General Terms & Conditions of Sale
Article 1 : Application of the general conditions of services
The general conditions of sales apply to all the orders of services and products concluded between the Customers and – ” Utopic Lovers ” – AGUILAR Chloé Siret 837 833 789 00030 – PETELLE Fabien N° 893 843 458 00017 – Address of the company : 8 résidence du parc d’ardenay 91120 PALAISEAU – utopiclovers.com – firstname.lastname@example.org – + 33 18.104.22.168.78/ + 33 6 12 44 47 24
All the services realized by ” Utopic Lovers ” are subjected to the French law.
For all the contestations relative to the application of the present CGV or services realized by ” Utopic Lovers “, only the commercial court of Palaiseau will be competent.
In case of dispute relating to the interpretation or the execution of the service, the parties will seek, before any contentious action, an amicable agreement.
“Utopic Lovers” reserves the possibilitý to modify, at any time and without notice, the present General Terms of Sale in order to adapt them to the evolutions necessary to satisfy its activitý and the relationship with the Customers.
The GTCs defined below apply to all orders and all sales. Any order on the site or acceptance of a quote or service implies adherence to the GTC.
The customers declare to be of age and to pose freely for photos, following the style of ” Utopic Lovers “. (If one of the future spouses is a minor, the signatures of the parents or legal representatives are mandatory)
Article 2 : Orders
All orders must be subject to the signature and acceptance of the final estimate and the GCV by the clients. The date of the event is blocked only when the deposit is paid.
The selling prices are those applicable at the time of the order of a product or a sale of a service. The prices are net because VAT is not applicable, article 293 b of the general tax code, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition if necessary.
The customers can ask for an invoice at any time (edition on request).
The deposit constitutes a first payment to be used against the total price of the reportage. It is proof of a firm and irrevocable commitment by the parties to the contract. Any retraction of one of the parties may engage its contractual civil liability. (Except in cases of force majeure: see Article 3.2).
– 1st installment of 40 % at the signature of the contract.
– The balance in cash 15 days maximum before the date of the wedding
All orders other than those provided for in the initial contract will be invoiced at the rate in effect on the day the order is received.
The payment of the ordered products is to be paid in full on the day of the order. The products not paid in full remain the property of ” Utopic Lovers ” and will not be delivered.
Any default of payment will authorize ” Utopic Lovers ” to stop any service, and can give place to pursuits. Any delay of payment will give place to the payment of interests at the minimum rate envisaged by the article L441-6 of the Commercial code (legal interest multiplied by three), payable by rights and without recall, calculated on the amounts net of tax.
Article L 441-4 of the Commercial Code specifies that: “Any violation of the provisions of Article L 441-3 is punishable by a fine of 75,000 euros.
For any delay in payment from the day after the wedding, a late payment penalty will be applied: “the late payment penalty rate is equal to 2%” per day.
All products or services offered by ” Utopic Lovers ” will not be able to claim in any form whatsoever to an exchange of another product or service, nor to a refund.
Article 3 : Cancellation
3.1 Cancellation by the Customers
In case of cancellation of a service that has become definitive by contract, it is reminded́ that in accordance with legal provisions, the amount of the deposit is acquired to Utopic Lovers and will not be refunded. To this will be added the payment of the totality of the remaining balance.
3.2 Cancellation by ” Utopic Lovers
No cancellation can be made by ” Utopic Lovers “, except in case of force majeure duly justified.
In case of force majeure, ” Utopic Lovers ” commits itself to contact another partner photo and/or video service provider to realize the service. However, it can be difficult to find, with the same quality and in a short time, a professional provider of replacement at the same rates and the same level of quality.
In case of impossibility to find an alternative, and subject to demonstrate the case of absolute necessity which prevents him from carrying out his service, no compensation could be claimed to ” Utopic Lovers “. The latter will proceed to the total refund of the amounts paid by the customers.
3.3 Change of date
Any change of date of the service is considered as a cancellation.
If ” Utopic Lovers ” is available for the new date, a new contract will be proposed. “Utopic Lovers ” cannot be held responsible if it is unable to provide the service on the date finally fixed. If the cancellation is due to a case of force majeure duly demonstrated by the customers, the deposit and the possible penalties will be returned to the customers.
