General conditions of use and legal notices

1. PRESENTATION

Valentina Benigni offers photographic services (photo shoots and photographic reports) (hereinafter “Photographic services”) as well as products such as photographic prints from her reports, photo books (hereinafter “Products”), as well as photo workshops (hereinafter "  Workshops”). Valentina Benigni is a professional photographer, president of the company (SASU) VB PRODUCTION. The head office of his company is located at 4, rue Crémieux, 30000 Nîmes, France. SIRET number: 892 176 223 00022. APE code: 7420Z.

 

2. PURPOSE

These General Conditions of Sale govern the relationship between Valentina Benigni (hereinafter the “Photographer”) and the Client (hereinafter the “Client”) for the services set out below via the website www.valentina-benigni. com .

The fact that any Customer orders a product offered for sale on the website www.valentina-benigni.com implies full acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to ordering.

These General Conditions constitute a contract between the Client and the Photographer.

The Photographer reserves the right to modify its conditions of sale at any time and without notice. The Customer is therefore invited to consult them when accessing the site again. The modified General Conditions will come into force as of their posting on the Site and will therefore apply automatically.

The fact of ordering Services or Products after any modifications made to the General Conditions will be worth acceptance by the Customer of these modifications. It is therefore the Customer's responsibility to regularly consult the General Conditions.

If the Customer refuses to comply with any of the obligations and conditions contained in these General Conditions, he is invited not to order Services or Products.

 

 

3. PHOTOGRAPHIC SERVICES

3.1. Object

The Photographer performs the photographic service after validation of an estimate by the Client, and when this occurs, after signing a service contract.

3.2. Price and terms of payment

The price of the service is fixed according to the project requested by the Client. It is established in euros. VAT is applicable (20%).

The Customer chooses to pay a deposit of 50% at the time of signing the estimate or contract or to pay the entire service after the service.

In case of deposit, the balance will be paid on the day of the photographic service. A paid invoice will be issued by the Photographer upon receipt.

Payment can be made by bank transfer, bank check or PayPal account payable to the Photographer (for details, please contact me at contact@valentina-benigni.com).

Any overrun of the total duration of the service provided for in this contract will be invoiced in addition for an amount of €40 per half hour started.

3.3. Submission of photographs

A photo gallery will be available within a maximum of three weeks after the date of delivery. The photographs will be sent via an online download platform or usb key. Two qualities will be made available to the Client: an HD version and a version whose quality is optimal for social networks.

3.4. Third Party Online Photo Print Download and Purchase

At the Client's request, the Photographer may offer the purchase of prints of the photographs. It is the Client's responsibility to notify the persons captured in the photo and to obtain their consent. Any person present in the photographs posted online can exercise their image rights and request the removal of the photographs representing them, by justifying their identity,  by post to the Photographer's address. The conditions related to the purchase of products are specified in part 4 of the GCS.

3.5. Intellectual property and image rights

3.5.1. Intellectual property

The communication and use of photographs are subject to the provisions of the Intellectual Property Code and are independent of the rights of third parties to whom the user must contact directly to obtain publication authorizations. Each unforeseen use must be the subject of a new transfer.

The assignment of rights for the benefit of the individual Customer following the purchase of a personal service includes the sole right of reproduction, that is to say the right to fix the photographs on all media and all formats by the Customer. The images provided to the Client can only be used in a family setting, on a strictly personal and private basis.

However, the Photographer authorizes the Client to distribute his images on social networks and personal blog as soon as the Client and his entourage agree to mention the name of the Photographer.

The assignment of rights for the benefit of the Client following the purchase of a professional service also includes the right of commercial use. The images provided to the Client can therefore be used in a professional and commercial context for the promotion of your activity.

Whatever the service purchased, respect for the work is materialized by the impossibility for the Client to transform, crop, modify the photographs without the written consent of the Photographer.

All these provisions are regulated by Law No. 92-597 of July 1, 1992 on the Intellectual Property Code.

3.5.2. Image rights

According to articles 226-1 to 226-8 of the Civil Code, every individual has a right to respect for his private life as well as a right to image.

