General terms and conditions of sale

These general terms and conditions of sale (GTC) apply to all services and products offered for sale on the website www.thibaultabraham.com by Thibault Abraham, a sole trader. Any order implies full and unreserved acceptance of these GTC, which supersede any other document. These terms are accessible at any time on the website and shall prevail, where applicable, over any other version or contradictory document.

1. Seller identification

• Thibault Abraham, individual entrepreneur (EI)
• Professional photographer
• Address: 57 Rue de Vouillé, 75015 Paris
• Telephone: 06 27 31 61 12
• Email: contact@thibaultabraham.com
• SIRET: 878 449 321 00016
• Micro-entrepreneurs subject to the VAT exemption scheme (art. 293 B of the French General Tax Code): VAT not applicable

2. Products and services concerned

The site offers the following for sale:

• customized photographic services (wedding, events, corporate, portrait, product, retouching, training);
• art prints and prints (“wall art”), made to order by a partner printing laboratory.

The essential characteristics of each service or product (content, deadlines, prices) are presented on the corresponding pages of the site before any order is placed.

3. Price

The prices displayed on the website are in euros, net of taxes : the Seller operates as a micro-enterprise and benefits from the VAT exemption threshold provided for in Article 293 B of the French General Tax Code. No VAT is charged, nor can it be claimed by the customer. The applicable price is the one in effect on the day the order is placed; the Seller reserves the right to modify its prices at any time, without affecting orders already confirmed.

For customized services subject to a quote or specific contract, the pricing conditions and payment schedule are those defined in this contractual document, which supplements these General Terms and Conditions and prevails over them in case of contradiction on these points.

4. Ordering and payment

4.1 Photographic Services. All bookings are confirmed after prior communication (contact form, quote) and, where applicable, the signing of a service contract. A deposit , generally around one-third of the total amount, is required to confirm the booking; this constitutes a firm and final commitment from both parties within the meaning of Article 1590 of the French Civil Code. The balance is payable according to the terms and due date specified in the quote or contract.

4.2 Prints and products. Payment for prints and other products ordered online is made in full at the time of ordering, via secure payment through the Stripe provider.

4.3 Payment Methods. Depending on the nature of the order: secure online payment by credit card (Stripe), cash, instant bank transfer (Lydia, Revolut, PayPal, Wero), or traditional bank transfer. Online payment information (card number) is processed directly by Stripe and is neither stored nor accessible to the Seller.

4.4 Default of payment. For professional clients, any delay in payment will automatically result, after a formal notice has remained unheeded for 8 days, in a fixed compensation of €40 for recovery costs as well as late payment interest at the legal rate in force.

5. Right of withdrawal

5.1 Customized Services. In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of services fully performed before the end of the withdrawal period with the consumer's express prior consent, nor to contracts for the supply of goods or services made to the consumer's specifications or clearly personalized. The photographic services offered on this website (sessions, photojournalism, retouching, training) are, by their nature, customized to each client's requests: they are therefore not subject to the 14-day right of withdrawal. Payment of the deposit referred to in Article 4.1 constitutes a firm commitment, non-refundable in the event of cancellation by the client, subject to the provisions of Article 6 relating to force majeure.

5.2 Custom prints. As prints and printings are made to order, on the dimensions and media chosen by the customer, they also fall under the exception provided for in Article L.221-28 3° of the Consumer Code for goods made to the consumer's specifications; the right of withdrawal therefore does not apply to these orders once production has started at the partner laboratory.

6. Cancellation and Force Majeure

In the event of cancellation by the client of a confirmed service, the deposit paid remains the property of the Seller. In accordance with Article 1218 of the French Civil Code, in the event of force majeure, the parties shall endeavor to renegotiate the terms of the service (including rescheduling). If the Seller is unable to provide the service due to a major circumstance, they shall inform the client as soon as possible, propose an equivalent alternative if possible, and failing that, proceed with a full refund of all sums paid, without further compensation.

7. Timeframes and delivery

7.1 Photographic Services. Unless otherwise specified in the quote or contract, photographs for selection are made available via a private online gallery within 3 business days after the final session. This gallery remains accessible for 1 month, extendable upon request. The final, high-definition files are delivered within 1 to 2 weeks after selection by the client. If no selection is made within the allotted time, the Seller will select the number of photos included in the package so that the client receives the paid-for service. If the client is not satisfied with the result of retouching, they may request revisions, limited to two (2) revisions per photo, upon written request specifying the elements to be corrected. Beyond these two revisions, any further retouching requests for the same photo will be billed separately. Such a disagreement is considered to stem from an insufficiently defined initial direction by the client rather than a failure of execution by the Seller.

7.2 Prints. Prints are produced on order by a partner printing laboratory and shipped directly to the customer; the manufacturing and delivery times indicated on the product page are given as an indication and may vary depending on the workload of the laboratory and the carrier.

8. Intellectual Property and Usage Rights

The photographs taken by the Seller remain their exclusive property and are protected by copyright (Articles L.111-1 et seq. of the French Intellectual Property Code). The purchase of a service or print does not entail the transfer of any reproduction or display rights beyond the client's private and personal use, unless expressly stipulated otherwise in the service contract. Any commercial, advertising, or republication use of the images requires the Seller's prior written consent. Details of the rights transferred for each service are specified in the applicable photographic service contract. Any transfer of rights granted is only effective upon full payment of the agreed price; in the absence of full payment, the Seller retains all rights to the works, even if the files have already been transmitted.

If the client requests the Seller to create a design or composition incorporating elements they provide (logos, text, photographs, or third-party visuals), they guarantee that they hold the necessary rights to these elements or have obtained authorization from their rights holders. The Seller is not obligated to verify the origin or ownership of the rights to these elements; in the event of a third-party claim regarding this matter, the client assumes sole responsibility and indemnifies the Seller against any resulting financial or legal consequences.

9. Responsibility

The Seller is bound to its customers by an obligation of means and not of result: the artistic rendering of the photographs (framing, light, retouching) is a matter of its own interpretation and sensitivity, and cannot be the subject of an obligation of result.

The Seller will make every reasonable effort to ensure the quality of its services and products. Its liability shall not exceed the total amount paid for the service or product in question, nor in the event of non-performance or improper performance attributable to the customer, a third party, or force majeure. Regarding prints, responsibility for production and shipping is shared with the partner printing laboratory, an independent service provider.

10. Complaints and mediation

Any complaint relating to an order can be sent by email to contact@thibaultabraham.com. In accordance with Articles L.612-1 et seq. of the French Consumer Code, any consumer customer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute, in the event that a prior written complaint has remained unresolved for one month.

• MEDICYS
• 73 Boulevard de Clichy, 75009 Paris
• www.medicys.fr

11. Personal data

The personal data collected during an order is processed in accordance with the site's privacy policy , which details the purposes, legal bases, retention periods and rights of the persons concerned.

12. Applicable Law and Jurisdiction

These general terms and conditions of sale are governed by French law. In the event of a dispute, and failing an amicable resolution or resolution through mediation, the French courts shall have exclusive jurisdiction, in accordance with the applicable rules of territorial and subject-matter jurisdiction.

13. Amendment to the General Terms and Conditions of Sale

These terms and conditions of sale may be modified at any time to reflect changes in law, regulations, or the Seller's business activities. The version applicable to an order is the one in effect on the website at the time the order is placed.