On conclusion of a contract with Reelportrait®, the customer agrees to accept our general conditions of sale and the conditions for the use of Reelportrait®'s photos. Each order assumes a participation, without restrictions or reservation of the current general conditions of sale.

1 - Content

The current general conditions of sale indicate in the one hand that all possible buyers are informed about the conditions and modalities, under which Reelportrait® accomplishes the sales and the supply of the ordered photographs. On the other hand they define the rights and obligations of the parties to the contract concerning the sale of photographs by Reelportrait® to the buyer. They are valid without restrictions or reservation for all photographs sold by Reelportrait® over its website “www.reelportrait.com”.

Consequently it is necessary that everyone, who would like to buy one of the photographs offered on Réelportrait®'s website, accepts the current general conditions of sale and use of the photographs completely and that the buyer indicates that he has taken note of his order.

Before delivery is effected the buyer has to declare that he is in the full possession of his legal competence and capacity, which permit, to commit himself concerning these general conditions of sale. Reelportrait® reserves the right to be able to change this general conditions of sale at any time.

2 - Identitty of Reelportrait®

Reelportrait ®
Joëlle Dollé Photographe
422 914 267 N° Intra-communautaire : FR 79422914267
126 rue de Belleville
75020 PARIS - FRANCE
Telephone : +33 (0)1 48 04 70 85
Email : contact@reelportrait.fr

3 - Access to the website

The buyer uses his own computer and telecommunication technology to enter the website “www.reelportrait.com”.

The buyer bears both the telecommunication costs as well as the costs for entering and using the website.

4 - Conclusion of Sales Contract and Order

4.1 - All offered photographs are subject to the principle of the mental property (law No. 92-597 from 01 July 1992). The user (customer) does not possess a proprietorship to the supplied photographs, he has only the license to use the photographs, in accordance with the conditions specified below.

4.2 - A preliminary quotation is suggested to the customer. After confirmation of the customer's choice (of the photos) a final quotation is transfered, which will be validated by Reelportrait® within 48 hours, after agreement with the models and after examination of the availability of the photographs. In case of an unavailability of a photograph Reelportrait® informs the customer immediately. In accordance with the regulations of the article L121.20.3 of the Consumer Act, he can, with the help of Reelportrait®, find a similar photograph in an equivalent quality and price.

4.3. - The dispatch of each file or each scanned negative image is bound to a previous acceptance of the order form or the definite quotation marked “declaration of consent” and with the stamp of the enterprise and the signature of the person in charge on it.

4.4.1 - Dispatching the photographs in the form of digital ftp - files is free of charge for the client. Dispatching the photographs via registered mail or courier in form of CD-ROMs, DVDs or non removable disks, is for the account of the customer. The transmission of the high-resolution files is effected on receipt of order.

4.4.2 - «Photo maquettes» are photographs in middle resolution provided with a hardly visible emblem, making the realisation of the layouts possible. They are used for the purpose of presenting them to the final consumer only and remain internally. The dispatch of the «Photo maquettes» is free.

4.5 - The amount of the reproduction costs is calculated in accordance with the purpose of use, using a reference table. The transmission of the costs is calculated in accordance with the number of persons present on the image and the intended purpose of use: format, carrier, place, duration of the use and geographical distribution. The amount of the reproduction costs has to be paid in each case, regardless of the final form of use of the photo: fuzziness, new adjustment, notrecognisability,…

4.6 - Our tariffs cover the fees, which the author of the picture has to pay to the photographer, as well as the fees, which must be paid with each use of a photo to the model.

4.7 - The indicated prices are valid three months, starting from the date indicated on the final quotation.

4.8 - Apart from explicit agreements, the payment of the photographs has to be effected before their publication, and until 30 days after receipt of invoice at the latest. To new customers applies: cash on order. In case of payment after the due-date and an addiotinal time of 30 days and a fruitless reminder, Reelportrait® will transfer the matter to its legal department. Setting the customer on delay forces him to effect full payment of its current invoice, plus a unique interest, plus half of the legal interests, as well as a remuneration of 15% of the owed net total. These interests and these clauses are enforced by executory officers. Should a lawsuit prove to be necessary for the encashment of the mentioned sum - invoice, interest, remuneration sum - the client has to bear the costs for it.