The clients will also have to reimburse the expenses incurred by ” Utopic Lovers ” (purchase of albums, rental of material, hotel,).
3.4 Force majeure
In case of force majeure only (on justifications), ” Utopic Lovers ” will make a commercial gesture by keeping only 150 € on the amount of the deposit (they cover the preparation expenses) and by not asking for the balance to be paid.
Are considered as ” force majeure ” only the external events, independent of the will of ” Utopic Lovers ” and the customers, unforeseeable and insurmountable making impossible the execution of the obligations. The party which invokes a case of major force will have to bring the proof.
The cases of major force are :
– Death of relatives (future spouses, parents, grandparents and children) – Serious illness, long illness and accident (cancer, hospitalization, fracture preventing you from moving). Proof may be requested.
In case of deception, ” Utopic Lovers ” will file a complaint with the Tribunal de Grande Instance for damages.
3.5 Covid 19 : postponement and cancellation
In order to avoid that too many weddings are postponed in advance without any major proven risk, thus risking to jeopardize the perenity of Utopic Lovers. Any request for postponement or cancellation will have to be justified and valid according to the conditions of Utopic Lovers.
For a postponement or a cancellation with refund of the deposit to be validated, it will be necessary that :
Utopic Lovers has been included in the exchanges with all the other providers (especially the domains and caterers).
A minimum of two rescheduling dates must be proposed to Utopic Lovers.
An additional cost may be applied if the postponement is on an important date (Saturdays between June and September).
Options can be made in advance in order to anticipate a risk of postponement. These option dates can only be released and validated if it is proven impossible to get married on the initial date.
The wearing of a mask at the town hall and/or at the church as well as the restriction of the number of guests obliging the customers to withdraw 15-20 people from their list in order to enter the authorized quota, are not valid reasons giving the right to a postponement or the cancellation with refunding of the deposit of the marriage.
Article 4 – Conditions of shooting
4.1 Authorization of the person in charge of the religious and/or civil service
The customers commit themselves to verify (and if need be to obtain) the agreement of the person in charge of the religious and/or civil service on the principle of the shootings. Utopic Lovers ” cannot be held responsible in case of refusal of the person in charge before or on the day of the ceremony, if these circumstances prevent totally or partially the realization of the service.
4.2 Other service providers / guests
The clients guarantee that they have not called upon any other service provider to cover the event. If not, they immediately inform ” Utopic Lovers ” in order to allow a contact between the two providers in order to determine the modalities of their respective interventions. The responsibility of ” Utopic Lovers ” cannot be sought in case of embarrassment caused by the second provider, or even the guests or relatives of the Bride and Groom. The customers commit themselves to obtain from their guests that they leave permanently the priority to ” Utopic Lovers ” for the shots, without hindering or obstructing the latter.
4.3 Follow-up of the instructions / Unit of services / Material
“Utopic Lovers” needs a set-up time before any main event. “Utopic Lovers needs at least 3 minutes to start its audio recording and prepare its cameras before a major event such as speeches or cake cutting.
“Utopic Lovers is not responsible for missed images due to miscommunication on the part of the wedding planner.
Clients agree to follow the instructions of Utopic Lovers. The service of ” Utopic Lovers ” takes place in one piece. His presence time cannot be split unless previously agreed upon by the parties. In order to allow quality shots, clients commit to organize the day in such a way as to reserve a moment alone with ” Utopic Lovers ” for the couple session.
“Utopic Lovers” commits itself to provide itself with sufficient material to ensure the whole of its services and to take care to use a material in good state of maintenance and operation. He will bring the necessary care to the progressive safeguard of the memory cards and to their later post-processing in the rules of the art. However, he will not be responsible for an unexpected breakdown of a part of his equipment, this case being considered as a case of force majeure preventing the delivery of part of the photos and/or videos.
4.4 Bad weather
In case of weather conditions preventing the normal course of the shooting, and essentially of the couple session, an alternative solution will be defined as far as possible in advance and set up in order to meet the obligations of the contract. The customers recognize that an unfavorable weather can affect partially or totally the result of the shooting and the quality of these, without the responsibility of ” Utopic Lovers ” being engaged.
