EURL Henri Deroche Photographe

97 rue Abbé Pasty, 45130 Baule

+33(0)6.33.39.17.98 / contact@henri-deroche.fr

www.henri-deroche.fr

GENERAL CONDITIONS OF SALE

EURL Henri Deroche Photographe — Version 8 — in force as of August 25, 2026

Preamble — Scope of application and enforceability

These general conditions of sale (the «GCS») apply to all photographic services and products sold by EURL Henri Deroche Photographe, an EURL with a capital of 2,000 €, registered office 97 rue Abbé Pasty, 45130 Baule, RCS Orléans 825 367 956, SIRET 825 367 956 00026, VAT included within the European Union FR 12 825 367 956, represented by Mr. Henri Deroche, manager (the «Provider»). Contact: contact@henri-deroche.fr — +33 (0)6 33 39 17 98.

They are communicated to the customer (the «Customer») prior to the conclusion of the contract and are attached to it. The Customer declares to have been informed of them and to have accepted them before signing.

Contractual hierarchy. In the event of a conflict between these GTC and the contract signed between the parties, the stipulations of the contract prevail.

The Client acting for purposes that do not fall within the scope of their professional activity benefits from the status of consumer within the meaning of the introductory article of the Consumer Code and the protective provisions attached to it.

Article 1 — Contract and quotation

Any service provided by the photographer is defined by a contract signed by both parties in two copies. The service is considered completed and due once both parties have signed it and after payment of the deposit provided for in Article 2.1.

In the absence of a written contract, the signature of a quotation constitutes acceptance of these GTC. An agreement given by email also constitutes acceptance provided that it is express and covers conditions previously communicated in writing. On the other hand, a purely tacit or verbal agreement cannot constitute acceptance: in accordance with Articles L. 111-1 and L. 121-1 of the Consumer Code, the Provider must be able to provide proof of the pre-contractual information provided to the consumer and of their consent.

Article 2 — Price and payment terms

2.1 Booking and payment. The Client pays an advance, upon signing any contract, equivalent to 30% % of the amount of the contract. The remaining 70% must % be paid no later than seven (7) days before the date of the service, unless special conditions are defined in advance.

Prices are expressed in euros, including all taxes. VAT at the rate of 20 % % applies (article 278 of the General Tax Code).

Payment methods accepted: Bank transfer and bank card, via a secure payment link. A three-part installment, without fees, is possible upon request and is subject to a written agreement.

2.2 Late payment. Any amount not paid on time shall, after a reminder sent by registered letter with acknowledgment of receipt and remaining unanswered for eight (8) days, bear interest at the legal interest rate in force, increased by three (3) points, calculated prorata temporis until full payment. Conversely, any amount that the Provider is required to refund to the Client shall bear interest under the same conditions and at the same rate.

In the absence of settlement within thirty (30) days of the notice of default, the case may be referred to a third party responsible for collection, with the costs remaining at the expense of the defaulting party within the limits set by law. The Provider may further suspend the delivery of the photographs until full payment has been received, after written notification from the Client.

2.3 Additional products. Any order for additional products (books, prints, albums) will only be put into production once the payment for the relevant service and the product itself have been received.

The production and delivery time for an additional product is six (6) weeks from the validation of the order and receipt of payment, excluding the delivery time. This time period constitutes the maximum delivery time within the meaning of Article L. 216-1 of the Consumer Code; in case of exceeding this time period, the Customer may demand that the Provider deliver the product and, in the absence of execution within a reasonable time, terminate the order and obtain a refund of the amounts paid, in accordance with Articles L. 216-6 et seq. of the same code.

Any order placed after November 20th will only be delivered starting in January of the following year, due to the workload of quality printers during the holidays. The Customer is informed of this before validating their order.

2.4 Withdrawal on customized products. Since printed products are manufactured according to the Client’s specifications and are clearly personalized, they cannot be subject to a right of withdrawal (Article L. 221-28, 3° of the Consumer Code). This exclusion does not apply to non-compliant products or defective products.

Article 3 — Withdrawal, postponement and cancellation

3.1 Right of withdrawal. The Client has 14 calendar days from the date of signing a contract or a quote valid as a purchase order to notify, by registered letter with acknowledgment of receipt or by email with acknowledgment of receipt, of their refusal to proceed. This right is legally due when the contract is concluded remotely or off-premises (article L. 221-18 of the Consumer Code); the Provider grants it contractually in all cases. The amounts paid are then fully refunded within a period of fourteen (14) days.

3.2 Cancellation by the Customer. If, beyond the withdrawal period specified above, the Client wishes to cancel the service or postpone it without a date for a new appointment being available from the Provider, they shall pay the Provider an indemnity equal to a percentage of the amount of the service, as provided for in the following table. The advance payment already made shall be applied to this indemnity; any surplus that may be received shall be returned to the Client within thirty (30) days.

