TERMS OF SALES

Laws applicable in France

1 - Status of MAYKON CARDOSO Photography:

MAYKON CARDOSO PHOTOGRAPHY is a professional independent photographer.

1.1 preamble:

These General Conditions of Sale apply to all services and product orders concluded by MAYKON CARDOSO PHOTOGRAPHY with the customers, whatever the clauses may appear on the documents of the customer, and in particular its general conditions of purchase. The General Conditions of Sale are systematically communicated to any customer who requests it, to allow him to place an order with Maykon Cardoso Photography. The latter reserves the right to modify them. In accordance with the regulations in force, MAYKON CARDOSO PHOTOGRAPHY reserves the right to waive certain clauses of these General Terms and Conditions of Sale, based on negotiations with the client, by establishing specific or categorical terms of sale.

2 - Booking session and order:

In case of cancellation, either at the start or during the completion of the work, it will be invoiced at least 50% of the amount provided for in the estimate or contract.

2.1- Modifications

Any changes to the order requested by the Customer will be taken into account as far as possible.

2.2- Cancellation

If a deposit is paid on booking:

In case of cancellation of the session by the Customer and after acceptance by MAYKON CARDOSO PHOTOGRAPHY of this cancellation, for any reason whatsoever except force majeure, the deposit paid, as defined on the email, messenger, or quote, will be automatically acquired by MAYKON CARDOSO PHOTOGRAPHY and cannot give rise to any refund.

If no deposit has been paid:

In the event of cancellation by the Client and after acceptance by MAYKON CARDOSO PHOTOGRAPHY of this cancellation, for any reason other than force majeure, an amount corresponding to 10% of the total invoice will be acquired by MAYKON CARDOSO PHOTOGRAPHY and interest, in compensation for the damage thus suffered. In general, any order cancellation must be subject to prior authorization from MAYKON CARDOSO PHOTOGRAPHY and must be formulated in writing. Cancellation will not be accepted for any order already entered in the creation process. All costs already incurred at the time of cancellation will be charged.

3 - Copyrights:

The photographs are the whole and full property of MAYKON CARDOSO PHOTOGRAPHY (all formats or colors combined). Only the reproduction, representation and exploitation rights granted by MAYKON CARDOSO PHOTOGRAPHY are valid, to the exclusion of all others. As an author, MAYKON CARDOSO PHOTOGRAPHY is the only one to have the right of reproduction, representation and disclosure on his works, these do not extend to customers, thus any transfer, retrocession, rental, and any loan to a third party photographs or derivative document (typons, duplicates, internegative, USB key, etc.) for a fee or free of charge are prohibited without the written agreement of MAYKON CARDOSO PHOTOGRAPHY. All images are Copyright "Photos taken by MAYKON CARDOSO PHOTOGRAPHY". All these provisions are regulated by Law No. 92-597 of July 1, 1992 on the Intellectual Property Code. (FRANCE)

4 - Communications and use of photographs:

The communication and use (reproduction - representation) of photographs are subject to the provisions of Law No. 92-597 of July 1, 1992 on the intellectual property code and to the provisions of the codes of practice of the union of creative photographers . The communication of documents does not constitute a reproduction authorization. This authorization will only be acquired upon receipt by the photographer, dated and signed assignment contract and / or a duly settled assignment note. The customer or the user is solely responsible, for any loss or deterioration attributable to the third party to whom he has entrusted his work and / or the routing (back and / or return) of the photographs (carrier, post …), Any limitation or exclusion of liability being unenforceable against the photographer. The photographs are communicated for examination and selection for a single declared use. Any reuse or use for purposes other than those declared, requires a new authorization from the photographer and the payment of new rights. The photographer declines all responsibility in the event of non-compliance with the legends provided. In the event that the accompanying article or caption is the only defamatory, the responsibility of the publisher, the publisher, and the author of the writing is in question, excluding that of the photographer.

5 - Use of the site: www.maykoncardoso.com

The users of this website accept that this use is subject to the terms and conditions described in these general conditions and to compliance with the laws applicable in France. All access to this site is at the risk of the user who will be the sole judge and solely responsible for the conditions and means of connection he uses.

5.1- Reproduction authorization:

You acknowledge and accept that the fact that MAYKON CARDOSO PHOTOGRAPHY may reproduce your image for promotional purposes on the site www.maykoncardoso.com. You thereby assign your right to the image on the internet and for the sole use of MAYKON CARDOSO PHOTOGRAPHY. In any case, MAYKON CARDOSO PHOTOGRAPHY will not sell or sell your photographs to third parties without written agreement from you. You acknowledge that you agree with the fact that MAYKON CARDOSO PHOTOGRAPHY photographs your minor children and accept the reproduction of the images for promotional purposes after written agreement from you.

In the event of a written refusal on your part, the images of minors will not be used.

6 - General description of products and services

The site “www.maykoncardoso.com” gives the most faithful description possible of the products offered. For reports, only quotes and purchase orders will provide a detailed description of a given business proposal. In addition, the customer always has the possibility of contacting MAYKON CARDOSO PHOTOGRAPHY by telephone, email or post in order to obtain additional information on the products or services offered. 

