1. DEFINITIONS
Les mots ou expressions suivantes auront le sens qui suit:
“VeePhotoXXX” means VeePhotoXXX Photography, a division of VeePhoto Inc., registered in the province of Quebec as 9207-3519 Quebec Inc.
“the Client” means the person identified as the customer on a booking form or any visitors of the website.
“Booking Form” means a form (whether or not printed) completed by the Client by which the Client books a photo shoot or orders products.
“Products” means all photographs, prints, albums, calendars, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other products comprising or containing reproduction of any form of photographic material, and which has been created by VeePhotoXXX.
“Order” means any request, order, commission or instruction by or on behalf of the Clients for creation of Products by VeePhotoXXX.
“Price” means the price for an Order as set out on a Booking Form.
Any work of any description undertaken by VeePhotoXXX pursuant to an Order shall be subject to these Terms and Conditions.
2. USE OF THIS WEBSITE
All of the photographs on this website are protected under international copyright law and are the property of VeePhotoXXX Photography.
The purpose of this website is to show examples of VeePhotoXXX’s work, and the images are not intended to be downloaded, copied or used in any way. No image displayed on this website is in the public domain. Any downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited.
All the models seen on this website are 18 years old and older and have signed a model release form.
3. BOOKING AND ORDERING PRODUCTS
3.1 When the Client submits an order to purchase a Product or book a studio session on this website, the Client agrees that he /she does so subject to these Terms and Conditions in force at the time of the Order.
3.2 BOOKING A PHOTOSHOOT
When booking online, a deposit will be required from the Client to reserve the appointment. This payment can be made with credits cards (Amex, VISA or MC) via a secure online payment system. Alternatively, a studio session can be schedule by phone, or in person. Cash and Interac are also available payment methods if the booking is made in person. VeePhotoXXX retains the right to check with the Client’s card provider and/or any credit reference agency to confirm credit information.
Once VeePhotoXXX has received and accepted the Client’s online booking, the Client will receive an email confirming the time and date of the appointment. Acceptance will be deemed to take place when VeephotoXXX confirms a studio session in writing with the Client and this will be deemed to be commencement of the provision of the contract. No other work from other clients will be accepted for this time and date. Until acceptance of the order, VeePhotoXXX reserves the right to refuse to process your order.
3.3 PRODUCTS
Any products ordered online must be paid in full at the time of the order. VeePhotoXXX reserves the right to postpone production until full payment is made. Payment methods are the same as when booking a studio session.
Finance options may also be available and subject to approval.
3.4 Once VeePhotoXXX has received and accepted the Client’s order, the Client will receive an email confirming the order of these products. The client is responsible for checking and verifying the accuracy of the order. If the client notices an error in the order made by VeePhotoXXX, the client must notify VeePhotoXXX within the next 24 hours, after which no changes will be possible. Acceptance will be deemed to take place when VeephotoXXX confirms the order in writing to the Client and this will be deemed to be commencement of the provision of the contract. Until acceptance of the order, VeePhotoXXX reserves the right to refuse to process your order.
Products are not transferable once the Client has received the confirmation email.
4. CANCELLATION & POSTPONEMENT
Once the Client’s order has been sent, the Client’s cancellation rights are limited in accordance with this clause.
4.1 Provided that VephotoXXX has not already confirmed a Studio Session in writing with the Client or confirmed an order for products, the Client has the right to cancel a Contract at any time before he/she receives VeePhotoXXX’s confirmation email accepting the order or the booking. To do so, the Client must notify VeePhotoXXX in writing and send the email to info@veephotoxxx.com. Any deposit made will be returned.
4.2 If the Client wants to cancel a studio session that has already been confirmed, the Client must send an email to VeePhotoXXX, but the initial deposit made to VeePhotoXXX will not be refund. However, if the Client wants to postpone the shoot to another time, if the new date/time is accepted by VeePhotoXXX, the deposit will be applied to the next photo shoot. To postpone the shoot, the Client must notify VeePhotoXXX at least 48 hours in advance by email. The amount of times the Client may postpone the appointment is at VeePhotoXXX’s discretion.
4.3 If the Client discovers he/she has made a mistake with your order for products after it has been submitted, the Client must contact info@veephotoxxx.com immediately. This must be done before the order has been accepted by VeePhotoXX, otherwise the Client will be obliged to pay for the Products ordered.
5. PAYMENTS
The balance due on the studio session will be required the day of the shooting, in cash, by credit cards or interac. Failure to do so will result in interests being charged to the Client (2% /month) and VeePhotoXXX reserves the right to postpone or cancel the studio session or postpone delivery of the viewing gallery until full payment is received.
If additonal products are purchased the day of the shooting or later on, full payment is required before production can start.
