to ensure that the offer meets their needs. The client declares being legally capable of entering into contracts under French law and of legally representing the natural or legal person on whose behalf they are acting. Barring evidence to the contrary, the information recorded by Eric MARTINEZ constitutes proof of all transactions.

3. Quotes & Contract

Eric MARTINEZ will produce one or more quotes upon simple request.

Any quote signed by the client serves as a purchase order.

Booking a service is done exclusively in writing or by message via the contact tab on the website or by email.

Once the service and any specific requirements raised by the client have been clearly defined, with all the information necessary to assess the value of the service, Eric MARTINEZ will send a quote covering all of the following points:

• Date(s), times (if applicable), and location(s) of the service.

• Details of the service.

• Total amount of the service.

Unless otherwise stated, the terms and rates set out in the quote are valid for 30 days from the date of sending (by post or email).

If approved and signed by the client, the quote will serve as a purchase order and must be returned along with a deposit of 30% of the total amount.

In the event that the client adds specific terms, those terms only become contractually binding upon written agreement by Eric MARTINEZ.

4. Orders

An order becomes final upon receipt of the duly dated and signed quote and payment of a deposit of 30% of the total order amount.

Any modification to an order must be formalised in writing between both parties.

Unless otherwise stated on the quote, payment shall consist of a deposit of 30% of the total amount at the time of ordering, with the remaining balance due on the day of the service, for weddings and events. In all other cases, the balance must be paid on the day the images (photos, videos) are delivered. For photo sessions (couple, family, portrait, marriage proposal) and gift vouchers booked without a quote, via the website or in writing, no deposit is required: the payment terms set out in article 9 apply. Failing this, the service cannot be carried out.

Placing an order by the client implies unconditional acceptance of these General Terms and Conditions of Sale, except for any specific conditions agreed in writing by Eric MARTINEZ with the client. Any document other than these T&Cs — including catalogues, brochures, advertisements, or notices — has only relative, informational, and indicative value and is non-contractual. These T&Cs form a single, indivisible contractual document together with the purchase order.

Any order must be confirmed by a form signed by the client or their duly authorised representative, specifying the date of the service, the location(s), the price, and any deposits paid.

Travel expenses may apply and must be itemised as a separate charge.

5. Execution of Orders

Any delay caused by the client, in particular through lack of cooperation — such as late or poor-quality submission of documents required for the final deliverable, or insufficient information — releases the service provider from any obligation regarding delivery deadlines.

If Eric MARTINEZ is unable to finalise the service because the client has not provided the necessary elements (information, documents, selection of photographs) more than 90 days after the planned delivery date, the service is deemed delivered as it stands and the balance remains due.

Any modification resulting in a change or addition of images, or the addition of graphic creations or special effects, will be subject to a prior quote and pricing by Eric MARTINEZ. Delivery times are given in good faith. A reasonable delay cannot justify cancelling the order.

For any service involving photo retouching or video editing carried out by Eric MARTINEZ, he undertakes to provide the client, prior to the final version, with a first cut of the edited video and a first version of the retouched photos. Any client wishing to request changes must submit their request in writing — by email or recorded delivery letter — to Eric MARTINEZ, either to approve this version or to request editing or retouching modifications. Any request for changes must be submitted in writing and returned to Eric MARTINEZ by post or email within a maximum of 14 days from the day following the sending of the first version to the client. Failing a response from the client within this period, the first version of the retouched photos or video edit shall be deemed final, and Eric MARTINEZ will proceed with the final delivery without prior notice. Any request for changes to the final version will be subject to additional billing, calculated on the basis of the number of hours of work estimated by Eric MARTINEZ alone, at the following rate: a minimum of €150 (VAT inclusive) per hour of work.

Except for weddings or unless otherwise stated on the quote, the service must be carried out within one year of signing the quote. If this has not been possible because of the client, Eric MARTINEZ is released from his obligation and retains the sums paid, up to the value of the work carried out and the costs incurred.

6. Commitment

Eric MARTINEZ undertakes to carry out the service in accordance with the instructions provided by the client and the agreed specifications, except where prevented by technical or physical constraints such as: weather conditions, illness, accident, etc.

If the service cannot be performed due to a reason attributable to Eric MARTINEZ, the deposit will be refunded in full and no penalty may be claimed by the client.

7. Order Cancellation

The deposit paid will not be refunded in the event of cancellation by the client after signing the quote, subject to the right of withdrawal set out in article 31.

Any costs already incurred by Eric MARTINEZ will be charged to the client.

Any modification to the contract may only be taken into account following written agreement from Eric MARTINEZ.

