General terms and conditions of sale and use of the Regard d’Auteur website
These general conditions of use and sale (CGU / V) govern the contractual relationship between on the one hand SAS REGARD'AUTEUR, whose registered office is established at 1666 avenue de l'Europe, residence le Patio A 31, 34170 Castelnau le lez, France, company with a capital of 10,000 euros registered with the RCS with number 828 702 548, represented by Mr. Thibaut BISSUEL, President and on the other hand any member of the Community of photographers "Regard d'Autor ", After having been previously approved by the jury and after creating its" personal space "on the site.
They apply to all purchases made on the site https://www.regardauteur.com/ as well as to all entries (contests, discussions, training, etc.) by Photographers.
They also regulate the conditions of contact (photographer / bride and groom) through the Regard d’Auteur site. These general conditions of use and sale (CGU / V) are in addition to the commitments made during the signing of the Charter by the Photographer after acceptance of his file.
SAS REGARD'AUTEUR reserves the right to modify these general conditions of sale and use at any time.
1. Benefits and services offered on the Regard’Autor website - General description
Access to this site is subject, for Photographers, to signing the Charter submitted to them and to the prior acceptance of their file by the Jury. The validation of their participation will have to be confirmed from year to year according to the evolution of their photographic work, and also subject to the production of the elements requested during the adhesion (certificate of insurance, registration with the Chamber of Trades etc.). These T & Cs / V will detail the conditions of maintenance and the possible causes of exclusion of photographers registered on the Site after validation of their file.
The Regard d’Auteur website offers various services and offers, summarized below, the precise terms of which will be detailed in the following General Conditions of Use and Sale :
Main service :
creation of a directory of certified photographers offering wedding photography services, whose work was noticed by the jury after submitting their application and who have adhered to the Quality Charter.
Internet users (bride and groom) will select the images that speak to them and will transmit information about their marriage. The Site will then put them in touch with the photographers corresponding to their requests, according to their different criteria (type of photographs, budget, etc.).
Related services and offers:
The jury may, when judging the images when submitting the membership file or following the various competitions organized, award one or more stars to the photographers.
Competitions are organized on the Site at regular intervals. Each competition will mention its own rules, which the Photographer agrees to comply with if he wishes to participate. Participation in contests is not an obligation. Any prizes offered during contests are determined by the Site and the jury.
The Site will offer training in various fields, entrusted to professionals in the relevant theme (technical, business, marketing, etc.), at advantageous conditions for member photographers. Registration for these trainings is not a requirement.
SAS REGARD D’AUTEUR has negotiated special offers with various partners through which these partners will offer, on the Regard’auteur site, products or services at advantageous prices. Depending on the case, these offers may be permanent or temporary.
2. Creation of the photographer's file
Connecting the Photographer with potential clients requires the creation of a complete description sheet. The Photographer will send the necessary elements to upload his file as soon as his acceptance is confirmed by the Jury. He alone will bear the consequences of any delay in the transmission of information.
When the annual subscription of the adhering Photographer has been paid, his membership will be effective for the period of one year, notwithstanding any delay in transmitting the requested information.
3. Connection - Absence of subordination relationship
3.1.How linking works
The Site offers a connection service described in article 1 above. After selecting a series of photographers according to the criteria set by the potential clients, it will be up to these clients to make their choice from the preselection that will have been sent to them.
3.2. Independence of the parties
Therefore, membership to the Site does not entail any obligation of result as to the number of weddings that may ultimately be entrusted to the Photographer. In the event that the bride and groom make contact with the Photographer, the latter alone will manage the appointments, the signing of the contract, the services, the invoicing, the follow-up, the delivery of the photos, etc.
The Site does not replace the Photographer for the production of the report and no relationship of subordination exists between the parties as to the performance of the service. The services of the Site are limited to establishing contact on the basis of an objective selection corresponding to the criteria of the services offered by the Photographer, in relation to the requests of the bride and groom who have contacted the Site. The Photographer will be solely responsible for the management of any contractual or extracontractual disputes with clients or third parties, due to the services provided. The obligation to provide proof of valid insurance when registering on the site does not entail any responsibility for the Site for the performance of services after contact has been made.
In doing so, the Photographer thus avoids having to devote time to the first sorting of information requests, and is assured of being contacted, through the Site, only by future bride and groom whose requests and budget are already in line with the services it offers. The finalization of the agreement and the signing of a contract will be under his sole responsibility.
3.3. Photographer's obligation
In order to optimize the referencing of each photographer on our Site, the Photographer agrees to use the HTML badge available on his Photographer Space and to insert it on his professional website. In the event of difficulty in using the badge, he undertakes to insert at least one hyperlink on his pro website pointing to the site www.regardauteur.com.
In order to guarantee the quality and seriousness of the Regard d’Auteur guide, the Photographer undertakes to submit a file of 150 images for evaluation by the jury, within 2 months of registration. His images will be uploaded directly to his Photographer's Area, My Rating tab, in accordance with the official assessment rules (available in the same tab).
4. Related services and offers
The participation of Photographers in competitions organized on the Site may lead to the award of a distinction. This is materialized, in the Site interface, by stars:
|Member||Member photographer whose image quality justified acceptance by the jury, and in order of contribution|
|Member *||Member photographer rewarded for his creativity|
|Member **||Member photographer rewarded for his creativity|
|Member ***||Member photographer rewarded for his creativity|
The themes and terms of each of the contests that will be organized on the Site are left to the discretion of Regard d’Auteur.
The deciding vote between the participants will be entrusted to a jury composed of professional photographers recognized by their peers.