The Client is, by law, the inalienable owner of his image and the Photographer scrupulously respects this image right.

The Client authorizes the Photographer to use one or more shots of the Client taken during a service, without reservation, for its own promotional use (book, portfolio, website, exhibition, traditional or digital print).

No use will be made by the Photographer outside of its own communication needs and without prior validation of the photos chosen by the Client. No rights will be transferred to third parties.

3.6. Obligation of the Photographer

The Photographer undertakes to process the photographs according to the rules of the art and to make all the necessary corrections.

The Photographer will make every effort to complete the service successfully and discreetly. It will only provide professional grade media.

The files of the photographs taken during the service will be kept by the Photographer for a minimum of ten years.

In the event of loss or theft of the images taken within the framework of this contract, the Photographer undertakes to return the sums received for his service.

3.7. Customer Obligations

The Client declares to be of legal age and to pose freely and voluntarily.

The Client acknowledges having hired the Photographer largely because of his photographic style to which they adhere: they will leave him complete freedom to carry out the service and edit the photos according to his sole inspiration.

The Client undertakes to do everything possible to facilitate the work of the Photographer.

In the event of a religious celebration, whatever the nature of the worship, the Customer undertakes to obtain the prior agreement of the person in charge of the liturgical service on the principle of the authorization to photograph. In case of refusal of the latter, the Photographer cannot be held responsible for the non-execution of his mission during this part of the ceremony.

The photographs may represent places, buildings, architectural monuments, works, objects and trademarks protected and registered as well as people and animals protected (by copyright - articles L.111-1 to L. 132-33 of the Code of intellectual property - and by image and property rights - articles 9 and 544 of the civil code). It is up to the Client to negotiate directly with the holders of these rights the authorizations necessary for the use of the photographs (publication, reproduction, representation). In the event of a dispute, the responsibility of the Customers is fully engaged.

3.8. Cancelation

The contract can be canceled by the Customer free of charge one month before the date of the service. After this period, an invoice for 50% of the total amount of the service will be sent to the Customer. The Photographer must be notified by registered mail.

If the Photographer is unable to provide the agreed service, he informs the Customer who will have the choice between an immediate refund of the deposit paid for the reservation, or replacement by a partner Photographer selected and recommended by the Photographer, under the same financial conditions as those provided for in this agreement.

However, the responsibility of the Photographer cannot be engaged if the non-execution or the bad execution of his obligations is due to the fact of the Clients, to the insurmountable and unforeseeable fact of a third party or to a case of force majeure.

3.9. Data Privacy

The Customer's personal data collected by Valentina Benigni is used for the purpose of preparing the service and sending her orders.

The information collected by Valentina Benigni during any Customer order is necessary for the management of his order. In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 modified by law n ° 2004-801 of August 6, 2004, the Customer has a right of access, rectification, opposition and deletion of data concerning him with Valentina Benigni by sending him a letter.

For more information, please consult the Terms and Legal Notices page.

 

 

4. PRODUCTS

4.1. Ordered

In accordance with Article L. 111-1 of the Consumer Code, the Customer may, prior to his order, take note, on the website www.valentina-benigni.com, of the essential characteristics of the product(s) or service(s) he wishes to order.

The order can be placed by the Customer via the website www.valentina-benigni.com or by requesting a quote.

The Customer undertakes to provide sincere and true information.

Any order by the Customer implies the express and unreserved acceptance of these General Terms and Conditions of Sale.

Upon receipt of all of this information, Valentina Benigni sends the Customer an order confirmation by e-mail to the address provided when ordering as soon as possible, containing all the information provided by the Customer.

The contract is validly formed only from the validation by Valentina Benigni of the order by e-mail to the Customer's e-mail address.

No order cancellation will be accepted once the work has started, in accordance with the provisions of article L. 121-20-2, 3° of the Consumer Code.

Valentina Benigni may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the sale is attributable either to the Customer or to the fact, unforeseeable and insurmountable, of a third party to the sale. , or a case of force majeure.

Updates to these conditions, products and prices may occur at any time, without notice.