Date of the cancellation notification	Compensation (at % the price including VAT)
After the withdrawal period and more than 24 weeks from the service	30 %
Between the 24th and 18th week before the delivery	50 %
Between the 18th and 10th week before the delivery	80 %
Less than 10 weeks before the delivery	100 %

3.3 Nature of the amounts paid. The amounts paid by the Client are expressly of a nature’deposits and not advance payments in the sense of Article 1590 of the Civil Code. As a result, the contract constitutes a firm and definitive commitment on the part of both parties, neither of which may withdraw from it by simply abandoning or returning the sums paid. In the event of cancellation by the Customer, the indemnity due is that resulting from the calculation set out in Article 3.2, excluding any other sums.

3.4 Cancellation by the Provider. In the event of cancellation by the Provider, except in cases of force majeure as referred to in 3.6, the Provider shall refund the Client the full amount paid within fourteen (14) days and pay a compensation equal to the amount that the Client would have incurred on the same date pursuant to the scale set out in 3.2. This reciprocal arrangement is the essence of this article.

3.5 Report. The Client may request, once and in writing, the postponement of the service to a new date within eighteen (18) months from the originally scheduled date. The postponement is granted automatically if the Provider is available on the new date; the amounts paid are then fully transferred, subject to the current rate if the new date falls within a different tariff season. If the Provider is not available, the Client may either maintain the original date or cancel, in which case the cancellation will be subject to the terms of section 3.2.

3.6 Force majeure. Any event beyond the control of the Party invoking it constitutes a case of force majeure, which could not reasonably have been foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures, preventing the performance of its obligation, within the meaning of Article 1218 of the Civil Code. The Party invoking it must provide proof thereof and inform the other party without delay.

Among the circumstances that may constitute a case of force majeure, for both parties, are the death or emergency hospitalization of the person concerned or a close relative, a serious injury or illness medically confirmed, a major incident affecting the equipment or the place of the service, an administrative ban, or a natural disaster.

Effects. If the Provider is unable to perform the service, they offer an alternative photographer of equivalent artistic level and under the same conditions, subject to the Client’s agreement; in the absence of a replacement or agreement, they refund the full amount of the fees received, without any additional compensation. If the Client is unable to perform the service, the parties will prioritize finding a date for postponement under the conditions of 3.5; in the absence of a common date, the paid amounts will be refunded, less the costs actually incurred and justified by the Provider.

3.7 Change of date outside of force majeure. Any change in the date at the Client’s initiative outside the cases of force majeure is governed by Article 3.5 and, if no common date is found, by the cancellation fee schedule in Article 3.2.

Article 4 — Conditions of performance

4.1 Additional hours. The service is provided for the duration defined in the contract between the Provider and the Client. Once this duration has been exceeded, additional hours are invoiced starting from the first half-hour started, at a rate of €285 TTC per hour, subject to the Provider’s acceptance, which is never required to accept an extension. Any extension is subject to the express agreement of the Client on site, confirmed in writing or by message.

4.2 Lasers and light devices. Laser-type light elements are regulated devices that require strict use. They are also a danger to modern devices without a protective mirror, which can irreversibly destroy the sensor and prevent shots from being taken at their intended angles.

Thus, in the event of the presence of such a device, the Provider will offer systematically to the relevant professional to turn it off or, in case of impossibility, to conceal it, in order to allow for full shooting opportunities for the Client.

In the event of a refusal by this professional, their responsibility for any damage to the Provider’s equipment will be taken into account; they will therefore not be able to provide the quality of reporting intended in the relevant angles, in order to preserve their working tool. The Provider’s liability cannot be invoked for the sequences that are not covered by this.

4.3 Meals provided. A meal WARM The Provider will be provided with dinner, unless otherwise specified by them. In the absence of a provided meal, a flat-rate fee of €60 TTC, corresponding to the cost of replacing the meal, will be due to the Provider, who is also entitled to take time off to recover.

4.4 Right of withdrawal. If the health or safety conditions are likely to endanger the physical integrity of the Provider or the Client, in the short, medium or long term, the latter may exercise their right to withdraw from the ongoing or future provision of services. The Provider may also interrupt the provision of services without reimbursement in the event of aggressive, threatening or manifestly inappropriate behavior by a person present, after having informed the Client accordingly.

4.5 Obligations of the Client. The Client communicates the details of the day and the contact details of a contact no later than fifteen (15) days before the service, takes care of the access and parking of the Provider, and informs his guests of the presence of a professional photographer.

Article 5 — Insurance

Each party declares that it has taken out insurance to cover its civil liability and any other risks that they may incur as a result of these terms. Each party provides proof of its insurance upon the other party’s simple request. The Provider is insured with Allianz for professional civil liability, policy no. 57858798.

