GENERAL TERMS AND CONDITIONS OF SALE
Eugenie Smirnova Photography
Effective from 12 April 2026
This is a courtesy English translation of the French CGV (Conditions Générales de Vente). In the event of any discrepancy, the French version shall prevail.
Article 1 — Purpose
These General Terms and Conditions of Sale (hereinafter « GTC ») define the rights and obligations of the parties in connection with the sale of photography services offered by Eugenie Smirnova Photography (hereinafter « the Photographer ») to its clients (hereinafter « the Client »).
These GTC apply to any order placed with the Photographer, whether the Client is a consumer (B2C) or a professional (B2B), unless specific conditions are agreed upon in writing. In case of conflict, the individual contract shall prevail over the GTC.
The Client acknowledges having read these GTC prior to signing the quote or contract. Validation of the quote or signing of the contract constitutes full and unconditional acceptance of these GTC.
Article 2 — Identification of the Service Provider
Legal name: PODBELTSEVA Evgeniia
Trading name: Eugenie Smirnova Photography
Legal form: Micro-entreprise (sole proprietorship, French law)
SIRET: 844 175 240 00010
APE Code: 7420Z — Photographic activities
VAT: Not applicable, article 293B of the French Tax Code (franchise en base de TVA)
Registered address: 8 Place Roger Salengro, 31000 Toulouse, France
Domiciliation agent: HELLODOM SAS (SIREN 878 831 312, approval DOM 2023024)
Email: ezhphotos@gmail.com
Phone: +33 6 69 72 84 90
Website: ezh.photos
Professional liability insurance: Hiscox SA — Policy No. RCPH278564906 (Professional liability €100,000 / General liability €10,000,000)
Article 3 — Description of Services
The Photographer offers professional photography services, including but not limited to:
- Wedding and elopement photography
- Couple, portrait and family sessions
- Corporate and event photography
- Derivative products (albums, prints) available as add-ons
The essential characteristics of each service (duration, location, approximate number of photos, delivery timelines, price) are detailed in the personalised quote provided to the Client.
The Photographer works alone (without a second photographer) unless otherwise stated in the quote.
Article 4 — Quote and Booking
Every service is subject to a personalised quote, provided free of charge upon request.
Validity: The quote is valid for thirty (30) days from the date of issue. After this period, the Photographer reserves the right to revise the prices.
Booking: The date of the service is reserved upon receipt of the signed quote and payment of the deposit. Before this date, no exclusivity is guaranteed.
Price lock: The price is definitively fixed at the time of booking (receipt of the deposit).
Article 5 — Prices and Payment Terms
5.1 Prices
Prices are quoted in euros (EUR), all taxes included. Note: « VAT not applicable, article 293B of the French Tax Code ».
Prices are displayed as « starting from ». The final price is that stated on the accepted quote. The minimum booking amount is €249.
5.2 Deposit
A deposit (acompte) is required upon booking. The amount is specified in the quote.
In accordance with article L214-1 of the French Consumer Code, this deposit constitutes a partial and definitive payment of the price. As such, it irrevocably binds both parties to the performance of the contract. The deposit is deducted from the final balance.
This payment constitutes a deposit (acompte) within the meaning of article L214-1 of the French Consumer Code, and not a retainer (arrhes). It irrevocably binds both parties.
5.3 Balance
The balance is due no later than fourteen (14) days before the date of the service, unless otherwise agreed in the quote.
5.4 Payment Methods
Payments may be made by:
- Credit/debit card via Stripe (secure payment)
- Bank transfer (SEPA)
- Wero
- Cheque
- Cash
5.5 Late Payment
In case of late payment, late payment penalties will be applied at an annual rate of 12.65%, in accordance with applicable legal provisions.
For professional clients (B2B): a fixed recovery fee of €40 per overdue invoice is due pursuant to article D441-5 of the French Commercial Code.
Access to the online gallery may be delayed until full payment is received.
Article 6 — Client Obligations
The Client agrees to:
- Provide a complete briefing before the service (schedule, locations, contacts, desired photo list) within the agreed timeframes.
- Provide a meal for the Photographer for any service exceeding eight (8) hours.
- Inform participants (guests, speakers) of the Photographer’s presence and the use of images (assistance clause — see Article 11).
- For outdoor sessions, arrange a backup indoor location in case of unfavourable weather conditions.
- Pay the full price within the agreed timeframes.
Article 7 — Right of Withdrawal
In accordance with article L221-18 of the French Consumer Code, a consumer Client who has entered into a distance contract (by email, website or any other means of distance communication) has a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to justify their decision.
This right does not apply if the service has been fully performed before the end of the withdrawal period with the express consent of the Client, in accordance with article L221-28 of the French Consumer Code.
The standard withdrawal form is appended to these GTC (see Annex).