4.2. Price and payment

Sale prices are calculated individually based on the data provided by the Customer directly on the www.valentina-benigni.com website. These are in euros but do not include delivery costs, which remain the responsibility of the Customer and are indicated on the order in addition to the products or services selected.

Limited edition art products (art books or fine art photographic prints) are subject to a reduced VAT rate (5.5%) in accordance with the law. 

Orders placed on the site are payable in euros. Payment is made via the secure payment system offered.

Orders made on the site are payable in cash in euros. Payment is made through the secure payment system offered.

The Customer wishing to pay for his order by check or bank transfer can make the request to Valentina Benigni. In this case, unless formally agreed between Valentina Benigni and the Customer, the terms of payment are 15 days net. They will in no way be different from the LME law n°2008-776.

Failure to pay an invoice when due makes all other invoices immediately payable, even those not due, and authorizes Valentina Benigni to suspend the execution of orders. Any delay in payment, in any form whatsoever (upon receipt of invoice, by commercial paper, etc.), on the due date automatically entails and without prior notice the application of penalties of 2% per month, to which will be added the collection costs of a lump sum of €40. This clause is equivalent to a penalty clause where necessary, said indemnity not including taxable legal costs and expenses as well as other indemnities, where applicable, allocated by the court eventually seised.

4.3. Delivery

The delivery of the products or services ordered by the Customer will be made to the address indicated by the Customer when ordering. The Customer undertakes to notify Valentina Benigni as soon as possible in the event of a change in the delivery address.

The delivery time is estimated between 2 and 6 weeks from the confirmation of the order by Valentina Benigni.

The Customer verifies, upon receipt, the conformity of the products or services with his order.

In the event of non-compliant delivery or of a defect, the Customer shall immediately inform Valentina Benigni in writing, and return, at its expense and within two working days of delivery, the products referred to at the registered office of Valentina Benigni.

Failing this, he will be deemed to have accepted the products as they are, and any contractual liability of Valentina Benigni will be excluded.

Stains and surface defects will only be accepted as a defect if they are visible at a distance equal to the greater of the lengths of the print.

In the event that the Customer has caused the return of the packages sent by refusing them or by not recovering them within the time limit set by the carrier (generally 7 to 10 days), and in the event that the packages have been recovered by Valentina Benigni in good condition, the Customer may ask Valentina Benigni to forward the parcels. The amount of the costs invoiced by Valentina Benigni will amount to €5 including tax for unpacking, verification and packaging in addition to the actual costs invoiced by the carrier.

4.4. Evidence

The data recorded by Valentina Benigni (in particular as to the nature and date of orders placed) is authentic between the parties and constitutes proof of all transactions between Valentina Benigni and the Customer.

4.5. Right to retract

In accordance with the provisions of Article L. 121-20-2, 3° of the Consumer Code, the printing, printing, development are analyzed as a supply of goods made according to the consumer's specifications or clearly personalized, which may deprive the consumer of his right of withdrawal for 7 working days. Therefore, any right of withdrawal of the Client will be excluded once the work of Valentina Benigni has started.

4.6. Data Privacy

The Customer's personal data collected by Valentina Benigni is used for the purpose of sending him his orders, to contact him in the event of a problem related to his order, and to inform him of the offers and services offered by Valentina Benigni.

The information collected by Valentina Benigni during any Customer order is necessary for the management of his order. In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 modified by law n ° 2004-801 of August 6, 2004, the Customer has a right of access, rectification, opposition and deletion of data concerning him with Valentina Benigni by sending him a letter.

For more information, please consult the Terms and Legal Notices page.

4.7. Copyright and intellectual property

The Photographer is the only one to have the right of reproduction, representation and disclosure of his work, these do not extend to the Client, thus any transfer, retrocession, rental and any loan to a third party of photographs or document derivatives (prints, duplicates, internegatives, CD-Roms, DVDs, etc.) for payment or free of charge are prohibited without the written consent of the Photographer.

