Terms and Conditions

These Terms and Conditions of Sale form a legally binding agreement and apply to all orders and sales of photographic services and products concluded between the client and photographer Micaelo Moura.

Micaelo Moura reserves the right to amend these Terms and Conditions at any time. Each order is governed by the Terms and Conditions applicable on the date the order is placed.

Article 1: Purpose

Micaelo Moura offers private and public photographic services as presented on the website: https://micaelomoura.fr.

By booking a photo session, the client is placing an order and fully accepts these Terms and Conditions without reservation, unless otherwise agreed in writing with the photographer.

Any document other than these Terms and Conditions, such as catalogs, brochures, advertisements, and notices, is for informational purposes only and is non-contractual.

These Terms and Conditions form an indivisible contractual document alongside the service agreement signed by the client.

Article 2: Orders

Booking a photographic service can be made via email, telephone, Instagram, or through the online contact form on the website.

An order is considered accepted upon receipt of the deposit.

Article 3: Pricing and Payment Terms

Prices are listed inclusive of all taxes and are those applicable on the date of the order. If prices change later, any service already booked will retain the original agreed price.

Quotes provided by the photographer are valid for 30 days.

Failure to pay will result in cancellation of photo delivery without refund of any deposit. Photo editing will only begin once full payment is received; a turnaround time of up to 48 hours is expected for post-production.

Article 4: Changes to the Service

Any request to modify a service must be sent via email or SMS at least 15 days before the scheduled service date.

According to applicable laws, the client has a 7-working-day withdrawal period starting the day after the order confirmation. Cancellation within this period will result in a full refund of the deposit unless the service has already been partially or fully provided.

In case of cancellation outside this period, the deposit will not be refunded, except in cases of proven force majeure.

If a session is booked less than 7 days before its scheduled date, the deposit will not be refundable even in the case of withdrawal.

Article 5: Service Execution

Photos are taken by Micaelo Moura. In case of major impediment, another photographer may replace him, with the client's consent.

The photographer has an obligation of means, not results. He will strive to provide high-quality images consistent with his artistic style. Clients acknowledge that the photos may not be subject to rejection based on personal taste.

Article 6: Client Obligations

The agreed time for the session is strict. Any delay by the client will be deducted from the scheduled session time. Delays over 30 minutes may result in cancellation without refund of the deposit.

Clients declare they are adults and agree to be photographed freely, including providing authorization for images of their children if applicable.

Clients must ensure the photographer can work without interference from other amateur photographers or guests.

Children remain under their parents' full responsibility during sessions. Any damage caused by a child or guest must be fully compensated.

Article 7: Post-Processing

Micaelo Moura never delivers unedited images. Photo selection, editing, and artistic retouching are part of the photographer's creative process and style.

Only images edited by Micaelo Moura will be delivered and usable by the parties.

Additional editing requests may be accepted at the photographer's discretion and may incur additional charges.

Article 8: Delivery

Micaelo Moura aims to deliver edited photos within a maximum of 48 hours.

Delays in delivery do not entitle the client to cancel the contract, claim damages, or assert any other claims.

Edited photos are delivered via a private online gallery or download link, in JPEG format. Raw files remain the property of the photographer and will not be provided to the client.

Article 9: Data Retention

After delivery, the client is solely responsible for saving and safeguarding the files.

The photographer declines any responsibility for loss or damage after delivery. Files are kept available by the photographer for six months and can be resent if needed.

Article 10: Responsibilities

10.1 Unfavorable Weather Conditions

In cases of adverse weather (storms, heavy rain, mud, etc.), the photographer cannot be held responsible for the partial or total non-execution of an outdoor session. Sessions may be postponed or moved indoors if needed.

10.2 Force Majeure or Illness

Force majeure (accident, death of a relative, etc.) may justify canceling or postponing a session. In such cases, Micaelo Moura will not owe compensation but will reschedule the session or refund payments already made.

10.3 Technical Problems and Accidents

If technical issues (equipment failure, accident) prevent the delivery of the service, payments will be refunded, but no additional compensation will be owed.

In case of file loss or damage before delivery (e.g., theft, fire), payments will be refunded, but no additional compensation will be owed.

Article 11: Intellectual Property

Photographs taken during a session remain the intellectual property of Micaelo Moura, according to Articles L121-1 of the Intellectual Property Code.

Even after the digital files are handed over, the images are not copyright-free. The client is granted printing and private reproduction rights only, unless a separate commercial license is agreed upon in writing.

Any personal use (publication online, exhibition, etc.) must credit "Micaelo Moura".

Article 12: Right to Image

The photographer reserves the right to use photos for promotional purposes (website, social media, exhibitions, etc.). The client may approve or refuse this when signing the agreement.

Photos where the client is unrecognizable may be used without specific consent. Any photo publicly posted by the client (e.g., on social media) may also be used by the photographer.

Article 13: Personal Data

Personal information collected during orders is strictly used for client management and the performance of services.

Micaelo Moura commits not to share personal data with third parties without the client's consent.

Article 14: Applicable Law

The contractual relationship between the parties is governed solely by French law.

Any dispute relating to the formation, execution, or interpretation of these Terms and Conditions will fall under the exclusive jurisdiction of the French courts.

The client acknowledges having read and accepted these Terms and Conditions.