General terms of sale and use : https://www.studiolampyris.com

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The present general terms of sale and use (hereinafter referred to as "GTs") are applicable to any browsing on the website as well as to any order of photographs and/or videos from Ms Mélanie TOROK (hereinafter "The Photographer"), exercising as a sole trader and whose activity is located at 27 Route de Pitoys à 64600 Anglet,

Siret n° 833 560 592 00010 – Code APE 74.20Z.  

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A. WEBSITE CONTENT

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The website, accessible at https://www.studiolampyris.com, is intended to present the talent and skills of the Photographer, and to allow contact with any person or structure interested in the photographs she proposes.

Any browsing or use of this website, whatever the content explored, implies acceptance of these general terms. These general terms take precedence over all other GTs. 

The Internet user is hereby informed that orders will be subject to a more detailed contract regulating the rights and obligations of the parties and preserving the Photographer's intellectual property rights but also the right of third parties (image rights of the client, copyright or related rights of third parties, etc). The present GTs are therefore only applicable insofar as they do not contradict a specific contractual provision established by the Photographer and relating to a particular order. They also apply without reservation to any browsing by a non-customer internet user on the Photographer's website. 

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B. SERVICES AND ORDERS FOR PROFESSIONALS 

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La Photographe offers various types of photo shoots and orders for professionals, including :  

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• Promotion of the activities of a sole trader, company or association

• Product photography

• Photo reportage for corporate events

• Corporate portrait

• Any other order aimed at communicating the activities of a professional structure. 

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For all orders of corporate's photographs or videos, a contract will be drawn up for the Client, in order to perfectly adapt the commitments of each party to the nature of the order and to preserve both the rights of the parties (copyright of the photographer and image rights of the client and his collaborators and employees if applicable) and those of third parties.  

The contract will specify the terms of payment of the agreed price, the conditions for photographs realization and the limits of the transfer of rights (in accordance with Article L131-3 of the Intellectual Property Code).  

 

C. SERVICE AND ORDERS FOR PRIVATE CUSTOMERS

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The Photographer offers wedding photography services and couple photo sessions. 

For any order, a contract will be proposed to the customer, the Photographer giving a preponderant importance to the respect of the rights of each one and to the preservation of the private life of her customers.  

Any contract will refer to the offer for which the Clients have opted, and on which the quantity and media of the photographs delivered depend (digital files and/or prints), the duration of the services, etc., on the basis of an estimate previously accepted by the Client. 

Estimates are free of charge and without obligations to order. No order will be validated before the contract is signed and the agreed deposit is paid. The payment of the deposit and the signature of the contract, for wedding photo reportage, will act as the reservation of the date in the Photographer's diary. 

Any order placed at a distance will be subject to the right of withdrawal provided by the Consumer Code and set out both in the contract and in these GTs. 

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D. INTELLECTUAL PROPERTY RIGHT

 

All content on the website is subject to copyright protection, either in favor of the Photographer herself or in favor of a duly mandated third party. No content (text or visual) may be downloaded, distributed, reproduced or exploited in any form whatsoever without prior written consent from the Photographer.  

Any unauthorized use will constitute an infringement within the meaning of articles L122-4 and L335-2 of the Intellectual Property Code, and may lead to legal action.  

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E. THIRD PARTY RIGHTS (IMAGE RIGHTS) 

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The internet user's attention is also drawn to the fact that the persons whose image is represented on the website have only granted authorization to the Photographer herself within the limits of the precise contractual commitments entered into. Any use by a third party of content depicting recognizable persons, for any purpose whatsoever, may – in addition to the counterfeiting referred to in the previous article – constitute an infringement of the image rights and/or the privacy of the persons concerned.  

In this case, the person concerned appearing in the illegally distributed photos would be entitled to bring an action both on the basis of Article 9 of the Civil Code and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (right to respect for private life and right to one's image) and in the hands of the CNIL, on the basis of the protection of personal data.  

Any unauthorized use therefore exposes the third parties responsible to significant legal and administrative sentences. In order to respect the same GDPR, the Photographer will be obliged to inform her clients of any illegal use of personal data, including photographs or videos showing recognisable persons.  

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F. PAYMENT 

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The Site is currently only intended to promote contact between the Photographer and her interlocutors, clients, business partners. No online payment is offered on the website.  

Any request for information or quotation will be accompanied by a precise description of the proposed service, as well as the terms of payment (deposit, payment of the balance, payment terms and deadlines etc.). Payments will be made by cheque or bank transfer and will result in an invoice.  

The Client is responsible for the invoicing data that he will transmit to the Photographer and undertakes to provide complete and update data (name, first name, postal address).  

 

G. RIGHT OF WITHDRAWAL

 

1. Corporate Customers

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According to the law n°2014-344 of 17/4/2014, the right of withdrawal has been extended to off-premises contracts between two professionals, « provided that the subject of such contracts does not fall within the scope of the main activity" of the trader/client and the number of employees hired by it is equal to or less than five (Article L221-3 of the Consumer Code, resulting from Order no. 2016-301 of 14 March 2016).  

Therefore, any photographs' order placed by a small business operating in a sector totally different from photography, and with no more than 5 employees, may be subject to the legal right of withdrawal of 14 days.  

Consequently, when the Customer is concerned by these legal provisions, the notices below are also applicable :  

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• Any order placed with the Photographer by a Client who falls within the scope of this law may be subject to the right of withdrawal if the order was not placed in the Photographer's offices. Only orders placed at a distance or on the customer's own premises are subject to this right of withdrawal. 

• The right of withdrawal must be exercised by the Customer within 14 days of signing the contract submitted to him. 

• The Customer must express his intention to exercise the right of withdrawal using the form available here or send a registered letter to the following address :  

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Studio LAMPYRIS 
Mme Mélanie TOROK 
27 Route de Pitoys 
64600 Anglet 
 
or an email to studiolampyris@gmail.com  

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• Any urgent order whose execution would have been requested during the duration of this period of retractation will imply the express renunciation of the benefit of the period of retractation. 

• In case of valid use of the right of withdrawal, the amounts paid by the Customer will be refunded in total within the maximum legal period of 14 days.  

 

​2. Private Customers Clients

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When the services are provided to private customers, they have a right of withdrawal in accordance with the Consumer Code. Any photo shooting's order placed at a distance is subject to a 14-day withdrawal period (Art.L221-18 and following of the Consumer Code) for the benefit of non-business customers.  

 

When the order is made for a service to be performed within a period of less than 14 days, the Client will be invited to formally waive this period. 

In the event of a valid use of the right of withdrawal, the non-business Customer shall send a registered letter (model downloadable here) to the following address :  

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Studio LAMPYRIS 
Mme Mélanie TOROK 
27 Route de Pitoys 
64600 Anglet 
 
or an email to studiolampyris@gmail.com  

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In case of use of the right of withdrawal, the amounts paid by the Customer will be fully refunded within the maximum legal period of 14 days. 

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H. INSURANCE

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The Photographer has taken out and maintains civil liability insurance covering any damage for which she may be held responsible in the exercise of her activity.  

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I. MODIFICATION OF THE GTs 

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These GTs may be amended at any time. The modifications will only have effect for the future.  

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J. PRIVACY POLICY & COOKIES 

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1. Cookies 

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By continuing your navigation on this site (by clicking anywhere on this page), you accept the use of cookies to facilitate your navigation on the website and to realize audience measurements. 

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• What is a « cookie » ? 

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A cookie is a text file placed on your hard drive by the server of our website or online statistical services, such as Google Analytics. The purpose of this file is to collect information about your navigation (computer, mobile or tablet). 

The cookies issued directly by the Photographer's website are exclusively intended to allow and facilitate your navigation on the website. 

The purpose of the cookies issued by Google Analytics is to measure the audience of the website, in order to evaluate the published contents, functionalities and ergonomics of the website (see in particular : http://www.google.com/intl/fr/policies/privacy/partners/). 

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• How to accept or reject these "cookies" ?  

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You are able to decide at any time to accept or reject all or part of the cookies. However, we would like to draw your attention to the fact that refusing all or part of the cookies could prevent you from accessing certain features of our website. 

 

To manage your cookies, you should refer to the relevant sections of your Internet browser, including : 

• for Internet Explorer™ 

• for Safari™ 

• for Chrome™ 

• for Firefox™ 

• for Opera™ 

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2. Privacy policy

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In accordance with the General Data Protection Regulation (GDPR) in force since 25 May 2018, any request via the contact's form of the website will have the effect of communicating to the Photographer the contact details you have inserted. This information will be used exclusively to respond to your request.  

The Photographer undertakes to : 

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• Not to communicate this data to third parties, for any reason whatsoever, without your prior consent. 

• Use personal data only for the purposes for which you provided it. 

• Not to use them to send you other promotions, information or newsletters. 

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You can request the correction or deletion of your personal data at any time by sending an e-mail to  studiolampyris@gmail.com.  

Your request will be acknowledged and the necessary steps will be taken as soon as possible, with confirmation being sent to you in due course. 

Any complaint relating to the collection, processing or deletion of personal data is the responsibility of the CNIL (www.cnil.fr).  

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K. CONSUMER MEDIATION

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In the event of a dispute and after having informed the trader by registered letter with acknowledgement of receipt, any customer may refer the matter to a consumer mediator within a maximum period of one year from the date of the registered letter.

The contact details of the mediator who can be contacted by the customer are :

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Bayonne Médiation

32 rue du hameau

64200 Biarritz

www.bayonne-mediation.com

 

 

L. APPLICABLE LAW AND JURISDICTION

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These GTs are subject to French law.  

In the event of a dispute, the parties undertake to seek an amicable solution as a priority. 

Failing this, any dispute shall be brought before the courts designated by the Code of Judicial Organisation.  

By exception, and except for intellectual property disputes which the law already assigns to certain specialized courts, any dispute between the Photographer and a corporate client shall be subject to the jurisdiction of the courts of the Photographer's place of business, as determined by the rules on exclusive jurisdiction for intellectual property disputes.  

 

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LEGAL NOTICE 

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Publication director :  

Name : Mélanie TOROK 
Address: 27 Route de Pitoys – 64600 Anglet 
Siret : 833 560 592 00010 
eMail : studiolampyris@gmail.com  
Phone : 06 68 06 73 85 

 

Webmaster :  

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Name :  Mélanie TOROK
Address : 27 route de Pitoys - 64600 Anglet
eMail : studiolampyris@gmail.com
Phone :  06 68 06 73 85

 

Internet hosting company:  

Name : Wix

Company : Wix Online Platform Limited 
Address : 1 Grant's Row, Dublin 2 D02HX96, Ireland
eMail :  privacy@wix.com / abuse@wix.com

 

Credits :  

 

All photos on this website are subject to copyright. They are all the property of Mélanie TOROK.
Except :
"About" page : Mélanie TOROK's portrait by Nic McRobbie - https://www.mcrobbie.com.au

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