The assignment of rights for the benefit of the individual Customer following the purchase of a personal service includes the sole right of reproduction, that is to say the right to fix the photographs on all media and all formats by the Customer. The images provided to the Client can only be used in a family setting, on a strictly personal and private basis.

However, the Photographer authorizes the Client to distribute his images on social networks and personal blog as soon as the Client and his entourage agree to mention the name of the Photographer.

The assignment of rights for the benefit of the Client following the purchase of a professional service also includes the right of commercial use. The images provided to the Client can therefore be used in a professional and commercial context for the promotion of your activity.

Whatever the service purchased, respect for the work is materialized by the impossibility for the Client to transform, crop, modify the photographs without the written consent of the Photographer.

All these provisions are regulated by Law No. 92-597 of July 1, 1992 on the Intellectual Property Code.

The photographs may represent places, buildings, architectural monuments, works, objects and trademarks protected and registered as well as people and animals protected (by copyright - articles L.111-1 to L. 132-33 of the Code of intellectual property - and by image and property rights - articles 9 and 544 of the civil code). It is up to the Client to negotiate directly with the holders of these rights the authorizations necessary for the use of the photographs (publication, reproduction, representation). In the event of a dispute, the Customer's responsibility is fully engaged.

4.8. Image rights

The adults represented in the photographs offered for sale agree to display their image on the private gallery made available by the client of Valentina Benigni. Managers of minors or persons under guardianship also declare that they authorize the visibility of photos representing them.

The client(s) undertake(s) to be jointly and severally liable in the event of damage caused by the abusive or misused use of the images by a third party without their knowledge.

In accordance with the law, people can request at any time the removal of one or more images representing them as soon as they can be clearly recognized.

 

 

5.  PHOTOGRAPHY WORKSHOPS

5.1 Registration for Photography Workshops via the website www.valentina-benigni.com

5.1.1. To book a Workshop via the website www.valentina-benigni.com, the Customer must be  :

-       or a natural person having reached the age of legal majority and/or having the capacity to conclude a contract within the meaning of the law, and having accepted these General Conditions without any reservation. In the event that the Workshop  is reserved for a person who has not reached the age of legal majority and/or does not have the capacity to contract within the meaning of the law, the Customer acts under the exclusive responsibility of his parents and/or guardian legal, who undertake under these  Terms and conditions. The latter undertake to ensure that the  Customer respects the terms of these General Conditions of Sale in all its provisions and therefore relieves Valentina Benigni of any responsibility for monitoring, the latter being bound only to  execution  of the Workshop under the conditions set.

In any case, a minor customer  must be accompanied by an adult. This person will have to make a reservation for them as well, for two places in total.

-       or a legal entity, in which case the person making the commitment on behalf of the legal entity concerned must be duly authorized to represent the latter.

Regardless of their method of registration, the Customer guarantees to Valentina Benigni that they have provided accurate, truthful, up-to-date and complete information concerning their identity and contact details, and in particular their email address.

The Customer undertakes to regularly update all the information concerning him relating to his profile, in order to preserve their accuracy. Each Customer may at any time modify the data concerning him, which he deems useful or necessary, by clicking via the "  Client area  ".

Valentina Benigni reserves the right to verify that these General Conditions have been complied with and, as such, to request from the Customer all the information and verifications necessary to certify the veracity of the information communicated by the latter.

The data provided by the Customer when booking is intended for the exclusive use of Valentina Benigni, who undertakes not to distribute them to third parties. They will be used to send to  Customer  information relating to the Workshops for which he has registered, and other one-off information (targeted promotional offers if the Customer has agreed to receive them when registering).

5.1.2. Registration for a Workshop 

Online registration for a Workshop is done by contacting the Photographer directly on the Site via the "  Atelier” of the site www.valentina-benigni.com, the Customer being able to select:

-         the theme of the Workshop that he wishes to follow;

-         the date of the Workshop he wants to book depending on availability and places still available indicated on the website.

  Registration can be made as long as the Workshop  is open for reservation on the Site and that there are still one or more places available, the Workshops being limited to a determined number of participants.

