Article 1 Objects

These general terms and conditions of sale (GTCS) apply to all orders for services and products concluded between the Customer and EVISEL.

The placing of an order by the Customer implies full acceptance of the present general conditions of sale, unless special conditions are agreed in writing between the Customer and EVISEL.

Article 2 Definitions

For the purposes of these terms and conditions of sale, the following terms have the meanings set out below.

 The videographer:

Evisel is a company registered with the R.C.S. of Paris under number 907 756 464, whose registered office is located at 231 rue Saint-Honoré 75001 Paris, represented by William Brandon, duly authorized,

The Customer:

Any entity, natural person or legal entity, which places or has placed an order with EVISEL.

Ordering:

Any order of service or product requested by the Customer from EVISEL.

Product:

Any product for sale by the videographer, derived from the video session or video report: Films and digital files, albums, books, etc...

Formula:

Any package chosen by the customer at the time of the order which includes, in addition to the shooting, certain products derived from the video session or video report.

 Website:

The EVISEL website, whose home page is: https: //evisel.fr/

2.1 Transport costs :

Transportation costs have been included in the wedding package, only for the locations indicated in article 2.2. below. Any change of location will result in an additional charge of 0.40€ per kilometer.

Train/plane/boat fares will be paid by the Bride and Groom. Any advance made by the Videographer at the time of booking may be invoiced immediately by the Videographer, without waiting for the balance to be invoiced.

2.2. Services included or excluded

EVISEL offers the Customer virtualization of the stage, at the Customer's home or any other location chosen by the Customer (in agreement with EVISEL). 

EVISEL reserves the right to add or modify all or part of the contents of its catalog of services at any time and without notice.

Article 3 - Image rights and intellectual property rights

Delivery of the virtual scene on digital media does not imply transfer of intellectual property rights to the videos delivered (Art. L111-3 of the French Intellectual Property Code). The videos delivered are for distribution within the family circle only, in the broadest sense of the term (family and guests). No publication may be made on paper (magazine, press, etc.) or virtual media (Internet site for commercial use, transfer of rights to third parties) without the prior consent of the Videographer. Any violation of this provision shall constitute an infringement within the meaning of article L335-2 of the French Intellectual Property Code.

The Bride and Groom will not crop the films or modify them in any way. Any modification will be considered as an attack on the integrity of the films, which may also lead to prosecution for counterfeiting.

Any digital use, strictly for family or private purposes, even on a public medium (social networks), must be made using only the low-definition files present on the medium delivered, without alteration, cropping or deletion of the watermark appearing on the files.

Any use by the Married Parties in accordance with this contract shall be accompanied by an explicit reference to the Videographer's site in the following form:

©EVISEL https://evisel.fr/Virtual-Memories/

The Bride and Groom agree to notify the Videographer of any fraudulent use that they have observed.

Article 4 - Image rights

By signing this agreement, the Bride and Groom consent to the use of certain photographs or film on the Videographer's communication media:

• Videographer's website
• Social networking
• On all existing or future media promoting the videographer.

The Videographer undertakes to keep the Bride and Groom informed of the various publications of their films.

The Videographer undertakes not to use the films for purposes likely to harm the persons represented.

No use shall be made by the Videographer other than for his own communication needs.

No rights shall be transferred to third parties without the authorization of the bride and groom appearing therein. This authorization is granted for a period of 10 years from the signing of this agreement.

Article 5 - Cancellation

5.1. Cancellation by the Bride and Groom

The deposit paid on signing the contract is proof of a firm and definitive commitment. No cancellation will be accepted, except in cases of force majeure as defined in article 5.4 below.

5.2. Cancellation by the Videographer

No cancellation may be made by the Videographer, except in duly justified cases of force majeure.

In the event of force majeure, the Videographer undertakes to contact another partner Videographer to provide the service.

However, it can be difficult to find a replacement professional videographer at the same price and with the same level of quality in a short space of time.

In the event of it being impossible to find an alternative, and subject to proof of force majeure preventing the Videographer from performing his service, no compensation may be claimed from the Videographer. The Videographer will offer the beneficiaries a new photo session or couple's film as soon as possible, or will refund the full amount paid by the Bride and Groom.

5.3. Date change

Any change to the date of the service is considered a cancellation.

If the Videographer is available for the new date, he will propose a new contract. The Videographer shall not be held liable if he is unable to provide the service on the date finally set.

If the cancellation is due to a case of force majeure duly demonstrated by the Bride and Groom, the deposit and any penalties due will be returned to the Bride and Groom.

5.4. Force majeure

Only external events, beyond the control of the Videographer and the Bride and Groom, unforeseeable and insurmountable, making it impossible to perform the obligations, shall be considered as "force majeure". The party invoking a case of force majeure shall provide proof thereof.

