GENERAL TERMS AND CONDITIONS OF SALE FOR PRIVATE CLIENTS
ARTICLE 1 - PARTIES
ON ONE HAND, THE PHOTOGRAPHER:
Ms. Anna Cantu,
born May 21, 1989 in Montpellier
Residing at 698, route du Villaret,
74120 MEGEVE
SIRET No.: 848 757 092 00020
contact@cantu.fr - 06 36 11 21 37
&
ON THE OTHER HAND, THE CLIENT:
The person purchasing the service, as registered during the online booking process.
ARTICLE 2 - SUBJECT MATTER
PORTRAIT PHOTOGRAPHY SERVICE
The dates, times and locations of the session are determined during the online booking process, as well as the identity of the persons to be photographed. Any modification shall result from an exchange of emails between the parties, bearing the mention "Agreed" from each of them.
Please note that the Client undertakes to notify any change of session location. Such change is subject to the Photographer's approval and may result in additional charges for the Client.
The Photographer reserves the right to substitute another photographer at any time and/or to propose a new date in the event of unavailability, which the Client hereby accepts.
The Client declares to be familiar with the Photographer's style. No claim may therefore be made against the Photographer on the grounds that the style of the photographs does not suit the Client or the persons photographed.
ARTICLE 3 - COLLECTIONS & DELIVERABLES PAYMENT - WAIVER OF RIGHT OF WITHDRAWAL
The Photographer declares not to be subject to VAT. All prices indicated are therefore net of tax.
3.1 PRICES FOR SESSIONS, COLLECTIONS & DELIVERABLES
The Client acknowledges that the prices contained in these terms are only guaranteed for twenty-one (21) days from the first email exchange with the Photographer. Any online booking made by the Client after this period may be subject to a price revision and/or refusal by the Photographer. Once the booking has been confirmed with payment of the session fee of €200 (two hundred euros), the rates are guaranteed.
SESSION FEE | PRICE EXCLUDING ADDITIONAL COSTS
The session fee is payable at the time of online booking, which constitutes acceptance of these terms. A contribution to travel costs may be included as a supplement at the time of booking, depending on the location.
Portrait photography session — €200 (session fee, at home or outdoors — maximum 2 hours — no images included)
Promotional offer: On the occasion of specific events, the Photographer may offer mini-sessions at exceptional rates communicated at the time of the offer.
COLLECTIONS
Collections must be selected and paid for via the online gallery within 10 days of receipt. Choosing a collection means selecting a number of downloadable photographs.
The Story I — €150 (10 downloadable photographs in high-definition JPEG format — access to an online gallery for 6 months)
The Narrative I — €300 (30 downloadable photographs in high-definition JPEG format — access to an online gallery for 6 months — €30 store credit on the online shop)
The Complete Story I — €500 (all downloadable photographs in high-definition JPEG format (minimum 50 photos) — access to an online gallery for 6 months — €100 store credit on the online shop)
PRINTS | PRICE EXCLUDING ADDITIONAL COSTS
Prints can be ordered via the online gallery shop. These prices do not include shipping costs, which are determined by the printer based on the order.
Albums & Magazines | from €50 (Magazine — Hardcover books — Lay-flat albums)
Prints | from €36 (Set of 14 prints)
Photo Box | from €80
Greeting Cards | from €60 (Set of 24 prints)
3.2 COSTS BORNE BY THE CLIENT
Travel costs, parking & paid access to certain locations
When the session takes place more than 30 km from the Photographer's professional address as defined in Article 1, travel costs will apply from the 1st kilometre beyond the included distance, at a rate of €1.20 per km, based on a return journey from the Photographer's professional address to the session location.
The Photographer may send the Client an invoice for additional expenses supported by receipts following acceptance of this agreement. This invoice must be paid upon receipt to cover ancillary costs whose amount could not be determined in advance (parking, paid access, etc.).
When a promotional offer applies, the location is defined by the Photographer and does not therefore give rise to any travel costs.