The result of each competition will influence the overall ranking of photographers.
The terms of the competition and its impact on the general classification will be specified when the competition is announced.
Regard d’Auteur will offer training courses for Photographers, involving professionals likely to bring added value in various sectors of interest to members.
The trainings can cover technical, marketing, business (accounting, law, etc.), personal development, etc.
The Photographer's membership does not imply any obligation to participate in training, which is only one possibility among the other offers also offered on the Site (see 4.4. below).
In case of participation, the Photographer will be invited to pay the participation fees according to the terms agreed for each training.
4.4. Partner offers
The member Photographers have access, throughout the duration of their membership, to the offers proposed by the "Partners", and presented on the Site.
When the member wishes to take advantage of one of these offers, he will subscribe to it by ordering the service or product, which will put him directly in touch with the Partner. Regard d’Auteur assumes no responsibility for the execution of the order by the Partner. The offers were selected according to the quality of the products or services offered by the Partner. The Photographer will, however, inform Regard d’Auteur if one or other difficulty should arise in the delivery of the service or product, in order to allow Regard d’Auteur to possibly question the partnership.
The provision of service or the delivery of products by the Partner will be invoiced directly by the latter to the Photographer.
5. Maintenance of registration
5.1. Maintenance of registration
The Photographer agrees to provide the required supporting documents annually, starting from the anniversary date of his first membership.
The maintenance of its membership will be conditioned by the annual supply of these documents, and the verification, by the jury, that it still respects the commitments made when signing the Charter.
Decisions are made exclusively by the management of Regard d’Auteur.
The latter may be informed by any other ambassador, member of the jury, trainer or partner, of the existence of a single or repeated breach on the part of the Photographer.
The Photographer may be excluded in particular in the event of :
- Violation by the Photographer of one of the commitments contained in the Charter, duly noted and demonstrated by the Regard d’Auteur team as defined above (Art. 5.1.)
- Failure to pay the annual subscription
- Failure to send the supporting documents requested
- Complaints raised by married couples who have used the services of the photographer through the Site when the complaints raised demonstrate the violation by the Photographer of one of the commitments of the Quality Charter.
- A photographer who would be guilty of counterfeiting or abuse in the use, order or access to partner offers (sharing the benefit of an offer with a third party without authorization, order made in his name for the exclusive benefit third party, etc.)
- A photographer who himself uploads or has a third party upload fake customer reviews, deceiving the trust of Regard d'Autor and Internet users.
In all cases, Regard d’Auteur will ensure that a discussion is encouraged in order to resolve any difficulties. If the Photographer fails to provide a solution to the problem raised and to modify his practices, he may be subject to exclusion.
In the event of exclusion, the contribution paid for the remaining annual period will not be refundable.
6. Communication relating to Regard d’Auteur
Throughout the duration of their membership, the Photographer authorizes Regard d’Auteur to use his images within the strict framework of the communication relating to Regard d’Auteur and the Quality Charter. Any use must be accompanied by the name and first name of the Photographer. It may be accompanied by a text accompanying the images, and this at the sole decision of the communication team.
The photographer certifies that he holds an authorization to use the image of people or subjects present in his images, in compliance with French law, for each of the images used in the context of operations carried out by Regard d ' author. This concerns in particular the images uploaded to the online Portfolio, the images entered in competitions, games on social networks, etc. This list is not exhaustive. In the event of a dispute with one or more subjects contained in a photographer's images, SAS Regard d´auteur cannot be held responsible for the unauthorized use of one or more images. The photographer concerned, author of the images, will be responsible and will have to contact his clients. In the event of a complaint, Regard d´auteur will remove the image (s) concerned on request.
The Photographer is aware that the communication around Regard d’Auteur ensures increased visibility, and increases the chances that he can sign new contracts with newlyweds, thus increasing his own reputation.
The media for use, limited to communication relating to Regard d’Auteur, may be both material (flyers, totems at trade shows, etc.) and virtual (website, social networks, mailing lists).
In the event of termination of the Photographer's account, for whatever reason, Regard d’Auteur undertakes to delete from virtual media the photographs of which he is the author and which may still be used. When photographs have been reproduced on materialized media (Flyers), Regard d’Auteur will be authorized, for ecological reasons, to dispose of the existing stock but refrain from making a new printing. If one or more photographs are reproduced on materialized media with a longer lifespan (totem, stand decoration), Regard d’Auteur refrains from using them more than 6 months after the date of termination, except contrary agreement between the parties.
7. Courtesy - Netiquette
The Photographer undertakes, in any communication in the discussion areas on the Site and with regard to Regard d’Auteur, to refrain from all abusive, degrading or intentionally aggressive comments.
In the event of failure to comply with this commitment, it may be the subject of a call to order by Regard d’Auteur and, failing this behavior has been terminated despite 2 reminders not followed up , may have his account suspended or closed without the possibility of reimbursement of his contribution.
8. Applicable law and attribution of jurisdiction
In the event of a dispute, the parties undertake to seek an amicable solution beforehand.
Failing that, and depending on the subject of the dispute, the competent courts are now designated by the parties, namely :
- For any dispute relating to intellectual property, and in accordance with Decrees n ° 2009-1204 of October 9, 2009 and n ° 2010-1369 of 11/12/2010 amending the Code of Judicial Organization and Decree n ° 2009- 1205 of October 9, 2009 also, amending the Code of Intellectual Property, one of the courts designated by these Decrees or any jurisdiction that an amending law designates.
- For any other dispute, the Court of the place of the headquarters of SAS REGARD D’AUTEUR ;