Article 6 - Shooting conditions

- Authorization from the person in charge of the religious and/or civil service

The Bride and Groom undertake to verify (and if necessary obtain) the agreement of the person in charge of the religious and/or civil service regarding the principle of filming. The Videographer cannot be held responsible if the person in charge refuses before or on the day of the ceremony, if these circumstances totally or partially prevent the service from being carried out.

- Other service providers / guests

The Bride and Groom guarantee that they have not used the services of another service provider for the photographic or film coverage of the event. Should they fail to do so, they shall immediately inform the Videographer so that the two service providers can contact each other to determine the terms and conditions of their respective services.

The Videographer cannot be held responsible for any inconvenience caused by the second service provider, or even the guests or relatives of the Bride and Groom. The Bride and Groom undertake to ensure that their guests give the Videographer priority at all times for the shots, without hindering or obstructing the Videographer.

- Following instructions / Service unit / Equipment

Customers agree to abide by the Videographer's instructions.

The Videographer's services are provided in one go. The Videographer's time may not be split up, except by prior agreement between the parties.

The Videographer undertakes to provide himself with sufficient equipment to carry out all of his services, and to ensure that he uses equipment that is in a good state of maintenance and operation. He will take the necessary care to ensure that memory cards are progressively backed up and post-processed according to the rules of the art. He will not, however, be held responsible for the unexpected failure of any part of his equipment, in which case it will be considered a case of force majeure preventing the delivery of part of the photographs.

- Bad weather

In the event of weather conditions preventing normal shooting, an alternative solution will be defined as far as possible in advance and put in place to meet the obligations of the contract.

The Bride and Groom acknowledge that unfavorable weather conditions may partially or totally affect the results and quality of the shots, without the Videographer being held responsible.

- Guest films and attitude

The Bride and Groom authorize the Videographer to film all guests and persons present at the event. They will be personally responsible for any dispute on the part of one of the guests, and will reach an agreement with the latter regarding the distribution of the photographs and films within the family context.

The Videographer undertakes not to make any promotional use of the films depicting any of the recognizable guests without obtaining their prior consent.

The Bride and Groom undertake to assist the Videographer in such a case, and to allow the Videographer to contact the person concerned.

The Videographer will make every effort to obtain films of all guests, but will not be held responsible if certain people are not filmed. Before the ceremony, the Bride and Groom should introduce to the Videographer any important people (witnesses, parents, close friends, etc.) whom they feel it is imperative should appear on the films. In the event of a discrepancy between the instructions of the bride and groom and those of their close relations (parents, witnesses), the former will be given preference and will be solely binding on the Videographer.

The Videographer will not be held responsible if films are not made or are spoiled by the presence of guests who interfere with the smooth running of his services.

Article 7 - Artistic style

The Bride and Groom acknowledge that they are familiar with the Videographer's portfolio and style, and request his services with full knowledge of the facts and because of his artistic style. They also acknowledge that the Videographer's work is constantly evolving, and that the films may therefore not be identical to those already viewed in the Videographer's books or communication media.

The Videographer undertakes to use all his potential and artistic judgement in the making of the films, whatever the working conditions, to create images in line with his personal vision of the event, in the style and lineage of what was shown to the Bride and Groom to determine their choice.

The Bride and Groom agree to participate actively in the session, respecting the Videographer's instructions. They will share their wishes and ideas to enrich the film series, and are aware that their involvement is a determining factor in the success of the couple's session.

During group sessions, they undertake to direct their guests to ensure that the organization is as efficient and rapid as possible.

Article 8 - Digital files

- Hosting, storage and preservation

Once delivered to the Bride and Groom, films on USB keys or by downloading digital files will be stored and archived under their full responsibility.

The Bride and Groom are aware of the limited duration of digital media, and are encouraged to make backups in sufficient quantity and on a variety of media.

Possession of the digital files does not confer on the Bride and Groom any intellectual property rights over the films they contain, and their delivery therefore does not preclude the application of article 4.1 above with respect to the Videographer's copyrights.

The Videographer undertakes to keep the digital files for a period of 12 months from the date of the wedding.

- Film processing/Retouches

Film processing involves cropping, colorimetry and adjustments to all films.

The Videographer will be free to accept or refuse any request for modifications to the film made by the Bride and Groom, and in this case reserves the right to invoice them for any additional work made necessary by their request. However, the videographer accepts 1 modification after the film has been viewed by the bride and groom. Any additional modifications will be billed according to the time spent.