3.3 PAYMENT TERMS
To book the Photographer for the session date, the Client must read and accept these terms and pay the full session fee of €200. Payment must be made by credit card directly through the online booking and payment tool.
Any late payment of deliverables will give rise to interest at the statutory rate multiplied by three, due automatically and without prior notice or reminder, and the Photographer shall be entitled to withhold the session pending full payment.
GIFT VOUCHERS
Gift vouchers purchased from the Photographer and given to the beneficiary Client are neither exchangeable nor refundable. The beneficiary Client must contact the Photographer within the validity period stated on the voucher. Once the validity date has passed, the voucher is forfeited.
3.4 WAIVER OF RIGHT OF WITHDRAWAL
The Client gives their prior and express consent for the performance of the service to begin before the end of the fourteen (14) day period and acknowledges having definitively waived their right of withdrawal, in accordance with the provisions of the French Consumer Code (Art. L.221-28, 1°, 3° and 13°).
Excerpts from the provisions of Art. L.221-28, 1°, 3° and 13° of the French Consumer Code:
"The right of withdrawal may not be exercised for contracts: 1° For the supply of services fully performed before the end of the withdrawal period and, if the contract requires the consumer to pay, the performance of which has begun with the consumer's prior express consent and acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the trader; [...] 3° For the supply of goods made to the consumer's specifications or clearly personalised; [...] 13° For the supply of digital content not provided on a tangible medium, the performance of which has begun before the end of the withdrawal period and, if the contract requires the consumer to pay, when: a) The consumer has given their prior express consent for performance to begin before the expiry of the withdrawal period; and b) The consumer has acknowledged that they will thereby lose their right of withdrawal; and c) The trader has provided confirmation of the consumer's agreement in accordance with the second paragraph of Article L.221-13."
ARTICLE 4 - SPECIFICS OF DELIVERABLES Deliverables — Indicative delivery timeframes Payment terms & Data storage
The processing of photographs involves post-production work on all photographs, at the Photographer's sole discretion. The Photographer shall be free to accept or decline any request by the Client for additional processing (e.g. removal of a ring the photographed person forgot to take off, slimming retouching, etc.). If an agreement is reached, the Photographer may invoice the additional work involved, following acceptance of a supplementary quote specifying the payment terms. Such acceptance may result from a simple exchange of emails and the Client's "Agreed" confirmation.
4.1 INDICATIVE DELIVERY TIMEFRAMES
The photographs will be presented to the Client within one (1) month following the session date. Upon receipt, the Client will have ten (10) days to choose their Collection. Delivery of the photographs will take place immediately after payment of the Collection in the event of a waiver of the right of withdrawal, or after the fourteen (14) day period otherwise. (indicative timeframes)
Prints will be delivered within the timeframes indicated by the online gallery shop at the time of ordering.
In the event of loss or delivery delay on the part of a supplier, the Photographer cannot be held liable and no compensation of any kind may be claimed from them. Any complaint regarding the quality of products must be submitted by the Client in writing no later than midnight on the day of delivery.
4.2 PAYMENT TERMS FOR DELIVERABLES NOT INCLUDED IN A SESSION
All deliverables must be paid for in full on the day of ordering via the online gallery.
4.3 DATA STORAGE
The Photographer undertakes to make reasonable efforts to retain the HD files for a period of twelve (12) months from the date of the session.
Likewise, the Photographer undertakes to make reasonable efforts to maintain access to the online gallery with low-resolution files for six (6) months from the date of publication.
However, once the HD images have been delivered, Clients are solely responsible for preserving the photographs and must ensure that they implement their own backup solutions. The Photographer cannot under any circumstances be required to reproduce or replace images that have been lost, stolen or destroyed.
Clients are therefore strongly advised to make regular backup copies.
ARTICLE 5 - COLLABORATION
5.1 COLLABORATION BETWEEN THE PARTIES
The Parties acknowledge that the smooth running of the photography service depends on their ability to collaborate in order to achieve the desired outcome, it being noted that the Photographer's obligation is one of means, not of result.