4.5 Shooting and attitude of the guests
The customers authorize ” Utopic Lovers ” to take pictures and videos of all the guests and persons present during the event. They will be personally responsible for any dispute from one of the guests and will find an agreement with him/her in the framework of the diffusion of the photos and videos in the family environment.
“Utopic Lovers” commits itself not to use for promotional purposes the photos representing some of the recognizable guests without obtaining the prior agreement of the latter.
The customers commit themselves to help ” Utopic Lovers ” in this hypothesis, and to allow ” Utopic Lovers ” to get in touch with the person concerned.
“Utopic Lovers ” will try to obtain pictures of all the guests but will not be held responsible if some people have not been photographed and/or filmed.
The clients will make sure to present to ” Utopic Lovers ” before the ceremony, the important people (witnesses, parents, close friends, etc.) of whom it is imperative in their eyes that they appear on the report.
In case of divergence between the instructions of the bride and groom and those of their close friends and family, the former will be privileged and will bind only ” Utopic Lovers “.
“Utopic Lovers ” will not be held responsible if photographs/sequences are not taken or are spoiled by the presence of guests who hinder the good progress of its services.
4.6 Drone and aerial shooting
The drone option is offered and included automatically in each video service, it aims to bring context and relief to the final film.
This service is not a right but an additional and free service, at ” Utopic Lovers ” discretion.
“Utopic Lovers ” cannot be held responsible for the non-use of the drone during the event, if the weather conditions are unfavorable or if the necessary authorizations to fly have not been given.
“Utopic Lovers” will not fly over groups of people and will not take aerial photographs of the guests for safety reasons.
If the customers have specific requests concerning the use of the drone and that ” Utopic Lovers ” is not able to carry them out, it will be possible to call upon a specialized service provider to subcontract this particular request (On estimate and at the expense of the customers)
Article 5 : Artistic style
The customers recognize that they are familiar with the work and the style of ” Utopic Lovers “, and solicit its services with full knowledge of the facts and because of its artistic style.
They also acknowledge that the work of ” Utopic Lovers ” is constantly evolving, and that the photographs/videos may not be identical to those already viewed in ” Utopic Lovers ” portfolio or communication materials.
“Utopic Lovers ” commits itself to put in the realization of the reportage, whatever the working conditions, all its potential and its artistic judgment to create images in relation with its personal vision of the event, in the style and the lineage of what was shown to the customers to determine their choice.
Clients agree to actively participate in the session, respecting the guidelines of “Utopic Lovers”. They will share their wishes and ideas in order to enrich the photographic series, and are aware that their involvement is a determining factor in the success of the couple’s session.
During the group sessions, they commit themselves to direct their guests in order to allow an organization as effective and fast as possible.
Article 6 : Hours and overtime
The service will be of a duration determined by the parties on the estimate.
It will begin and end at the time chosen by the customers, validated and written on the estimate at the time of the signature.
It will begin at the earliest at 9:00 am, and will end at the latest at 1:00 am.
The cost of the additional hours is calculated as follows
– 1h00-1h30 : 100€ (200€ for photo + video)
– 01h00-2h00 : 200€ (400€ in photo + video formula)
Any overrun, even of 10 minutes, will result in the billing of the entire half hour.
Before the overtime, you will be notified verbally. If the verbal agreement is given, the invoice will be sent to you on Monday, and will have to be paid before sending the images.
It is reminded that it is up to the customers to be aware of any overtime. Utopic Lovers” cannot be held responsible for any overrun, this one being dependent on the catering service for the “pièce montée”, and on the entertainer/DJ for the dancefloor/ball opening part.
Article 7 : Delivered products
“Utopic Lovers” is asked to select the photos to be included in the album. “Utopic Lovers” then realizes the layout and submits the result to the customers who must accept the proof of print. Once the customer has given his approval, the album is sent to the service provider who manufactures the album and takes care of the shipping. No refund or cancellation of printing will be made after customer approval of the proof. Please note that ” Utopic Lovers ” invoices the layout, after 3 refusals of validation BAT by the customers.