Article 9 - Delivery times

9.1. Delivery times

Depending on the formula chosen by the Bride and Groom, the digital files and/or products will be delivered within the following timeframes:

The USB key with the film of each event, no later than 6 weeks after the wedding date.
The VR headsets with the showroom, no later than 6 weeks after the wedding date.
The link to access the showroom on the internet, no later than 6 weeks after the wedding date.

For all additional orders, the deadline will be indicated to the Bride and Groom at the time of their order.

The above-mentioned lead times may be extended in certain specific circumstances beyond the control of Le Vidéaste: supplier out-of-stock conditions, strikes, etc.

Shipping costs for products included in the initial offer are included in the cost of the service.

Shipping costs for additional products are the responsibility of the Bride and Groom and will be indicated at the time of order.

9.2 Receipt of orders

The Bride and Groom undertake to confirm to the Videographer the proper receipt of orders by email or telephone within 5 days of receipt thereof. Any alteration to the products delivered must be reported by email or telephone within the same timeframe, and the products returned to the Videographer.

The new products will be sent by the Videographer, after completion by the service provider of his choice, as soon as possible with compensation for the cost of returning the damaged product, according to the rate indicated on the return envelope.

Article 10 - Expenses

- Videographer's fees

If the Videographer's services take place during a lunch or dinner, the Bride and Groom are responsible for the Videographer's meal. The Bride and Groom must guarantee a proper meal. In the evening, the same meal as the guests is highly appreciated.

Depending on the location of the wedding, the Videographer may need to be accommodated. The cost of this accommodation is the responsibility of the Bride and Groom. They must guarantee a comfortable bed.

Fees are detailed when the contract is signed, and if not, will be invoiced as follows:

Travel by car: 0.40 € /km
Travel by train or plane: cost of ticket according to proof and cost of pre/post transportation from the station/airport to the ceremony venue and back
In the event of on-site accommodation: accommodation costs to be chosen by and paid for by the Bride and Groom.

If the location of the service changes or is not precisely defined at the time of signing the contract, the Bride and Groom will be required to pay any expenses incurred.

In all cases, the Bride and Groom shall bear the cost of any additional expenses (access fees charged at certain locations, compulsory paid parking, etc.) upon production of supporting documents by the Videographer.

- Overtime

Any overrun of the times agreed when the contract is signed will be billed at €50 inc. tax/hour (per ¼ h begun).

Article 11 - Payment terms

- Down payment

The deposit is a down payment on the total price of the wedding virtualization, and is proof of a firm and irrevocable commitment by the parties to the contract. A deposit equivalent to 30% of the total amount including VAT is required on the day the contract is signed, with the remaining 70% payable no later than the week before the wedding.

- Controls

All orders other than those included in the initial contract will be invoiced at the rate in force on the day the order is received.

Payment for products ordered must be made in full by cheque on the day the order is placed. Products not paid for in full remain the property of Le Vidéaste and will not be delivered.

- Terms of payment

All prices indicated in the present contract are in euros, inclusive of tax and include, where the Videographer is subject to VAT, VAT at the rate in force on the day the contract is signed.

Payment is to be made by cheque or bank transfer to the order of the Videographer, as identified on page 1 of the present contract.

Any default in payment shall entitle the Videographer to cease all services, and may give rise to legal proceedings. Any delay in payment shall give rise to the payment of interest at the minimum rate stipulated in article L441-6 of the French Commercial Code (legal interest multiplied by three), payable ipso jure and without reminder, calculated on amounts exclusive of tax.

Article 12 - Change of formula/Withdrawal

- Change of formula

At any time, the Bride and Groom may choose to upgrade to a higher package, but the reverse is not permitted.

- Withdrawal

When the contract has not been concluded at the Videographer's offices, the law allows the Bride and Groom to withdraw from the contract within 14 days of signing it (Art. L121-18 of the French Consumer Code). In the event of retraction within the legal time limit, the deposit will be refunded in full.

Article 13 - Complaints

- Finding an amicable solution

Any complaint must be made by registered letter with acknowledgement of receipt within 5 days of the service or delivery of the product in question, including public holidays, as evidenced by the postmark.

In the event of a dispute, the parties agree to first seek an amicable settlement before taking any legal action.

Article 14- Personal data

The personal data collected by the Videographer in the course of fulfilling the order placed by the Customer is kept strictly confidential and is intended for the Videographer's exclusive use. It may not be transferred to third parties. Data is processed and stored on the Videographer's own IT systems or those of his technology suppliers (data storage and processing, grouped dispatch of information by e-mail, online payment gateway).

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978 relating to data processing, data files and individual liberties, the customer has the right to question, access, modify, rectify and delete any personal data concerning him or her.

Article 15 - Applicable law

Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.

Before taking any legal action, the parties undertake to find an amicable solution to their problem or to submit their dispute to the mediator designated below.