  Given the technical constraints related to the operation of the Site and in order to ensure effective payment of the Workshop by the Customer, registration only becomes final upon receipt by the Customer of a confirmation email. registration  at the selected Workshop: in the absence of receipt of such an e-mail, the Customer cannot consider that his registration has been validated by Valentina Benigni and will therefore not be accepted at the Workshop concerned.

5.1.3. Gift vouchers and Packs  :

The Client also has the option of purchasing a credit in the form  :

-         either a Gift Voucher, accessible via the "Workshops -  Gift Certificates  »  ;

-         either packs, accessible via the "Workshops -  The Packages”.

 

The purchase of "  Gift Vouchers” and “  Packs” generates a code corresponding to a credit making it possible to pay for Workshops according to the methods described in article 3.4. This Code is sent by e-mail after collection to the e-mail address communicated during the purchase.  The Customer is informed that this credit allows the purchase of all or part of a Workshop depending on the date of purchase, the prices of the Workshops being likely to be modified between the purchase of the Voucher  Gift or Pack and order from the Atelier.

As such, the information provided on the site is only indicative on the day of purchase of the Voucher.  Gift or Pack. The Gift Voucher or the Pack is not sent by post. No documents are sent by post.  This Code is valid for a period of one year from its issuance.

In the absence of use of the Code during the period described in article 3.3.2., it will automatically expire and the Customer will not be able to use it or obtain a refund.  Passed the expiration date of the Code  no extension is possible. This one is definitely lost.

The  "  Gift Vouchers  »  as well as  "  Packages  »  cannot be combined with additional discount codes.

5.1.4. Financial terms

Payment for a Workshop is made by bank payment (i) when registering for the Workshop or (ii) when purchasing a “  Gift  or a "  Package”. This payment can be made  :

- By PayPal  : payment is made by PayPal account, by providing the requested information. Payment is made via a secure platform.

- By Stripe  : payment is made by Stripe account, by providing the requested information. Payment is made via a secure platform.

- By bank cheque: payment is made by means of a bank check made out to "  VB PRODUCTION  » that the Customer must send to the address 4, rue Crémieux 30000 Nîmes with the indication of the order number on the back of the check. Registration will be processed when the check is cashed, which may lead to an additional delay of approximately five (5) working days required for the check to be cashed by Valentina Benigni, payment by check does not guarantee the reservation of a place in a Workshop until the cashing of the check.

Failing receipt of the check either within fifteen (15) days of the order or within five (5) working days (Saturday and Sunday not being worked) preceding the date of the Workshop  ordered, Valentina Benigni may cancel the request.

In addition, the Customer is informed that the processing time for a payment by check implies that the selected Workshop may no longer be available if the maximum number of participants has been reached in the meantime.  : the Client will then be offered either a new Workshop date or a cancellation of his request.

Payment by bank transfer is also possible, in this case please send an email to contact@valentina-benigni.com for details.

The Customer will receive his invoice directly to the email address indicated when registering for the Workshop.

Finally, the promotions offered are in no way retroactive, and only apply to orders placed from the day of distribution of these promotions.

5.1.5. Promotional Sales and Flash Sales
Valentina Benigni reserves the right to organize flash sales (exceptional promotions for a limited time) on the products of its choice, subject to all of these General Terms and Conditions of Sale.

5.2.  Registration for the Photography Workshop on estimate by means other than on the website www.valentina-benigni.com

The Customer has the possibility of contacting Valentina Benigni to organize Workshops within the framework  :

-         either professional events ("  Company Event  ")  ;

-         or more generally, grouped events (“  Groups and Events  ")  ;

-         either to obtain personalized Workshops not appearing on the Website www.valentina-benigni.com or which are not usually offered by Valentina Benigni and which correspond to a specific request that the Customer has previously sent to the Company.

  Valentina Benigni then studies the request and if Valentina Benigni considers this request feasible, then sends the Customer a quote for validation and acceptance under conditions to be determined with the Customer.