Article 6 — Delivery and storage of files

6.1 The photographs are delivered in high-definition JPEG format, without a watermark, within a maximum period of thirty (30) working days from the delivery date; a preview is available within ten (10) working days. The minimum number of delivered photographs is that indicated in the contract. The high-definition files are made available through an administrator access to the private online gallery, allowing for their full download; this access is personal to the Client, who undertakes not to disclose their credentials to third parties.

6.2 The private online gallery hosted on the Pic-Time platform shall remain accessible for a minimum period of twenty-four (24) months. The Client undertakes to download and save the entire files within this period.

6.3 Beyond that, the Provider retains the delivered files, as a commercial service and without any obligation of result, for five (5) years from the delivery, and provides new availability free of charge upon simple request during this period. Any further retention beyond these durations constitutes a commercial gesture that does not create any acquired rights for the benefit of the Client.

6.4 The digital negative files (RAW), the duplicates and the shots that were not selected constitute unrevealed preparatory works and are neither delivered, communicated nor transferred.

Article 7 — Intellectual property

7.1 The photographs are intellectual works protected by law. The Provider is the author and, unless expressly and in writing otherwise, remains the sole holder of the patrimonial and moral rights attached to them (articles L. 111-1 and L. 121-1 of the Code of Intellectual Property). Payment of the price remunerates the service provided and the license granted in Article 7.2; it does not entail any overall transfer of the author's rights.

7.2 The Provider grants the Client, upon full payment, a non-exclusive, non-transferable and non-commercial license to use the delivered photographs, for strictly private, family and non-profit purposes, for the entire world and for the legal period of copyright protection.

7.3 Prohibited without prior written permission are: any commercial or advertising exploitation; the sale or making available for a fee; the transfer or sub-licensing to a third party; the provision of the photographs to other wedding providers or to the press, including on a free basis; any modification, retouching, cropping, application of filters or removal of the signature and metadata; the use for training purposes of a generative artificial intelligence system.

7.4 Any public broadcast must be accompanied by the mention «© Henri Deroche». Any unauthorized exploitation constitutes counterfeiting within the meaning of Articles L. 335-2 and L. 335-3 of the Code of Intellectual Property.

Article 8 — Right to image and personal data (GDPR)

8.1 Right to the image. Future spouses benefit from the right to reproduce and use the photos for private and non-profit purposes. By law, future spouses are the sole owners of their image and the photographer must respect this right to the image. Consequently, the photographer and future spouses must consult each other if they need to exploit the photos in a context other than that defined by this agreement.

8.2 Guests and minors. The Client informs his guests about the presence of a professional photographer and relies on their agreement for the photography to be carried out in a private setting. He/She communicates to the Provider, before the service, the list of people who do not wish to appear. No photographs of minors are used for promotional purposes without the written permission of their legal representatives.

8.3 Data controller. The EURL Henri Deroche Photographe, represented by Mr. Henri Deroche, is responsible for the collection of your personal data, whether collected through its website or a paper form. It undertakes not to disclose them. Contact: contact@henri-deroche.fr.

8.4 Purposes, legal bases and duration. Identity and contact data are processed for the execution of the contract (Article 6.1.b of the GDPR) and retained for three (3) years after the end of the relationship; billing data are retained for ten (10) years in accordance with accounting obligations (Article L. 123-22 of the Commercial Code); photographs are processed for the execution of the contract and retained according to the periods set out in Article 6; photographs used for promotional purposes are used on the basis of consent (Article 6.1.a of the GDPR), for ten (10) years or until consent is withdrawn.

8.5 Recipients. Those who are likely to have access to the data, in their capacity as contractors bound by a contract in accordance with Article 28 of the GDPR: Pic-Time Ltd, the publisher and host of the private online gallery, the accounting expert of the Provider and, where applicable, the printing lab. Backups are made on encrypted media under the exclusive control of the Provider. No data is sold or transferred for prospecting purposes. Any transfer outside the European Union is governed by the safeguards of Chapter V of the GDPR.

8.6 Your rights. You retain full access to and rectification of your data. You also have the rights to erasure, restriction, opposition and portability, as well as the right to withdraw your consent at any time. These rights contact@henri-deroche.fr can be exercised by mail to the Provider’s headquarters. You can file a complaint with the CNIL, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 — www.cnil.fr.

Article 9 — Liability and legal guarantees

9.1 Obligation of means. The Provider is only required to provide a means of achieving the result in the performance of its services. Therefore, if it undertakes to comply with the Client’s instructions to the best of its ability, the latter accepts that color or contrast differences are possible due to technical limitations and the vagaries of the weather.

9.2 Artistic appreciation. The Provider makes every effort to provide high-quality images, but the content of these images is left to its artistic judgment. Consequently, the Customer acknowledges that the photographs are not subject to rejection based on their tastes.