For any paper print, poster, album it is advised́ to call ” Utopic Lovers ” who will know how to find the right ratio and the right file format to print. “Utopic Lovers” disclaims any misuse of the files & photos provided.
The customers who choose a service provider for the prints will personally ensure the quality of the work of this one without being able to formulate against ” Utopic Lovers ” the least complaint as for a possible insufficiency of quality of the prints.
Article 8 : Optimization and retouching
8.1 Raw files
No photo, no raw file (RAW and LOG format) will be given to the customers, and cannot be demanded. “Utopic Lovers” reserves the right to destroy them in the time that suits it. Digital files are delivered to customers in JPEG format for photos and .MOV/.MP4 for videos.
No audio recordings (speeches etc.) will be given to clients and cannot be demanded, unless previously agreed between the parties and mentioned on the quote.
8.2 Processing (colorimetry, etc.)
Like the shooting, the processing, the selection of the photos/sequences and the editing of the sequences is specific to the identity and style of “Utopic Lovers” and is included in each final photo/sequence delivered to the clients (processing and simple retouching).
Each photo and video sequence is selected and receives a personalized color treatment (skin retouching if necessary and on demand for photos). “Utopic Lovers” does not use any “filter” but a colorimetric/calibration/contrast/brightness treatment adapted for each photo and sequence.
All the photos/sequences are processed – one by one, to have an optimum rendering, personalized according to the personal touch of “Utopic Lovers”.
8.3 Photo retouching
Retouching is possible as far as feasible, on request with non-complex retouching called “simple”.
Complex retouching may be subject to additional pricing. The notions of “complex or simple” retouching are at the discretion of ” Utopic Lovers ” and will be indicated to the customers.
The retouched photos on demand are made & delivered by ” Utopic Lovers ” according to the feasibility and its expertise for an exploitable optimization.
For a request of reworking on already validated retouching, the retouching rate applies for a new representation (7€/photo HD).
The possible changes or retouching are to be indicated at the time of any choice or purchase or sending. Any request for retouching AFTER a completed file will be charged.
Simple retouching (included if needed): Attenuation of dark circles & wrinkles, removal of pimples & scars on the face of the bride & groom.
Complex retouching (additional pricing): Removal of embarrassing elements (hair, people), reduction of size & shape, …
Modifications (cropping, retouching, color treatment…) : The modifications of a photo are only realized by ” Utopic Lovers “.
The retouching are to be asked by email to ” Utopic Lovers ” before any order (digital or paper). Once in production, it will be too late.
8.4 Video retouching
If the customers wish that modifications are made on the delivered video, they must make the request under 15 days maximum. Is included free of charge in each video service, the possibility to ask once for the modification of the initially delivered video, i.e. the customers can ask to add or remove shots, speeches or musics within the limit of the reasonableness and the capacities of “Utopic Lovers”.
If this second version is still not convenient for the customers, an additional cost will be applied for each new requested modification. These new modifications can lead to the extension of the delivery time of the final video for which ” Utopic Lovers ” cannot be held responsible.
Article 9 – Digital files, hosting, storage and conservation
“Utopic Lovers ” commits to keep the final photos/videos at the disposal of the customers for a period of 6 months from the delivery. After this period, in case of loss or deterioration of the images by the customer, ” Utopic Lovers ” cannot guarantee their duplication.
The customers are conscious of the limited duration of the digital supports, and invited to make backups in sufficient quantity and on various supports.
The possession of the digital files does not confer to the customers the intellectual property rights on the images and sequences which they contain and their delivery does not thus make obstacle to the application of the article 14.1 hereafter relating to the royalties.
Article 10 : Travelling expenses, meals and accommodation
The travel expenses have been included in the estimate/fixed price of the wedding, only for the places indicated on the last page of the GCS.
Any change of location will result in a charge per additional kilometer, excluding toll charges.
Utopic Lovers” meals are at the charge of the clients, who must guarantee a correct meal
– Lunch : cold, sandwich / salad type.
– Evening meal : hot meal.
If the service starts before 11:30 am, the lunch will be requested.
10. 3 Accommodation
The accommodation if necessary is at the charge of the customers. This will be requested if the departure from home to be at the morning meeting is earlier than 7:30 am.