8. Pricing

Rates are available upon request by completing the contact form on the website e-martinez.pro or by email at contact@e-martinez.pro.

In accordance with Article 293 B of the French General Tax Code (CGI) relating to sole traders, Eric MARTINEZ is not subject to VAT.

Prices are those agreed and defined at the date of the order between the service provider and the client.

9. Payment Terms

Eric MARTINEZ accepts bank transfers (preferred method of payment), cheques, cash (for invoices not exceeding €1,000) and online card payments via PayPal or Stripe.

Photo sessions (couple, family, portrait, marriage proposal): payment for the package can be made at booking or, at the latest, at the end of the session. Extras (additional photos, travel costs) are paid before the photos are delivered. High-definition retouched photos are only delivered once the service has been paid in full, extras included.

Gift vouchers: payment is made before the voucher is issued, in accordance with article 30.6.

Payment by bank transfer or cheque is only considered made once the funds have actually been received on Eric MARTINEZ's account (up to 3 working days for a bank transfer; clearing time for a cheque).

No discount for immediate payment can be granted.

In the event of a returned cheque, the client will be notified by Eric MARTINEZ and will have 72 hours to settle the invoice in cash (for invoices not exceeding €1,000) or by bank transfer to Eric MARTINEZ, against receipt of a receipted invoice once the matter has been resolved. Any associated costs are the responsibility of the client.

The prices and payment terms for services provided are indicated on the quote sent to the client.

Any additional service will be invoiced separately to the client.

In the event of late payment, late payment penalties will be calculated from the due date until the date of payment.

Any late payment will give rise to interest charges at the minimum rate provided for by Article L441-6 of the French Commercial Code (statutory interest multiplied by three), payable automatically and without prior notice, calculated on the pre-tax amounts, plus a fixed penalty of €40 per invoice.

In the event that the client has failed to meet their obligations (non-payment or late payment), a request for service may be refused.

10. Delivery

Unless otherwise specified on the quote, the deliverable(s) will be provided to the client no later than 90 working days after the date of the service.

Deliveries are made at the client's own risk. Delivery will take place at the postal address provided by the client. Eric MARTINEZ accepts no liability for loss, theft, or damage to any copy of the video, USB drives, photo albums, photo prints, or any other physical medium included in the service, once they have left the premises. Any complaint must be made directly by the client to the carrier within three (3) days of the expected delivery date. However, Eric MARTINEZ retains a copy of each of his productions for a minimum of 30 days, enabling a replacement copy to be produced at the prevailing rate in the event of loss or damage during delivery.

The deadlines set out in the T&Cs and in the quote are given in good faith and for indicative purposes only. Delays cannot give rise to damages, withholdings, or cancellation of orders in progress.

Availability dates and deadlines are given for indicative purposes only: in the event of a delay on the part of a supplier, Eric MARTINEZ shall not be held liable and no compensation may be claimed from him.

Upon receipt of the deliverable(s), the client must promptly and carefully verify that the product(s) conform to the order.

Eric MARTINEZ accepts no liability for loss or deterioration of digital files handed over to the client.

Any request for a duplicate of images on a physical medium or via a cloud platform will be subject to additional billing at the rates in force at the time of the request.
No photograph, video, gallery, selection, preview, or mini best-of will be delivered or made accessible to the client until full payment of all amounts due for the service has been effectively received, including any additional hours, fees, or supplementary services.

11. Travel Expenses

Where the service requires travel or on-site accommodation, all travel, meal, journey, and accommodation costs for Eric MARTINEZ and his assistant / collaborator / trainee (if Eric MARTINEZ cannot perform the service alone) are the exclusive responsibility of the client.

For weddings / events (lasting a full day or more):

Eric MARTINEZ requires at least one meal for himself and all members of the team present if he is not working alone.

Depending on the location of the service, accommodation for Eric MARTINEZ and his team may be necessary.

If the location of the service changes or has not been precisely determined at the time the contract is signed, the clients will be responsible for any additional costs incurred. In all cases, clients will bear the cost of any additional expenses (access fees charged at certain venues, mandatory paid parking, etc.) upon presentation of supporting documentation.

In the event that Eric MARTINEZ, with the prior agreement of the Clients, is required to remain on the day of the service beyond what is stipulated in the quote, each additional hour will be charged at a rate starting from €180 (VAT inclusive).

Each hour begun is due in full. Overtime hours will be the subject of a separate invoice, to be settled prior to delivery of the photos or film.

12. Force Majeure and Illness

Eric MARTINEZ reserves the right to cancel a service in the event of force majeure or illness. Such cancellation shall not give rise to any liability on his part, nor to the payment of damages of any kind.