Article 8 — Cancellation and Rescheduling
8.1 Cancellation by the Client
All cancellations must be notified in writing (email or letter). Cancellation fees are calculated according to the following schedule:
- More than 6 months before the service: 30% of the total price (deposit retained)
- Between 6 and 3 months: 50% of the total price
- Between 3 and 1 month: 70% of the total price
- Less than 1 month: 100% of the total price
Specific amounts by type of service may be specified in the individual contract.
Specific provisions regarding force majeure affecting the Client may be detailed in the individual contract.
8.2 Rescheduling
One free rescheduling is granted subject to a minimum notice of six (6) months and the Photographer’s availability. Beyond the first rescheduling, a supplement may be applied.
8.3 Force Majeure
In the event of force majeure within the meaning of article 1218 of the French Civil Code (natural disaster, hospitalisation, epidemic, official weather alert orange or red), the service will be rescheduled. If rescheduling is impossible, a credit valid for twelve (12) months will be issued. In the event of definitive impossibility, a full refund will be made, less any costs already incurred.
Ordinary weather conditions (rain, wind, clouds) do not constitute force majeure. For outdoor sessions other than weddings, rescheduling may be offered. For weddings, the service is maintained and adapted.
8.4 Cancellation by the Photographer
In the event of cancellation by the Photographer other than due to force majeure, all sums paid will be refunded in full. The Photographer will endeavour to propose a replacement of equivalent competence.
Article 9 — Performance of the Service
The Photographer undertakes to perform the service with the care and diligence of a competent professional, in accordance with an obligation of means (obligation de moyens).
The Photographer’s artistic style is presented on their website and social media. The Client acknowledges having reviewed this style before booking. Differences in aesthetic perception do not constitute a contractual breach.
The Photographer uses professional equipment with dual card slots (systematic real-time backup) and holds professional liability insurance covering the risks related to their activity.
Article 10 — Delivery and Online Gallery
10.1 Delivery Timelines
Indicative delivery timelines are as follows:
- Wedding / Elopement: 4 to 6 weeks
- Couple session: 2 to 3 weeks
- Portrait: 2 weeks
These timelines run from the date of the service and are given as an indication. A reasonable delay shall not give rise to cancellation or compensation.
10.2 Sneak Peeks
For weddings and corporate events, a preview of 20 to 30 photos is generally provided within 48 hours. This is a courtesy gesture and does not constitute a contractual obligation.
10.3 Format and Gallery
Photos are delivered in high-resolution and web-optimised JPEG format, without watermark, via a secure online gallery (Wfolio). Gallery access is valid for six (6) months from delivery. After this period, an archival link (Amazon Photos) may be provided.
Post-processing corresponds to the Photographer’s standard style. Advanced retouching (skin, element removal) is not included unless otherwise stated in the quote.
10.4 RAW Files
RAW files (digital negatives) are not included in the service. They may be provided upon request, subject to specific pricing and a dedicated rights assignment, reserved for professional clients (B2B).
Article 11 — Intellectual Property and Copyright
11.1 Ownership of Rights
In accordance with the French Intellectual Property Code (articles L111-1 et seq.), the Photographer is the author and exclusive holder of copyright over all photographs taken in the context of the service.
11.2 Licence Granted to the Client (B2C)
The Photographer grants the Client, within the framework of the contract, a licence to use the delivered photographs under the following conditions, in accordance with article L131-3 of the French Intellectual Property Code:
- Scope: reproduction, public communication, sharing on personal social media
- Purpose: strictly personal and family use
- Territory: worldwide
- Duration: unlimited
For personal use, credit to the Photographer (© Eugenie Smirnova Photography) is strongly encouraged. For any commercial use (B2B), credit is mandatory as specified in the individual contract. The Photographer retains the inalienable right of authorship under article L121-1 of the French Intellectual Property Code.
11.3 Commercial Use (B2B)
Any commercial use (professional website, advertising, printed materials, display) requires a specific rights assignment. Conditions vary by use: web use included in the package, print = supplement, outdoor advertising = separate contract.
11.4 Modifications
Any modification of photographs (cropping, filters, retouching, montage) without the prior written consent of the Photographer is prohibited, in accordance with the author’s moral right (droit moral, article L121-1 of the French Intellectual Property Code). In the event of unauthorised modification, the Client agrees to remove any credit to the Photographer.
11.5 Photographer’s Portfolio
The Client authorises the Photographer to use photographs taken in the context of the service for professional promotion: website, social media, competitions, professional publications (rights of reproduction and public communication, via internet worldwide and in print within France, for the duration of the Photographer’s professional activity). This authorisation is included in the main contract.
The Client may withdraw their consent to the use of their image at any time by written request (article 9 of the French Civil Code, article 7 of the GDPR). The Photographer shall remove the photographs from all promotional materials within thirty (30) days. This withdrawal does not affect the Photographer’s copyright over the works.
Article 12 — Right to Image
12.1 Client
The authorisation to use the Client’s image is governed by the individual contract and Article 11.5 of these GTC.