Also if the service ends late (after midnight (00:00)) and there is more than 1h30 drive to return home.
In the case of an accommodation, ” Utopic Lovers ” takes care of the reservation, the amount will be indicated on the estimate and signed by the customers.
Upon request, an invoice can be presented.
Attention : if you cancel the service, and a hotel is already booked without any possibility of cancellation, this one will remain at your expense in addition to the remaining balance (article 3)
If the location of the service changes or is not yet precisely defined at the time of signing the contract, customers will have to pay the costs incurred.
In all cases, the customers will support the load of the additional expenses (access fees charged in certain places, expenses of obligatory paying parking, etc.) on production of the justifications by ” Utopic Lovers “.
When time overruns prevent ” Utopic Lovers ” from traveling in the agreed terms, Customers will bear the consequences of any additional cost related to the replacement or modification of the train/airplane/hotel ticket.
Article 11 : Your responsibility (customers)
Any request of services validated by a signature on the estimate and contract commits you to implement all the means so that this one is carried out, that it is photographs and sequences of couple, group etc.
Article 12 : Responsibility of ” Utopic Lovers
The obligation put at the charge of ” Utopic Lovers ” is a simple obligation of means.
And although ” Utopic Lovers ” pays a great attention to the storage of the data, ” Utopic Lovers ” declines consequently, with regard to the direct or indirect prejudice that could be suffered by the customer, any responsibility in case of loss, theft, or accidental handling, involuntary destruction or computer breakdown of the source files, photographs and video rushes etc.
The responsibility of ” Utopic Lovers ” could not be committed in case of force majeure or fortuitous event. “Utopic Lovers ” has an insurance for the damages that it could unfortunately cause during one of its services.
In any case, the responsibility of ” Utopic Lovers ” is limited to the amount of the requested service.
Article 13 : Delivery of the photos and videos as well as the supports
13.1 Digital delivery time
The photos are presented to the customers within 10 weeks after the D-day and the videos within 14 weeks after the D-day via a private online gallery and/or a VIMEO link.
A delay in delivery or execution cannot be invoked by the customers to request the cancellation of the contract, claim damages or assert any other claim.
The delivery of the digital photos and videos is carried out once the customers have paid the entire amount indicated in the contract/quotation (deposit and balance included). Any delay in payment may result in charges and therefore a delay in the delivery of the photos pending full payment.
13.2 Private online gallery (customer access)
A private online gallery is included in each wedding package.
Once ” Utopic Lovers ” has selected and processed the photos, it communicates to you by email the private link to see your photos on an online gallery. You can invite your friends and family to view your album and download the gallery for free.
The private gallery will remain online for 6 months.
13.3 Delivery of media (USB, Prints, Albums etc)
“Utopic Lovers” does not physically deliver any photo, neither paper support nor USB support, everything is sent by post or by download (according to weight and modalities). Any change of address once the order is placed will not be taken into account.
The delivery of media (USB, prints, albums …) is made according to the valid addresses of customers. In case of invalidity, false address, changes or return to sender, the cost of returning the package and / or prints will be charged to customers.
The control of the conformity of the order and its good condition must be done within 3 days from the reception of the album and/or the photo prints. After this period, no claim can be made.
During a postal sending, the customers accept moreover the risk that the photo prints; Albums and/or USB can be given to a third party because of an error of distribution, “Utopic Lovers” not being able to ensure the handing-over of the photos to its recipient.
– The deadline for the delivery of the USB is 6 weeks minimum.
– The delay for the delivery of the albums is of 6 weeks minimum.
– The deadline for the delivery of the photo prints is 6 weeks minimum.
For any additional order, the deadline will be indicated to the customers at the time of their order.
The above mentioned delays can be extended in some particular circumstances beyond the control of ” Utopic Lovers ” : supplier’s stock shortage, strikes, etc.
“Utopic Lovers ” is not responsible for the possible delays of the providers concerning the printing or the delivery (photo albums, prints, Post office…).
The shipping costs of the products included in the initial offer are included in the cost of the service. The shipping costs of additional products are the responsibility of the customer and will be indicated at the time of the order.