13. Technical Issues and Accidents

In the event of a technical problem with equipment or any accident during the service that prevents Eric MARTINEZ from delivering the requested work, the full amount paid will be refunded without giving rise to the payment of damages of any kind.

14. Assistant / Second Photographer or Videographer / Trainee

Eric MARTINEZ reserves the right to be accompanied by a third party on the day of the shoot. The presence of such a third party does not in any way entitle the client to the delivery of additional photographs or video footage, and no specific result may be required on any grounds whatsoever.

15. Communication

Clients are responsible for informing all persons connected with the event (employees in the case of a company, guests, the registrar, the religious officiant, the hairdresser, the make-up artist in the case of a wedding, etc.) of the presence of a photographer / videographer (and, where applicable, of a third party if Eric MARTINEZ is not working alone), so that Eric MARTINEZ can carry out his work in suitable conditions.

16. Adverse Weather Conditions

Photo sessions (couple, family, portrait, marriage proposal): if Eric MARTINEZ considers that weather conditions make the session impossible or dangerous, it is rescheduled, without incurring any liability on his part. Eric MARTINEZ offers at least two new dates within 6 months. If the client refuses these dates or does not reply within 30 days, the sums paid remain due to Eric MARTINEZ.

Weddings and events: the date is fixed. The service goes ahead whatever the weather (rain, wind, storm) and Eric MARTINEZ carries it out in the best possible conditions. The weather is not grounds for rescheduling or for any refund, even partial.

17. Adverse Safety Conditions

If Eric MARTINEZ considers that safety conditions make the service dangerous for people, for his equipment or for the client's equipment, he may suspend or interrupt it, without incurring any liability. The part not carried out is rescheduled as a priority: Eric MARTINEZ offers at least two new dates within 6 months. If the client refuses these dates or does not reply within 30 days, the sums paid remain due to Eric MARTINEZ. The part not carried out is refunded only if rescheduling is impossible because of Eric MARTINEZ or if the event cannot be moved, after deduction of costs already incurred.

18. Force Majeure

On the part of the Photographer

The performance of Eric MARTINEZ's obligations under this agreement is suspended in the event of an unforeseen circumstance or force majeure preventing their execution (accident, hospitalisation, death, debilitating illness, etc.). Eric MARTINEZ will inform the client of the occurrence of such an event as soon as possible and undertakes to propose a new date for the service. In cases where it is impossible to reschedule the service (weddings, events, etc.), Eric MARTINEZ will, wherever possible, propose another professional to perform the service in his place (though it may be difficult to find a professional offering an identical service with the same characteristics, the same artistic sensibility, and the same pricing as Eric MARTINEZ). Should it prove impossible to find a replacement, or should Eric MARTINEZ be physically or mentally unable to propose an alternative solution, the contract will be cancelled without notice and without any possibility of recourse.

On the part of the Client

The performance of the client's obligations under this agreement is suspended in the event of an unforeseen circumstance or force majeure preventing their execution (accident, hospitalisation, death, debilitating illness, etc.), resulting in the cancellation of the contract. The client is required to inform Eric MARTINEZ of the occurrence of such an event as soon as possible.

The cancellation of the planned event cannot under any circumstances be considered a case of force majeure.

In the event of cancellation of the event or a case of force majeure, Eric MARTINEZ will offer to reschedule the event within a period of 6 months following the original date, subject to his availability. Should it prove impossible to reschedule the service, any amounts already paid will be retained by Eric MARTINEZ.

19. Conduct of the Service

On the day of the service, the agreed time is mandatory.

Any delay on the part of the client will be deducted from the time previously allocated for the service.

20. Publicity

The client authorises Eric MARTINEZ to use their name and company name, excerpts from video productions, and photographs, as references for his commercial promotion. The client may object to this by email at contact@e-martinez.pro or by letter addressed to Eric MARTINEZ.

The client authorises Eric MARTINEZ to display their logo on his professional website in the "they trusted me" section and/or in the clients section. The client may object to this by email or letter addressed to Eric MARTINEZ.

21. Intellectual Property

All photographic and video work produced by Eric MARTINEZ remains his intellectual property.

No modification to any photograph or video is permitted without the written consent of Eric MARTINEZ.

22. Reservation of Title

The final product remains the exclusive property of Eric MARTINEZ until full payment for the service has been received.

23. Right of Image and Right to Privacy

In accordance with Article 9 of the French Civil Code, everyone has the right to respect for their private life and their image.