5.3.  Modification – cancellation

5.3.1.  Modification of a Workshop date by the Client

The Customer has the possibility of modifying a date of the Workshop within the following deadlines  (hereinafter "  Modification Deadlines  ”):

-        for Workshop courses lasting more than 3 hours  : up to fifteen days (15) days before the date of the Workshop;

-        for all other Workshop  :  up to seven (7) days.

  Given the management of the Workshop schedule, no modification of date or refund is possible after the modification period (7 days) before the date of the Workshop.  concerning. Any place reserved is due in full and the Customer cannot obtain reimbursement of the Workshop, even partial,  nor a replacement by another Workshop, whatever the cause.

The first change request is made free of charge. Any other modification is made subject to acceptance and under certain conditions and subject to the payment of a management fee of 15 euros per Workshop, this modification only being taken into account once they have been received.

The ability to change a Workshop date once  on time does not apply if the reservation was made using a voucher purchased on a third party site as part of promotional offers.

5.3.2.  Exercise of the right of withdrawal

In accordance with Article L.121-21-8 12 of the Consumer Code, the Workshops offered by Valentina Benigni constitute a leisure service provided on a date or according to a determined frequency and the Customer is informed that as a result , he does not have a right of withdrawal. In this regard, the Client may not request Valentina Benigni to reimburse a Workshop for any reason whatsoever.

In accordance with Article L.121-21 of the Consumer Code, the Customer may obtain reimbursement for the purchase of a Gift Voucher (excluding special rates, temporary discounts and promotional reductions)  or a Pack within 14 days of receipt of the Code by contacting Valentina Benigni at the email address contact@valentina-benigni.com .

Upon receipt of all of these documents within the time limits indicated, the Customer will be reimbursed for all sums paid within 15 days of receipt of the request.

  This right cannot be exercised in the event of even partial use of the Code during this period.

5.3.3.  Modification or cancellation of a Workshop by Valentina Benigni

Valentina Benigni reserves the right to cancel a Collective Workshop within a minimum of 24 hours if the minimum number of 4 participants is not reached  and this, for pedagogical and/or quality reasons of the Workshop.

The Customer will then be offered by email to select another date for the same selected Workshop.

More generally, Valentina Benigni reserves the right to postpone the Workshop, to modify the place where it takes place, the content of its program or the facilitators (if provided), while respecting the same educational quality of the Workshop chosen by the Customer if circumstances beyond his control require him to do so.

5.4.  Intellectual property – image rights

5.4.1.  Use of Photographs

  The Photographs taken during the Workshops are taken on the initiative of Valentina Benigni as to its organization and its methods of execution (hereinafter "  photos  ").

These Photographs being taken following the instructions provided by Valentina Benigni in charge of the Workshops for the proper execution of these General Conditions, the Customer understands and acknowledges  :

-       that he cannot claim authorship in accordance with articles L.111-1 et seq. of the intellectual property code on the Photographs taken during the Workshops  since Valentina Benigni and/or the Professional Photographer animating the Workshop can only claim ownership of the intellectual property rights over these Photographs and therefore, dispose of them at their convenience, 

-       that for all useful purposes, in particular promotional purposes, the Customer assigns to Valentina Benigni, all the intellectual property rights on the Photographs to which he could claim taking into account the particular circumstances of their realization, in particular but not exclusively, the rights of exploitation, reproduction, representation, adaptation as they result from the provisions of the Intellectual Property Code, in particular articles L.122-1 and this for the whole world and for the entire legal duration of protection of the rights of author provided for by the Intellectual Property Code (CPI), international conventions and their possible renewals and this, without limitation of the number of reproductions and without limitation of the number of representations, for all countries and all languages, for all modes of exploitation and on all media (paper editions, digital media, optical discs, storage media, multimedia, etc.), using any format ( framing report, still images, animated sequences, etc. and by all technical processes known to date or to come (digitization and computer storage, downloading or any computer means, all electronic communication and/or mobile radiocommunication networks ...).

- Valentina Benigni may assign these rights to third party partners, in particular to ensure the promotion and presentation of its activity.