Each Party individually undertakes to collaborate in good faith to contribute to the proper performance of all obligations under these terms.
Any serious breach of this obligation may justify the non-performance of the obligation that depends on such collaboration by the other Party or Parties.
The Client warrants that the person(s) to be photographed will comply with this obligation of collaboration, and acknowledges that no claim may be made against the Photographer if the persons represented have failed to comply with said obligation.
5.2 ILLUSTRATIONS
Non-exhaustive list
The aforementioned obligation of collaboration entails, by way of illustration, the following:
The Client undertakes to liaise with the persons to be photographed at their request so that they are available before the session to discuss the organisation with the Photographer, and naturally on the day of the session itself.
Likewise, the Photographer undertakes to be available to answer relevant questions from the Client and the persons to be photographed, within reasonable limits.
The Client acknowledges that the Photographer cannot be held responsible for the lack of cooperation of any person who is unwilling to be photographed and/or to follow their instructions. The Photographer's liability cannot be engaged if any of the persons to be photographed were to disrupt the smooth running of the service.
Given the inherently unpredictable nature of photography (e.g. photographing children/babies, outdoor photography, etc.), the Photographer cannot guarantee the delivery of a specific image expected by the Client or the persons photographed.
The Client acknowledges that any delay on the part of one or more persons to be photographed is likely to significantly impact the Photographer's schedule. Consequently, the Client accepts that any such delay will be deducted from the session time. No rescheduling will be offered and, in all cases, the full price remains due by the Client.
ARTICLE 6 - PHOTOGRAPHER'S COPYRIGHT
The Client acknowledges that the photographs produced by the Photographer remain the Photographer's original work, on which the Photographer alone holds copyright.
The Client therefore acknowledges that they may only make personal use of the photographs delivered at the end of the service, strictly within a family and social context (i.e. limited to the persons photographed and, where applicable, their private contacts on social networks such as Facebook and Instagram). Any other use, whether for consideration or not, must be the subject of a new written agreement between the Parties or directly between the Photographer and the persons photographed.
The Client acknowledges that any breach on their part or on the part of third parties (including the persons photographed) to whom they have transmitted the photographs may result in legal proceedings, in particular on the grounds of copyright infringement, which constitutes both a civil and criminal offence.
Also by virtue of copyright law, the Client undertakes not to modify the photographs delivered (no cropping, retouching or otherwise). Any request for modification must be addressed to the Photographer and will be subject to a supplementary quote.
The Client warrants that third parties to whom they transmit images, including the persons photographed, will comply with these rules.
The Client and the persons photographed are authorised to reproduce and save the files on any medium of their choice solely for archiving purposes, for personal and private use only, and under their sole responsibility.
In the event of publication of the photographs by the Client or the persons photographed within the aforementioned authorised framework, they undertake to credit the Photographer's name and include a link to their website.
ARTICLE 7 - PERSONAL DATA
7.1 PURPOSE OF PROCESSING, LEGAL BASIS
The Photographer operates a website at www.anna.cantu.fr and an online gallery platform at https://photos.cantu.fr
The website is used to receive client orders and the online gallery provides password-protected access to photo galleries featuring the persons photographed at the Client's request.
The data collected on these occasions is recorded and processed in a client file.
This file is used to:
Manage orders, payments and deliveries.
Carry out marketing operations (loyalty programmes, promotions) and send promotional emails to clients who have not objected or who have consented:
Regarding products similar to those they have ordered.
Regarding other products offered by the Photographer. For example, if a client purchases an individual portrait session, a family portrait session may subsequently be proposed to them.
Share client data with commercial partners who have consented, to enable them to send advertising (see below).
7.2 LEGAL BASES FOR PROCESSING
Order management: the legal basis for processing is the performance of a contract (cf. Article 6(1)(b) of the European Data Protection Regulation).
Sending commercial solicitations by email regarding products similar to those ordered by clients: the legal basis for processing is the Photographer's legitimate interest (cf. Article 6(1)(f) of the European Data Protection Regulation), namely to promote the Photographer's products to their clients.
Sending commercial solicitations by email regarding other products offered by the Photographer: the legal basis for processing is consent (cf. Article 6(1)(a) of the European Data Protection Regulation), as required by Article L.34-5 of the French Postal and Electronic Communications Code.
Sharing email addresses with commercial partners: the legal basis for processing is consent (cf. Article 6(1)(a) of the European Data Protection Regulation), as required by Article L.34-5 of the French Postal and Electronic Communications Code.
7.3 CATEGORIES OF DATA
Identity: title, surname, first name, address, delivery address, telephone number, email address, date of birth, internal processing code for identifying the Client and/or persons photographed, data relating to registration on opposition lists.
Order data: transaction number, details of purchases, purchase amounts, invoice settlement data (payments, unpaid amounts, discounts), product returns.
Payment data: credit card number, card expiry date, security code (which is immediately deleted).
Data required for loyalty and prospecting activities: purchase history.
Photographic data: photographs of the persons photographed at the Client's request.
7.4 DATA RECIPIENTS
The Photographer's client services and billing departments are recipients of all categories of data.
Sub-contractors responsible for order delivery are recipients of the client's identity, address and telephone number.
They may also, where they play a role in the storage or printing of the aforementioned photographs, be recipients of said photographs of the persons photographed at the Client's request.
The email addresses of Clients and/or persons photographed who have consented are made available to our commercial partners:
Acuity by Squarespace (website and online booking)
PicTimeUs (online gallery platform)
Adobe Creative Cloud suite including Lightroom (photograph processing)
Abby (CRM)
Matisseo Pro (online printer via PicTimeUs)
Canva (visual design)
7.5 DATA RETENTION PERIODS
Data required for order management and invoicing: for the duration of the commercial relationship and ten (10) years in accordance with accounting obligations.
Data required for loyalty and prospecting activities: for the duration of the commercial relationship and three (3) years from the last purchase.
Data relating to opposition lists for prospecting: three (3) years.
Payment data: this data is not retained by the Photographer; it is collected at the time of the transaction and deleted upon full payment.
Photographic data: this data will not necessarily be retained by the Photographer once the HD photographs have been delivered; it is collected during the photography session and may be deleted at any time, at the latest upon expiry of the Photographer's copyright protection period, which, under current French law, is seventy (70) years after their death.
7.6 RIGHTS OF THE CLIENT AND/OR PERSONS PHOTOGRAPHED
If the Client and/or the persons photographed no longer wish to receive advertising from the Photographer (exercise of the right to object or withdrawal of previously given consent), they may contact the Photographer at contact@cantu.fr, preferably with the subject line "Right to Object & Personal Data".
If, after having consented to their data being shared with commercial partners, the Client or a person photographed wishes to withdraw this consent and no longer receive advertising from said partners, they may contact the Photographer at contact@cantu.fr.
The Client and the persons photographed may access, rectify or request the deletion of their personal data. They also have the right to data portability and the right to restriction of processing of their personal data (they may consult cnil.fr for further information on their individual rights regarding their personal data).
To exercise these rights or for any questions regarding the processing of their data, they may contact the Photographer:
By email: contact@cantu.fr
By post: Anna CANTU, Personal Data, 380 av Olympique, 73150 VAL D'ISÈRE
If the Client or a person photographed believes, after having contacted Anna CANTU, that their data protection rights are not being respected, they may submit an online complaint to the CNIL (French data protection authority).
ARTICLE 8 - CHANGES Changes of date — Cancellation Force majeure
8.1 FORCE MAJEURE PREVENTING THE PHOTOGRAPHER FROM PERFORMING THE SERVICE
In the event of an impediment affecting the Photographer that is unforeseeable and beyond their control, the Photographer undertakes to use their best efforts to find a substitute photographer at no additional cost to the Client. However, this constitutes a mere obligation of means, and the impossibility of finding a substitute within the required timeframe shall, if duly evidenced, release the Photographer from all obligations.
8.2 IN THE EVENT OF REFUSAL OF THE SERVICE BY THE CLIENT
Should the Client change their mind and cancel the service, all sums received shall be retained and any outstanding balance shall remain due to the Photographer by the Client.
8.3 IMPEDIMENT — RENEGOTIATION BETWEEN THE PARTIES WITH THE ASSISTANCE OF THE PERSONS TO BE PHOTOGRAPHED
In the event of circumstances preventing the session from proceeding as planned on the scheduled date, which are beyond the control of the Parties and the persons to be photographed, an alternative solution shall be negotiated in good faith between the Parties, with the involvement of the persons to be photographed, as soon as possible, in an effort to honour the collaborative spirit of the agreement.
The Client acknowledges that such renegotiation may, in certain cases, partially or entirely affect the outcome of the photographs and their quality, without the Photographer's liability being engaged. Furthermore, the Client acknowledges that a change of date, if envisaged, may result in an increase in the Photographer's rates, particularly if the session were to take place in the following calendar year.
8.4 IN THE EVENT OF RENEGOTIATION OF A CLAUSE IN THIS AGREEMENT
If, due to circumstances beyond the control of the Parties (e.g. illness of the Photographer and/or of the persons to be photographed at the Client's request, natural disaster, etc.), either Party wishes to renegotiate a clause of this agreement:
The other Party undertakes to respond promptly in writing, and no later than 72 hours after receipt of the aforementioned written request, potentially proposing three alternative nearby dates, in compliance with the obligation of collaboration set out in Article 5.
Where necessary, the persons to be photographed may be invited to the meeting arranged, to ensure that decisions are effectively reached (e.g. in the event of agreement on a change of date and/or location), such agreement naturally depending on their availability.
In the absence of an agreement between the Parties, the most diligent of them may refer the matter to the Consumer Mediator in accordance with the procedure set out in Article 9 below, or bring the matter before the competent court.
ARTICLE 9 - MEDIATION Consumer mediation — Applicable law
In the event of a dispute, each party undertakes not to damage the reputation of the other contracting party, in particular on social media. Failing this, the defaulting party may be subject to civil and/or criminal proceedings.
9.1 CONSUMER MEDIATOR
In the event of a dispute, the Client must first contact the Photographer's client service. To do so, the consumer-client may contact the Photographer by email at contact@cantu.fr or by post at: Anna CANTU Photographe, 698 avenue du Villaret, 74120 MEGEVE. The Photographer undertakes to provide a response/solution within a maximum period of 4 weeks following receipt of the complaint.
If the Client considers that they have not received a satisfactory response from the client service (or no response) within 2 months, they may contact C&C-Médiation, the designated consumer mediator.
In the event of an unresolved dispute, the consumer mediator may be contacted at the following addresses:
Information and online referral (via form): www.mediateurconso-bfc.fr
The Mediator may be contacted by post at: C&C-Médiation, 37 rue des Chênes, 25480 MISEREY-SALINES.
Please note: the Client must demonstrate that they have already contacted the trader's client service in writing prior to submitting their request. If the Client's request is deemed admissible, the mediator will handle the dispute (complaints dating back less than 12 months).
If necessary, the parties retain the right to refer the matter to the competent court.
The consumer-Client may also consult the European Online Dispute Resolution platform ("ODR"): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR or the Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
9.2 APPLICABLE LAW
The law applicable to any dispute arising from the interpretation or performance of this agreement or its consequences is French domestic law, in its substantive rules, excluding any conflict of laws rules.
9.3 CONSEQUENCES OF A JUDICIAL DECLARATION OF NULLITY OF A CLAUSE
In the event that any provision of this agreement were to be deemed unwritten or declared null and void by a court, the invalidation of such provision shall not affect the remainder of the agreement, unless the overall balance of the agreement were threatened and its complete annulment were then to be ordered.
Last updated: November 14, 2025