Article 14 : Image rights and intellectual property rights
14.1 Intellectual property
The eventual delivery of photos and videos on digital media does not imply the transmission of intellectual property rights on the delivered photographs (Art. L111-3 of the Intellectual Property Code).
The images/sequences delivered are only for use within the family circle understood in the broad sense (family and guests).
No publication will be able to intervene on paper support (magazine, press etc.) or virtual (Internet site with commercial use, transfer of rights to thirds) without the agreement of ” Utopic Lovers “.
Any violation of this provision will be constitutive of counterfeit within the meaning of the article L335-2 of the Code of the Intellectual Property.
The customers will not proceed to any modification of some nature that it is.
Any modification will be considered as an infringement of the integrity of the images, which may also lead to prosecution for infringement.
Any digital use, strictly for family or private purposes, even on a public medium (social networks) must be done using only the files present on the medium delivered, without alteration, application of Instagram filters or others.
Any use by the customers in accordance with the present contract will be accompanied by an explicit reference to the site of ” Utopic Lovers ” under the following form: Credit: Photographer and/or Videographer – Utopic Lovers – https://www.utopiclovers.com/
The customers commit themselves to inform ” Utopic Lovers ” of any fraudulent use that they would have noticed. The use of the photos by the customers is for personal use only, no commercial use, sale, promotion is granted without the prior agreement of both parties.
14.2 Right to the image
The customers agree by signing this agreement that some photographs/videos may be used on the communication supports of :
” Utopic Lovers “.
Website and blog
Books, brochures, flyers, business cards
In the offices occupied by ” Utopic Lovers “.
On all existing or future media allowing the promotion of ” Utopic Lovers “.
Website and webmagazines dedicated to photography in general or to wedding photography in particular
On a book presenting exclusively or partly the work of ” Utopic Lovers “.
Within the framework of artistic exhibitions, fairs, and/or photographic contests, including the right of reproduction for catalogs, posters, flyers and press kits, articles of local, national or international specialized press.
“Utopic Lovers” commits itself to keep the customers informed of the different publications of their photographs.
“Utopic Lovers ” commits itself not to use the photographs for purposes that could harm the persons represented.
No use will be made by ” Utopic Lovers ” outside its own communication needs.
No right will be given to third parties without the authorization of the clients who appear in the pictures. This authorization is granted for a period of 50 years as from the signature of the present agreement.
The customers having refused any use of their image for promotional purposes, a supplement of 5 % of the basic price of the formula could be applied at the time of the invoicing.
Article 15 : Data processing and freedom
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, the treatment of personal information relating to the users and customers, the customers have a right of correction and suppression of the data relating to it. This right can be exercised at any time by sending an e-mail to email@example.com
Article 16 – Change of formula – Withdrawal
16.1 Change of formula
At any time, customers can choose to change to a higher package, but the reverse is not allowed.
When the contract has not been concluded in the offices of ” Utopic Lovers “, the law allows customers to retract during 14 days from the signature (Art. L121-29 of the Consumer Code). In case of retraction within the legal time limit, the deposit will be fully refunded.
Article 17 : Applicable law
The parties agree that the present general conditions of services are governed by French Law.
This contract is valid, without territorial limitation, for an unlimited period. The files will be then archived in our premises for an unlimited duration. They remain the property of ” Utopic Lovers ” in accordance with the rights on the Intellectual property and the neighbouring rights.
Article 18 : Settlement of disputes
Any complaint will have to be carried out by registered letter with acknowledgement of delivery in the 5 days of the service or the delivery of the incriminated product, holidays included, postmark being taken as proof.
In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before any legal action.
Failing that, the parties agree that any dispute arising from this contract will be brought before the competent judicial courts.
Article 19 : Reproduction and protection
The whole site including texts, logos, images, as well as all documents such as quotations, GTC, pdf of presentation, tariffs are protected, dated and deposited with a bailiff. Any reproduction, in whole or in part, is strictly forbidden under penalty of legal action. The signature of a reservation materialized by the present contract implies the full acceptance of its content. No contrary condition could be invoked against ” Utopic Lovers ” without the prior written agreement of the latter. Any modification will give place to the signature of a rider or a handwritten addition on the present contract, which addition should be signed by both parties.