12.2 Third Parties (Guests, Participants)
The Client cannot consent on behalf of third parties present during the service (article 9 of the French Civil Code). The Client agrees to inform participants of the Photographer’s presence and the potential use of images (assistance clause).
For the use of identifiable third-party images in the Photographer’s portfolio or social media, specific written consent will be required.
12.3 Minors
Any use of images of minors under 18 years of age requires the written consent of the parent (s) or legal guardian (s).
Article 13 — Liability
13.1 Obligation of Means
The Photographer is bound by an obligation of means (obligation de moyens). They undertake to use all professional means necessary for the proper performance of the service, without guaranteeing a specific result.
13.2 Limitation of Liability
For consumer clients (B2C): in accordance with article R212-1 of the French Consumer Code, no limitation of liability may be imposed on the consumer Client.
For professional clients (B2B): the Photographer’s liability is limited to the total amount of the service concerned, except in cases of gross negligence or intentional misconduct.
13.3 Data Protection (Photographic Data)
The Photographer uses dual card slot equipment ensuring real-time backup, supplemented by systematic backups. In the event of data loss, coverage is provided by professional liability insurance.
13.4 Artistic Style
The Photographer’s artistic style does not constitute grounds for a refund, provided the service has been performed professionally and in accordance with the terms of the contract.
13.5 Weather Conditions
The Photographer cannot be held liable for weather conditions. For outdoor sessions other than weddings, rescheduling may be offered in case of unfavourable conditions. For weddings, the service is maintained and adapted (moving indoors if necessary).
Article 14 — Personal Data Protection
In the context of their services, the Photographer collects and processes personal data (name, contact details, images) in accordance with the General Data Protection Regulation (GDPR — Regulation EU 2016/679).
The legal bases for processing are: performance of the contract (art. 6.1.b), legal obligation (art. 6.1.c), legitimate interest (art. 6.1.f) and consent (art. 6.1.a), depending on the nature of the processing.
Personal data (name, contact details, contractual documents) is retained for the duration of the contractual relationship plus six (6) years (statutory limitation period). Photographs are archived for the same period. Portfolio images are retained until the Client withdraws consent.
The Client has the right to access, rectify, erase, port, restrict and object to the processing of their data. These rights may be exercised by email to: ezhphotos@gmail.com.
In case of a complaint, the Client may contact the French Data Protection Authority (CNIL): www.cnil.fr.
For more information, the Client is invited to consult the Privacy Policy available on the Photographer’s website.
Article 15 — Mediation and Dispute Resolution
15.1 Complaints
Any complaint must be sent in writing to the Photographer at: ezhphotos@gmail.com. The Photographer undertakes to acknowledge receipt within seven (7) days and to provide a response within fifteen (15) days.
15.2 Consumer Mediation
In the event of a dispute between the Client and the Photographer, the parties shall first attempt to resolve it amicably (the Client shall send a written complaint to the professional).
Failing an amicable resolution, or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Client within the meaning of article L.612-2 of the French Consumer Code may submit the dispute free of charge to the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation pursuant to article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle
http://www.mediateur-consommation-smp.fr
Alteritae 5 rue Salvaing 12000 Rodez
The Client may also use the European Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr/
15.3 Limitation Period
In accordance with article L218-2 of the French Consumer Code, any action relating to the performance of these GTC is subject to a limitation period of two (2) years from the performance of the service.
Article 16 — Applicable Law and Jurisdiction
These GTC are governed by French law.
In accordance with Regulation (EC) No 593/2008 (Rome I), French law applies when the contract expressly so stipulates, including for cross-border contracts.
In the event of a dispute not resolved through mediation, the courts of the jurisdiction of the Photographer’s registered address shall have sole jurisdiction, subject to mandatory rules of jurisdiction in favour of the consumer.
Article 17 — General Provisions
17.1 Severability
If any provision of these GTC is declared null or unenforceable, the remaining provisions shall retain their full validity.
17.2 Entire Agreement
These GTC and the individual contract constitute the entire agreement between the parties. Any modification must be made by written amendment.
17.3 Language
These GTC exist in French and English versions. In the event of any discrepancy, the French version shall prevail.
17.4 Updates
The Photographer reserves the right to modify these GTC at any time. The applicable version is the one in force at the time of booking (date of deposit payment).
17.5 Cessation of Activity
In the event of permanent cessation of the Photographer’s activity, all promotional use of photographs shall cease. Personal data shall be deleted in accordance with applicable GDPR requirements. The Photographer’s copyright over the works shall remain with the Photographer or their successors.
Last updated: 12 April 2026
ANNEX
Withdrawal Form
(In accordance with article R221-1 of the French Consumer Code)
To:
Eugenie Smirnova Photography
8 Place Roger Salengro, 31000 Toulouse, France
Email: ezhphotos@gmail.com
I hereby notify you of my withdrawal from the contract for the following service:
Description of service: _______________________________________________
Date of order / contract: _______________________________________________
Client name: _______________________________________________
Client address: _______________________________________________
Date: _______________________________________________
Client signature (only if sent by post):