4.9 - With each cancellation of order, effected within the 30 days after receipt of invoice, 25% of the sum owed are due, which corresponds to the costs of the models. With a cancellation at expiration of the 30 days the entire amount is due.

5 - Legal mention

Executing the regulations of the articles L 121-1 and the following of the law for Intellectual Property Rights, each use of the photographs is bound to the condition to attach the legal mention of the photograph. The mention Name of the photographer/Réelportrait® has to be seen clearly readable and visible on the published document.

In the contrary case the customer admits to have caused knowingly and willingly the sheathing of the rights in connection with the nonobservance of the moral rights of the photographer, the loss of tribute for the photographer and the lack of protection for the images by the absence of the photographic line of credit.

6 - Use of the photographs

6.1 - The customer is not entitled to use the photographs in connection with persons goods or recognisable beings in a way which could harm these persons, goods or recognisable beings, in particular if it would invest them with a scandalous, obscenely , racist, anti-Semitic, unmoral, etc. character.

Furthermore it is forbidden to use the photographs in a way that could suggest a connection or an association with any products, services or concepts that might invest them with a polemic, unfair, parasitic or defamatory character. Likewise each change of the personal attributes is forbidden.

Réelportrait® strictly rejects the use of its photos in connection with topics such as politics, health, sexual background, pornography or pedophilia. Exceptions are possible after careful examination of the complete documents.

6.2 - The customer commits himself to transfer the projects and the documents of the publication in the form of PDF files and as printed matter to Reelportrait®. The photographer and the photo archive Reelportrait® guarantee for the permission and transmissions of the rights of all models on the photos.

6.3 - Reelportrait® does not take responsibility for the use of its pictures without its agreement and outside of the contracts closed with its customers. The contract is strictly confidential and it is forbidden to transfer or backtransfer it, may it be free of charge, at whom and for whatever purpose always.

6.4 - The photographs are released only for the purposes mentioned. Any further use or use to others than the purposes mentioned requires a new authorization on our part and the regulation of new rights. The customer is responsible for the use of the entrusted pictures and documents

7 - Exclusiveness

As far as possible Réelportrait® tries to not release the rights for an image several times in the same area for the same period. The principle of the exclusiveness bares other customers to use a chosen image for the agreed duration mentioned in the contract. The exclusiveness is handled on demand by a responsible person of Réelportrait®

8 - Litigation

8.1 - Should there arise any disputes between the parties to the contract, concerning the interpretation or the execution of the contract, which is based on the French right, they are clarified by the arbitral tribunal in Paris, according the regulation of the center for intercession and arbitral jurisdiction in Paris, to which the parties have to belong.

8.2 - Reelportrait® does not take responsibility for the nonexecution of the contract due to force majeure, disturbances or partial or complete strikes, in particular of the post office or means of transport and/or communication.

8.3 - The seller can not be made responsible for the loss of data or indexes. It is the buyer's takes to provide for any necessary protection.

8.4 - If one or more regulations of these general conditions of sale should not be valid, or be defined as such by a change of law, a regulation or due to a final decision of an area of jurisdiction, all remaining regulations keep its full validity and consequence.

8.5 - The fact that one party, does not take advantage of the other party's offense against one of the regulations of the current general conditions of sale may not be misinterpreted for the future as abdication of a right concerning this regulation.

9 - Customer's Data

9.1 - In accordance with the Data Protection Act from 06 January 1978, article 78-17, the customer has the right of access, improvement, objection and deletion of its data, opened by the seller.

9.2 - The customer is informed about offers and novelties by Reelportrait® via E-Mail. If the customer does not wish to receive further messages, he can cancel this service by means of its coordinates, which are sent with each advertising E-Mail by Reelportrait®.

10 - Customer- and After Sales Service

For further information you can reach us from Mondays to Fridays from 10 to 19 o'clock under the following number: +33 (0) 1 48 04 70 85