7 - Prices

Prices are quoted in euros all taxes included. The amounts of the user fees appearing on the prices of MAYKON CARDOSO PHOTOGRAPHY indicate the bases of rights and technical costs due for lawful uses with conforming information. The prices indicated do not include travel costs, these will be specified in addition on said contract when ordering The services and products are provided at the rates in force on the day and year of the booking of your session or order. In the event of a quantitative rebate and rebate, the Customer may benefit from price reductions, and rebates, depending on the quantities of services ordered, at one time and in one place, or the regularity of his orders from services, under the conditions and according to the methods described in the prices of MAYKON CARDOSO PHOTOGRAPHY.

8 - Price and payment terms:

For events a 50% deposit will be requested and cashed. The balance will be payable on the day of the service. For any delay in payment, compensatory indemnities of 10% of the total amount invoiced per day of delay will be required. For product purchases (photo prints, USB key, etc.), payment for all purchases must be made when ordering and MAYKON CARDOSO PHOTOGRAPHY does not accept late deposits on any account. Orders must be paid in EUROS and MAYKON CARDOSO PHOTOGRAPHY reserves the right to cancel any order or delivery in the event of a payment incident.

8.1- Down payment and payment

The payment conditions and any down payments requested will be mentioned on the quote / order form / contract.

9- Delivery time

MAYKON CARDOSO PHOTOGRAPHY takes care to deliver orders as soon as possible according to the times stipulated in the estimate, subject however to the client's compliance with all of the conditions described below:

- Payment of deposits on the specified periods (Cf. article 4)

MAYKON CARDOSO PHOTOGRAPHY also takes care to deliver orders as soon as possible according to the times provided in the quote, subject however to the respect by the supplier (s) of their commitments. This or these will be fully responsible for their negligence / delays. Given these conditions, it is clearly understood by the Customer that he cannot allege an allegedly faulty delay in the performance of the services of MAYKON CARDOSO PHOTOGRAPHY since the latter has not respected the dates fixed in the specifications and / or planning or validation required step by step. Similarly, any delay in the completion of the project, caused in whole or in part by the non-delivery by the customer within the agreed time of the aforementioned elements, cancels his right to repair and refund.

10 - Authorizations of third parties:

The communication and use of the photographs are independent of the rights of third parties (author and / or owners of the works or goods represented and persons appearing in the photographs in particular) to which the user must address directly, failing to obtain them by through the photographer. In the event of a dispute, the user of the photographs is fully liable.

11 - Responsibilities:

In general, MAYKON CARDOSO PHOTOGRAPHY cannot be held responsible for indirect damages, such as commercial damage, loss of customers, loss of order, any commercial disorder, loss of profit, loss of brand image. Any action brought against the beneficiary by a third party constitutes indirect damage and, therefore, does not open the right to compensation. Furthermore, the amount of sums that MAYKON CARDOSO PHOTOGRAPHY could be required to pay to the beneficiary as damages is expressly limited to the total of the sums effectively received by MAYKON CARDOSO PHOTOGRAPHY from the beneficiary for the exploitation of the disputed photograph (s). It is expressly prohibited to use the documents made available for the purposes of pornography, racism, violence, and in any other contentious field or prejudicial to the author and / or to the represented third parties and / or to MAYKON CARDOSO PHOTOGRAPHY. If an image representing a person is used to illustrate a product, service or editorial content by that person in a controversial or different context from the general context of the image, you are required to print a text located close to the image indicating that this person is a model exclusively used for illustration purposes, without direct relation to the product, service or editorial article concerned.

12- Incapacity for work and force majeure

In the event of incapacity for work, following illness or accident MAYKON CARDOSO PHOTOGRAPHY reserves the right to terminate this contract, and / or modify the current calendar without it being able to be required by the Client on payment of compensation. It is recognized that MAYKON CARDOSO PHOTOGRAPHY must notify the Client of his incapacity as soon as possible. In addition to the cases usually recognized by case law, force majeure means, in particular, the blocking or unavailability of telecommunications, including telecommunications networks and any consequence of a technological development, not foreseeable by MAYKON CARDOSO PHOTOGRAPHY, calling into question the norms and standards of his profession and of any other case beyond the control of the parties preventing normal execution of these Conditions. Delays or non-fulfillment of orders resulting from force majeure: in particular fire, flood, strike, regulation or requirement of the public authorities, or any other inevitable, unpredictable event beyond the control of MAYKON CARDOSO PHOTOGRAPHY, cannot give place for compensation. The provisions of this article may not, however, in any case, exempt part of the obligation to pay the other any sum that it owes.

13- Delivery

All RAW photos of your session will be sent to you by email or online gallery, in low definition photo plates, in order to make your choice. These raw photos are only used to make your choice, they will not be given to you. After receiving these photo plates, you have 15 days maximum to make your selection. After these 15 days, your photos will be deleted. Photo delivery: within 15 days / 4 weeks after receiving your selection.