For example, Valentina Benigni and her partners may in particular, but not exclusively,  to exploit  the images produced by reproducing them on any medium aimed at promoting and presenting its activity: physical promotional media (brochures, flyers, etc.), this Site, any page created on a social network (in particular but not exclusively Facebook, Twitter, Instagram, Pinterest, Google+ or LinkedIn).

Valentina Benigni nevertheless authorizes the Customer to reproduce the Photographs on any medium, using any format and by any technical process known to date or to come, for strictly personal purposes and limited to a private setting.

Any other use of the Photographs by the Client must be subject to prior authorization from Valentina Benigni.

The Photographs are likely to represent the image of the Customers participating in the Workshop.

As part of the promotion and presentation of the Workshops organized by the Photographer, Valentina Benigni may use and distribute Photographs representing the Clients, for their own account on all media, for a maximum period of 10 years from the date of the end of the Workshop, without any other right or financial compensation for their benefit.

Customers who refuse such use of their image are invited to contact Valentina Benigni to inform them of their refusal. They accept, however, that the supports already printed continue to be used  while stocks last in the Workshop.  Valentina Benigni undertakes to modify these supports before any reprinting.

Any other use for purposes other than promotional and presentation of the activity of Valentina Benigni will be subject to the prior authorization of the Clients.

5.5.  Duration - termination

5.5.1.  Effective Date

These General Conditions are subscribed for an indefinite period from their acceptance by the Customer, the acceptance of a modified version of the general conditions under the conditions described in article 1 being worth acceptance of the said modifications from their validation.

5.5.2.  Termination by Valentina Benigni

By right, Valentina Benigni may immediately suspend access to the Account and prevent any purchase or registration on the Site, in the event of non-compliance with these General Conditions by the Customer. In this case, Valentina Benigni will notify this suspension to the Customer by e-mail, and give him formal notice to put an end to this violation.

At the end of a period of eight (8) days from this notification which has had no effect, Valentina Benigni may automatically terminate the contractual relationship with the Client, without formality and subject to any damages to which she may claim. in compensation for the damage resulting for it from this situation and without the Customer being able to obtain reimbursement of the sums that the Customer would have already paid for any Workshop  rules.

Valentina Benigni reserves the right to deactivate the Customer's Account at the end of a period of total inactivity of its Account equal to or greater than twelve (12) months from  the date of the Client's last connection to its management interface.

Finally and in general, Valentina Benigni may terminate any Account by electronic notification subject to 2 months' notice.

5.5.3.  Termination by the Customer

The Client may terminate his Account at any time by making a request to Valentina Benigni.

If the termination date desired by the Customer is earlier than a scheduled date of a Workshop  ordered, the Customer will then be unsubscribed from the Workshop. He will then no longer be able to benefit from it and will not be able to request partial or total reimbursement from Valentina Benigni.

Within forty-eight hours following this unsubscription, which implies the termination of the contractual relationship with the Client, all data concerning the Client may be erased from Valentina Benigni's databases, with the exception of those whose retention is required by law. to Valentina Benigni, and the Client will no longer have access to his Account. 

5.6.  Guarantees - liability

5.6.1. Customer Warranty

The Customer understands and acknowledges that his actions during the Workshop are decisive for the success of the Workshop, for him and for the other Customers who have subscribed to the Workshop.  concerning.

Consequently, the Customer undertakes to adopt a positive, responsible and respectful attitude within the framework of the Workshops and in particular  vis-à-vis the facilitator and other Clients, to respect the instructions submitted to him and to respect all the security measures for him and for the other people participating in the Workshop, in particular for those carried out outdoors (traffic, respect for the public, etc.).

More generally, it is recalled that any person participating in a Workshop must respect the terms of these General Conditions as well as the regulations in force.  : in case of registration for a Workshop  through a third party, the latter makes sure that all the people he has registered for the Workshop or who participates in the Workshop  through it complies with the terms of these General Conditions.