9.3 Additional retouching. The processing applied to the photographs includes the adjustment of numerous parameters such as colorimetry, contrast, brightness, the elimination of shadows and high-contrast areas, sharpness, clarity, vibrancy, saturation, and cropping. Any additional retouching requested by the Client (addition of elements, localized retouching) is subject to the Provider’s approval, who reserves the right to charge for the additional work per image.

9.4 Legal guarantees. The Provider is liable for the defects in the conformity of its performance under the conditions of ordinary law and, with respect to the digital content and services provided to the Customer (online gallery, digital files), under the conditions of articles L. 224-25-12 and following of the Consumer Code. The Customer also benefits from the warranty for hidden defects within the meaning of articles 1641 and following of the Civil Code, which he may exercise within a period of two (2) years from the discovery of the defect.

The Customer is invited to report any defect in conformity in writing as soon as it is discovered, together with the relevant supporting documentation, so that the Provider can remedy it as quickly as possible. This reporting facilitates the processing of the claim but does not condition the exercise of legal guarantees: no provision of these terms and conditions can have the effect of removing or reducing the duration, scope or modalities of the exercise of legal guarantees due to the consumer.

9.5 Backup and loss of files. The Provider performs a double backup of the files on two separate and encrypted media until delivery. In the event of loss, theft, or destruction of the files before delivery resulting from a non-intentional event, its liability is limited to the price in T.C.D. that has been paid. This limitation does not apply in the event of gross negligence or wilful misconduct, nor in the event of bodily injury.

Article 10 — Advertising and commercial references

10.1 Subject to the authorization granted by the Client in the contract, the Provider may mention the Client in its commercial references. Any comments or legends accompanying the reproduction or representation of the photos must not damage the image and/or the reputation of the photographer and the persons represented in the photos.

10.2 Scope. The authorization covers the social networks, the website, the paper brochure and the demonstration books of the Provider and its printer, for the web and Europe, for ten (10) years from the performance, without tacit renewal. It is revocable at any time for the future, in writing; the withdrawal shall be made within thirty (30) days on the digital media.

10.3 Option «privacy». The Client who does not wish to receive any promotional exploitation opts, at the signing of the contract, for the «confidentiality» formula, the price of which is increased by 600 € TTC, in exchange for the Provider’s renunciation of any promotional exploitation of the reportage. This amount is included in the price stated in the contract. This is not a penalty: no additional amount is due when the Client revokes their authorization after delivery.

Article 11 — Authorizations for filming

The future spouses undertake to verify before the wedding date that the photos are possible and authorized within the various locations where the photos will be taken (town hall, church, reception hall, location for the couple’s photos…). The photographer cannot be held responsible if the photos are prohibited or limited in certain places. The same applies to restrictions imposed on the day itself by the officiant, the owner of the venue, or the public authority, weather conditions, and delays in the course of the day.

Article 12 — Claims, mediation and disputes

12.1 Pre-claim. In the event of a dispute regarding the interpretation or execution of the contract, the parties agree to submit themselves to an amicable procedure prior to any referral to a competent court. The party wishing to resort to this procedure must notify the other party in writing by registered letter with acknowledgment of receipt.

12.2 Mediation of consumption. In accordance with Articles L. 612-1 et seq. of the Consumer Code, the Consumer Customer has the right to use a consumer mediator free of charge, an independent and impartial third party external to the company, With a view to the amicable resolution of the dispute, after having first attempted to resolve it through a written claim that remained unanswered without satisfactory response for two (2) months.

Ombudsman: Mr. Dominique COULON

Postal address for sending the files: 37 rue des Chênes 25480 Miserey Salines

Website for mediation requests: cc-mediateurconso-bfc.fr

The Client may approach the mediator within a maximum period of one (1) year from the date of their written complaint. The use of mediation is not mandatory for the Client and suspends the statute of limitations during its duration.

12.3 Applicable law and jurisdiction. These terms are subject to French law. In the absence of an amicable agreement, the dispute is brought before the competent court under the conditions of ordinary law; the consumer customer may, at his or her discretion, bring the dispute before the court of the place where he or she resided at the time the contract was concluded or the harmful event occurred (article R. 631-3 of the Consumer Code).

Article 13 — General provisions

13.1 Divisibility. If any of the provisions of these GTC were declared null, void or inapplicable, the other provisions would remain in full force and effect.

13.2 Non-renunciation. The fact that one of the Parties has not invoked a breach by the other does not constitute a waiver of the right to invoke it subsequently.

13.3 Modification of the Terms and Conditions. The Provider may modify these GTC at any time. The applicable GTC are those in force and accepted on the date of conclusion of the contract, a copy of which is attached to it.

13.4 Electronic signature. The contract and these GTC may be accepted electronically using a reliable identification method, in accordance with Articles 1366 and 1367 of the Civil Code.