The client authorises Eric MARTINEZ to use images taken during the services for his personal promotion, exhibitions, or publications, including on his website, within the limits of respect for privacy.

The client may, however, at any time prior to the performance of the service, request by email at contact@e-martinez.pro or by letter that their image not be used in this way.

The client undertakes to inform all participants that they will be filmed or photographed.

Should any individuals not wish to be filmed or photographed, the client undertakes to inform Eric MARTINEZ as promptly as possible.

The absence of any document regarding the right of image shall be deemed tacit consent. Eric MARTINEZ considers that the client and any persons likely to appear in photos and videos do not object to the use of their images. Eric MARTINEZ's liability in relation to the right of image shall therefore not be engaged.

Rights are commercialised along with the digital image file for the use defined with the client, who specifies at the time of ordering the format, the medium, and the number of copies to be distributed, if more than one. The assignment of rights to an image or production does not include any element of exclusivity unless expressly stated, and under no circumstances includes the possibility of transferring a copy of the file to third parties, whether free of charge or for payment. The assignment of rights is only effective upon full payment and strict compliance with the use of the images or productions as defined at the time of the order. Eric MARTINEZ reserves the right to refuse any use of videos and photographs for purposes other than private use in the case of weddings and family events, unless otherwise stipulated.

For his services and for all categories of clients with whom he works (businesses, private individuals, local authorities, etc.), Eric MARTINEZ assigns his author's rights for the distribution of the project in question, but retains his author's rights for any exceptional use of his images in another project, and must be kept informed of any negotiations for the reuse of the same images in other productions. Eric MARTINEZ will receive negotiable author's rights for each such reuse.

Any use of Eric MARTINEZ's images or productions contrary to the above clauses and without prior agreement will give rise to a minimum charge of 5 times the value of the corresponding rights. In the event of any doubt regarding usage rights, clarification may be obtained by email at contact@e-martinez.pro or by letter.

Eric MARTINEZ reserves the right to use images filmed during the service. Eric MARTINEZ has the right to broadcast the films produced or excerpts thereof, as well as photographs, on his professional website, and where necessary via video platforms (Vimeo, YouTube, etc.), on search engine listing pages (Google, Pages Jaunes, etc.), and on the social media platforms he uses (Facebook, Instagram, Pinterest, LinkedIn, etc.).

Should the client object, they must send a recorded delivery letter with acknowledgement of receipt to Eric MARTINEZ, setting out the reasons for their refusal to allow publication.

24. Retention of Photo and Video Files

Photo and video files will be retained for a period of one month after delivery of the product, except in the event of circumstances beyond Eric MARTINEZ's control, such as: a failed hard drive, a defective memory card, flooding, fire, etc.

Beyond this period, they may be deleted.

Any client wishing to receive a new delivery of the photo or video files from the original order must submit a request to Eric MARTINEZ. This request will be subject to a separate quote.

25. Applicable Law and Jurisdiction

These General Terms and Conditions of Sale, and any contract arising from them, are governed by French private law.

Even in the absence of specific provisions in this document, each party is required to comply with this law.

In the event of a dispute, the parties will attempt to reach an amicable settlement.

By default, disputes not resolved by amicable agreement will fall under the jurisdiction of the competent court geographically closest to Eric MARTINEZ's registered place of business.

26. Personal Data

Eric MARTINEZ undertakes to protect the privacy of his clients and visitors to the website e-martinez.pro.

27. Photographic and Video Style

Clients acknowledge that they are familiar with the photographs and videos of Eric MARTINEZ and are engaging his services with full knowledge of his artistic style.

They also acknowledge that image work (photography and video) is in constant evolution, that the service offered by Eric MARTINEZ is unique and artistic in nature, and that the photographs and videos delivered may differ from those he has produced in the past.

Eric MARTINEZ ensures that he applies his full potential, along with his technical and artistic judgement, to create images consistent with his personal vision of the event. Clients accept that this vision may differ from their own.

During the shoot, Eric MARTINEZ endeavours to adapt to the specific conditions of the event venue in terms of lighting and colour.

Accordingly, Eric MARTINEZ accepts no liability in the event of unfavourable conditions or circumstances that may affect the quality of the images. Such deterioration in quality cannot be held against him.

Images are not subject to rejection on the basis of individual taste or personal aesthetic preferences.

The photographs and videos delivered have been developed and post-processed. Unless otherwise indicated in the quote approved by the client, Eric MARTINEZ cannot be required to deliver raw files or to alter his post-production work (for both photos and videos) after the final product has been delivered. Any advanced retouching requested by the client will be billed in addition to the service, in accordance with the pricing schedule in force at the time of the request, of which the client will have been informed prior to the work being carried out. No complaint may be raised regarding Eric MARTINEZ's artistic choices.