The Customer is solely responsible for the objects and personal effects brought by the customer (ex: camera, computer, telephone,  memory card or any other material of any type whatsoever) and more specific of the material that it uses within the framework of the Workshops (hereinafter jointly "  equipment  "). As a result  :

- Valentina Benigni cannot be held liable for damage or loss of the Customer's Equipment as well as the deletion or deterioration of the data stored therein, the Customer being responsible for any insurance necessary for the use of the Material within the framework of the Workshop.  In the same way, it is recommended that the Customer backs up his data before using his Equipment during the Workshop;

- Valentina Benigni may ask the Customer to reimburse the sums she has had to pay to repair or replace the equipment she has lent to the Customer and for which the latter would be responsible for the deterioration.

Any breach of these General Conditions by the Customer may result in the exclusion of the Customer from the Workshop.  and more generally, to all Workshops  subsequent subscriptions without the Customer being able to obtain reimbursement and without prejudice to compensation for the damage suffered by Valentina Benigni.

In the event that the Workshop is reserved for a person who has not reached the age of legal majority and/or who does not have the capacity to contract within the meaning of the law, the Customer acts under the exclusive responsibility of his parents and/or their legal guardian, who undertake under these  Terms and conditions. The latter undertake to ensure that the  Customer respects the terms of these General Conditions of Sale in all its provisions and therefore relieves Valentina Benigni of any responsibility for monitoring, the latter being bound only to  execution  of the Workshop  under the conditions set.

In all cases, a minor customer must be accompanied by an adult. This person will have to make a reservation for them as well, for two places in total.

In the event of non-compliance by the Customer with these General Conditions of Sale, Valentina Benigni reserves the right to exclude the Customer under the conditions defined in article 5.5.2. and will then warn the person whose contact will have been communicated beforehand, who will then have to take charge of the Customer immediately.

5.6.2. Liability of Valentina Benigni

Valentina Benigni makes every effort to provide a service in accordance with these General Conditions and the essential terms of the Workshops selected by Customers and more particularly  its theme, duration and date, taking into account the reservations expressed in these General Conditions and in particular in Article 5.

The Customer nevertheless acknowledges that the proper supply of the Workshops depends on criteria beyond the control of Valentina Benigni and on which the latter has only limited means, linked in particular  to Customers registered for the Workshops (level of participants, equipment used, behaviour, etc.) or to outdoor conditions (weather, works, traffic, etc.), Valentina Benigni making her best efforts to ensure that the Workshops  are carried out under the best possible conditions for the Clients.

Valentina Benigni reserves the right, at any time and without notice, to modify any information appearing on the Site as part of the update of its Workshops  or the correction of errors or inaccuracies.

Valentina Benigni cannot be held responsible for poor Photography taken by the Client, following her advice.

In any event and to the fullest extent permitted by applicable law, and in the event that Valentina Benigni is found directly liable for any damage not provided for above, Valentina Benigni's liability shall be limited to direct damages, some, real and established and the compensation due cannot then be greater than the amount of the Workshop  chosen by the Customer and at the Workshop from which the damage occurred. In addition, VB Production cannot be held liable for any consequential damages as a result of these conditions, operating loss and/or loss of profit (including fees), damages or costs.

 

6.  APPLICABLE LAW AND REGULATION  DISPUTES

The conclusion, interpretation and validity of these General Conditions are governed by the law of the French State.

Subject to the provisions of public order applicable in terms of jurisdiction, the courts within the jurisdiction of the registered office of Valentina Benigni shall have sole jurisdiction to hear any dispute relating to these General Conditions, including, without this enumeration being exhaustive, any dispute relating its validity, interpretation, execution and/or termination and its consequences.

In order to facilitate their exchanges, the Customer accepts that Valentina Benigni's computer systems and files are valid between them, unless he provides proof to the contrary of at least the same value.
Thus, Valentina Benigni may validly produce within the framework of any procedure, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on all digital or analog media, and to rely on it, except for manifest error.

 

7.  CONTACT

  For any questions or information, Customers can contact Valentina Benigni by:

-         either by completing the contact form on the Site,

-         either by email to the address  email contact@valentina-benigni.com

-         either by telephone on +33 6 35 14 88 50 from Monday to Friday from 9:30 a.m. to 6:30 p.m.

 

 

last update  : November 22, 2023