6. DELIVERY
VeePhotoXXX will deliver the Products to the Client at the place of delivery requested in the order under 'shipping address'. Alternatively, the Client may decide to collect the Product at the studio, in which case VeePhotoXXX will tell the Client when it is ready for collection. VeePhotoXXX aims to deliver or let the Client know when the Product is ready for collection within the time indicated in the order, but VeePhotoXXX cannot give an exact date. VeePhotoXXX shall not be liable to the Client for late delivery or for informing the Client late that the Product is ready for collection. Delivery times given by VeePhotoXXX or on the site are estimates only.
VeePhotoXXX reserves the right to postpone delivery until full payment is received.
7. PRICES
All studio session and product prices are subject to change without notice, except when VeePhotoXXX has accepted the Client’s order and sent a confirmation email to the Client.
If the price for the order changes before VeePhotoXXX has accepted the Client’s order, VeePhotoXXX will contact the Client and ask the Client to confirm that he/she wishes to proceed at the amended price.
8. USE OF PHOTOS
8.1 The Licence to Use provided with the digital files on CD/USB key comes into effect from the date of payment by the Client. No use may be made of the images before payment in full is received or without VeePhotoXXX written permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
Copyright in all products and images is retained worldwide by VeePhotoXXX at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of VeePhotoXXX’s rights in the products, unless authorized in writing by VeePhotXXX.
The first selection of photos put on a private web gallery for the Client are for VIEWING PURPOSES only. The Client cannot copy, download, reproduce, by any means whatsoever or use these photos for any purpose. These photos cannot be used on social networks, such as Facebook or Twitter, either. These photos will remain available for a 14-day period, after which the gallery will be removed. Additional fees may apply if the Client wants to extend access to the gallery.
When digital files are given to the Client on CD, the right to reproduce these pictures granted by VeePhotoXXX is personal to the Client and may not be assigned to any third party without VeePhotoXXX’s prior written consent. These photos cannot be sold to a third party or used for any commercial purposes
9. REJECTION and RE-SHOOT POLICY
9.1 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
9.2 Re-shoot Policy
In the instance where the Client is unhappy with the images from the shoot, VeePhotoXXX has a re-shoot policy, which states that VeePhotoXXX will, at their discretion, invite the client back for a re-shoot within 1 month of the original shoot. VeePhotoXXX will only offer a re-shoot if they believe it is due/necessary and will resolve the issue. If the Client simply wants more images or is unrealistic about how he/she should appear, VeePhotoXXX will not offer a re-shoot. No images from the existing shoot into the gallery will be added to the gallery either.
10. RETOUCHING
The client decides the amount of retouching and specifications related to airbrushing of the images. These specifications must be sent with the order. VeePhotoXXX reserves the right to make suggestions or changes to the retouching to retain the quality of work put forward by the company. The Client will have access to the retouched images for approval before printing or burning of the images. Additional retouching is at VeePhotoXXX’s discretion and always in line with the company’s house style and ethics.
11. PRINT AND ALBUMS ACCURACY
VeePhotoXXX produces photographic prints and albums as accurately as possible. However, print colours may differ form what the Client sees on his/her online gallery dues to different user settings and monitors. VeePhotoXXX cannot be held responsible for this.
12. DURING YOUR SHOOT
For the comfort of staff members and clients, during your studio session, the studio is a closed set, unless the Client wants to bring a friend or family member. NO CHILDREN are permitted at the studio during VeePhotoXXX shoots.
13. CLIENTS’ CONFIDENTAILITY
VeePhotoXXX will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence or in writing when booking online.
If the Client wishes that his/her photos be used by VeePhotoXXX for promotional use, the Client will sign a model release to VeePhotoXXX. No images will ever be used, shared or published without the Client’s written permission.
14. RETURN POLICY
14.1 In the event that the prints or products are damaged or defective when the Client receives them, or do not match the description specified, the Client will be entitled to return the defective product VeePhotoXXX, within 7 days of receipt. The Client must notify VeePhotoXXX by telephone or email beforehand. In those circumstances, VeePhotoXXX will either reprint the photographs or provide a refund.
14.2 Not Faulty
In the event that the Client returns a product and VeePhotoXXX can demonstrate that they were not faulty when received by you, VeePhotoXXX reserves the right to return the product to the Client and to claim the cost of such return postage.
15. CIRCUMSTANCES BEYOND CONTROL
VeePhotoXXX shall not be liable for any delay or failure to supply or deliver the Products or the images due to any circumstances outside their reasonable control.
16. LIMITATIONS OF LIABILITY
VeePhotoXXX will not be liable to the Client in respect of any indirect or consequential losses, damage, costs or expenses, loss of profit, loss of revenue or loss of goodwill suffered by the Client arising from the Client’s use of the Product or from an order to purchase a Product including any error, omission or defect in the Product, even if such losses were reasonably foreseeable or VeePhotoXXX or its sub-contractors or agents had been advised of the possibility of such losses.
VeePhotoXXX’s total liability to the Client shall not exceed the price of the defective or undelivered Product under the Contract.
17. APPLICABLE LAW
This agreement shall be governed by the laws of Canada and the Province of Quebec.
If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
18. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