By signing the quote, the client implicitly acknowledges having reviewed Eric MARTINEZ's image style. No refund may be made on the basis that the style of the photos or videos does not suit the client's preferences.

28. Liability

The liability of Eric MARTINEZ can only be engaged in the event of proven fault in the performance of the service. It is limited to the amount paid by the client for the service concerned, except in cases of gross or intentional misconduct and personal injury. Eric MARTINEZ is not liable for indirect damage or third-party claims. These limits do not deprive the consumer client of the rights granted to them by law.

29. Amendments to the General Terms and Conditions of Sale

Eric MARTINEZ reserves the right to modify these General Terms and Conditions of Sale at any time. The modified conditions will apply to any order placed after the date of the amendment, including any order supplementary to a prior order.

30. Gift Vouchers

30.1 Purpose. The gift voucher allows the beneficiary named at the time of purchase to have a couple, family or portrait photo session matching the package purchased, as described on the Pricing page of the website on the date of purchase (session length and number of photographs delivered).

30.2 Use. The voucher is valid only for the package stated. It cannot be used for another service (wedding, ceremony, marriage proposal, event or any other service subject to a specific offer), deducted from the price of another service, exchanged for another package, refunded in cash, or used in several instalments. Any adjustment is at the sole discretion of Eric MARTINEZ, on a case-by-case basis, and creates neither a right nor a precedent.

30.3 Validity. The voucher is valid for 6 months from its issue date, shown on the voucher. The session must take place within this period. After this period, the voucher expires, with no refund or extension. It is the beneficiary's responsibility to get in touch early enough to set a date, subject to Eric MARTINEZ's availability. If a session scheduled during the validity period is postponed by Eric MARTINEZ (bad weather, illness, force majeure), a new date is offered, even after the expiry date.

30.4 Beneficiary. The voucher is personal. It is issued in the name of the beneficiary or beneficiaries stated at the time of purchase. It cannot be assigned or transferred to anyone else.

30.5 Session terms. The session terms described on the Pricing page apply to the beneficiary as to any client: locations, number of people, permission for private property, deadline for selecting photographs, gallery access period. Travel within 15 km of Carpentras is included; beyond that, travel costs are payable by the beneficiary, as are extra photographs (€15 each).

30.6 Payment and delivery. The voucher is issued once the full price has been received. It is sent to the buyer in digital format, with a unique number, and can only be used once. If lost, a duplicate can be sent on request.

30.7 Withdrawal. The buyer has 14 days from the purchase to withdraw, under the conditions of article 31. After this period, the voucher is neither refundable nor exchangeable.

30.8 Acceptance. Purchasing a gift voucher implies acceptance of these Terms and Conditions, confirmed by ticking the box when ordering. The buyer undertakes to inform the beneficiary of the voucher's terms of use.

31. Right of Withdrawal

In accordance with Articles L221-18 et seq. of the French Consumer Code, a consumer client who enters into a distance contract (online, by email or by telephone) or an off-premises contract has 14 days to withdraw, without giving any reason and without penalty.

The period starts on the day the contract is concluded: purchase of the gift voucher, acceptance of the quote, or written confirmation of the booking.

To exercise this right, the client informs Eric MARTINEZ of their decision before the period expires, by a clear statement sent by email to contact@e-martinez.pro or by post. They may use the model form below, but are not required to.

Eric MARTINEZ refunds the sums paid no later than 14 days after receiving the decision, using the same means of payment as the client, unless otherwise agreed.

If the client expressly requests that the service begin before the end of the period and then withdraws, they pay an amount proportionate to what has been provided up to the time they communicated their decision (Article L221-25). The right of withdrawal can no longer be exercised once the service has been fully performed before the end of the period, at the express request of the client, who has acknowledged that they thereby lose this right (Article L221-28, 1°).

32. Consumer Mediation

In accordance with the provisions of the French Consumer Code concerning the consumer dispute mediation process, after contacting us and in the absence of a satisfactory response, you may refer the matter free of charge to a consumer mediation procedure with:

CM2C, 49 rue de Ponthieu, 75008 Paris, France

Tel: +33 1 89 47 00 14

Website: https://www.cm2c.net/declarer-un-litige.php

Email: litiges@cm2c.net

Appendix: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To Eric MARTINEZ, 1612 chemin Saint-Roch, 84200 Carpentras, France, contact@e-martinez.pro:

I hereby give notice that I withdraw from my contract for the provision of the following service:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date: