Terms of sale

1. Identity

Axel Hoarau, photographer, sole trader, 13 rue Amiral Cécille, 76100 Rouen, France. SIRET 989 416 151 00011, NAF code 74.20Z, EU VAT number FR62989416151. Contact: contact@axelhoarau.com, +33 7 81 61 24 38. Hereafter “the Photographer”.

2. Scope

These terms apply to the Photographer’s services: shooting, retouching, delivery of images, prints and assignment of rights. They cover private and professional clients. Rules specific to one category say so.

The quote prevails over these terms in the event of a conflict. The applicable terms are those in force on the date of the quote.

3. Quote and order

Each project is covered by a quote detailing the service, price, timing, rights assigned and travel costs. Unless stated otherwise, it is valid for 30 days.

The order is firm once the Client has signed the quote and paid the deposit, subject to article 6 for private clients.

4. Prices and travel

Prices are in euros and shown on the quote, with the applicable VAT status.

Travel is included in Montpellier and Rouen. Elsewhere, it is charged in addition: transport, accommodation and meals if needed. The amount, or how it is calculated, appears on the quote. No unannounced cost can be added without the Client’s agreement.

5. Deposit and payment

A deposit of 30% of the total planned amount is due on ordering. It is a part payment (acompte), not a forfeitable deposit (arrhes): it binds both parties and is deducted from the price. The balance is due within the period shown on the quote and on the invoice.

Final images are delivered after full payment, unless the quote says otherwise. No discount is given for early payment.

In the event of late payment:

• Professional client: penalties equal to three times the French legal interest rate, without reminder, and a fixed recovery fee of €40.
• Private client: interest at the legal rate after a formal notice has gone unanswered.

6. Withdrawal (private clients)

A private client who signs remotely or away from the Photographer’s premises has 14 days from signature to withdraw, without giving a reason. Writing to contact@axelhoarau.com is enough. Sums paid are refunded within 14 days.

If the Client expressly asks for the service to begin before this period ends and then withdraws, they pay for the part already performed. If the service is fully performed with their express agreement before the period ends, they lose this right. This right is also excluded for prints personalised to their choices.

7. Cancellation and rescheduling

By the Client, after ordering and outside withdrawal. Cancellation must be made in writing and requires payment of a share of the total price, deposit deducted, to cover the reserved date and preparation:

Costs already incurred and non-refundable are due on proof. Nothing further is due if the Client proves force majeure.

Rescheduling by the Client. Rescheduling requested more than 14 days before the shoot is free, once, subject to availability. After that period, or beyond one rescheduling, it is treated as a cancellation.

By the Photographer. If the Photographer cancels without force majeure and does not offer a date that suits the Client, all sums paid are refunded. If prevented by illness or force majeure, the Photographer offers a new date or a replacement photographer accepted by the Client, failing which the sums paid are refunded.

Weather. Weather making the shoot impossible allows rescheduling at no cost, by mutual agreement.

8. Delivery

Timing, format, number of images and number of retouches depend on the project and appear on the quote. Where no date is given, delivery takes place no later than 30 days after the shoot for a private client.

The Photographer selects and retouches images according to their artistic approach. A Client who approves a style based on the portfolio cannot dispute that style after delivery. Additional retouching is subject to an extra price agreed in advance.

9. Retention and conformity

The Photographer keeps the delivered files for 6 months after delivery, with no guarantee beyond that. The Client must download and back up their files. Raw files are not delivered, unless stated on the quote.

The Client reports any delivery error or image not conforming to the quote as soon as possible. Private clients keep the legal guarantees of conformity and against hidden defects.

10. Copyright

The Photographer remains the author of the images and holder of the rights. Only rights specified in writing are assigned, once the price has been paid in full.

• Private client: unless stated otherwise, personal use and posting on their personal social networks, for non-commercial purposes.
• Professional client: uses, media, territory and duration are stated on the quote or in the assignment contract.
• Any other use: advertising, resale, press, reuse by a third party or training an artificial intelligence, only on request and with the Photographer’s written agreement.

The Client respects moral rights: they credit “Axel Hoarau” where possible and do not alter or crop the images in a way that distorts them.

11. Portfolio and image rights

The Photographer may show images without a recognisable person in their portfolio and communications, unless the Client refuses in writing or the quote provides for confidentiality.

For a recognisable person, this display requires their written consent, obtained on the quote or by separate authorisation. This consent specifies the media and duration, and can be withdrawn for the future. For a minor, consent comes from the holders of parental authority.

A Client who involves other people or provides works, places or brands ensures they have the necessary permissions. Anyone photographed can request removal of an image at contact@axelhoarau.com.

12. Liability and force majeure

The Photographer uses the professional means expected. The Photographer is not liable for delay or loss caused by the Client, a third party or force majeure. With a professional client, liability is limited to the price of the service concerned, except for gross negligence or intentional fault. These limits do not reduce a private client’s legal rights.

13. Personal data

The Client’s data is used to perform the service, invoice and meet legal obligations. Its processing and the Client’s rights are described in the privacy policy.

14. Mediation and disputes

The parties first seek an amicable solution in writing. After a written complaint left unresolved, a private client can refer the matter free of charge to the consumer mediator. Membership with CM2C is in progress: its details will appear here once confirmed.

These terms are governed by French law. Failing agreement, the competent courts are seized according to the legal rules.