The following general terms and conditions of sale and service govern the use of the websites www.posenature.fr and www.formations-posenature.fr and regulate the conditions of sales and services offered by the sites. They will prevail over all contrary clauses and conditions that may appear on orders or other documents issued by the client or participant. They constitute a contract between the organizer and the participant.

1 - APPLICATION
The websites www.posenature.fr and www.formations-posenature.fr (hereinafter referred to as "the Site(s)" or "the Website(s)") are owned and operated by the company POSE NATURE SARL, a single-member limited liability company, with a capital of €1,000, registered with the CHAMBÉRY Trade and Companies Register under number 949891774, with its registered office at 6740 route de Pralognan in PLANAY (73350), represented by Mr. Adrien COQUELLE in his capacity as Founder.

These general terms and conditions of sale and service (hereinafter "GTC") apply between:

On the one hand, the Client, an individual of legal age or a legal entity having the legal capacity to contract and acting within the context of a non-professional activity for non-professional needs or acting within the context of a professional activity and/or for professional needs And on the other hand, the Seller or Organizer, Adrien Coquelle.
The GTC apply to all orders placed between the Client and the Seller or Organizer via the Websites. The Client has the possibility, at any time, to register, save, or print the GTC. The Seller or Organizer reserves the right to modify the GTC at any time.

In case of modification, the GTC in effect on the date of the order will apply to each order placed.

Registration or order accompanied by payment for a product/service implies and constitutes full and unconditional acceptance of the current GTC by the Client. The Client must consult them on the website before any payment.

The Seller reserves the right to temporarily suspend access to the Site, without prior notice, especially in the following cases:

To perform technical intervention or maintenance operations.
If the Site is used by the Client in a manner non-compliant with these GTC and/or likely to harm the image of the Site or the Seller or the Site's integrity.
If the Seller receives a notice from a competent authority in accordance with Article 6 II of Law No. 2004-575 of June 21, 2004.
Upon the request of a judicial, police, or administrative authority.
2 - PRICES

The amount of services, photography workshops (*), as well as product sales is expressed in euros. In accordance with Article 293 B of the General Tax Code, VAT is not applicable.

The indicated rates can be modified at any time by the Seller. In the event of a change, only the rates indicated on the Site at the time of registration are final.

(*) The amount charged for photography workshops includes only the facilitation and conduct of the service, advice, and comments on photographs taken by the Client during the workshop. Excluded from the charged amount are accommodation, various meals, insurance, security supervision, participants' equipment and accessories, all journeys to reach the workshop location, and any travel during it.

3 - ORDER
3.1 - ORDER PROCESS
The Client can place an order online from the website www.posenature.fr or www.formations-posenature.fr.

The Client's attention is drawn to the fact that the Site offers certain services and products for a limited time.

Consequently, the Site does not offer a continuous offer of services and products. Therefore, the purchase buttons are not always accessible.

Payment for the services or product purchases is made at the time of registration or order through:

Credit card via Stripe;
PayPal account (credit card or PayPal account);
Or by bank transfer (single payments only).
Except for exceptions, checks are not accepted.

To place an order, the Client must follow the following procedure:

Connect to the Website.
Choose the payment plan:

Depending on the service or product, several payment options are available:

Immediate payment in one installment.
Payment in 3 installments over 3 months.
Payment in 6 installments over 6 months.
Installments are charged to the credit card, PayPal account, or bank account used for payment.

The Client's attention is drawn to the fact that the different payment terms do not apply to all services and products offered on the Site, and only the terms indicated on each service or product presentation page apply.

Choose the payment method:

If the Client wishes to pay via PayPal, they are invited to follow this procedure:

The Client selects their preferred payment method by clicking the corresponding button.
The Client is then directed to PayPal's secure payment site and is invited to carefully follow the instructions and recommendations on this site until the payment process is complete.
Once the order is validated, the Client is redirected back to the Seller's Site.
3.2 - CANCELLATION
In certain cases, particularly non-payment, incorrect address, or other issues with the buyer's account, the Seller reserves the right to block the Client's order until the issue is resolved.

For any questions regarding the order process or tracking, the Client must contact the Seller via email at contact@posenature.fr.

3.3 - INFORMATION ON PRODUCTS AND SERVICES
The products and services governed by these terms and conditions are those listed on the Seller's Website, indicated as sold and delivered by the Seller.

The services are described and presented as accurately as possible. However, if errors or omissions occur in the presentation, the Seller cannot be held responsible.

The Seller cannot be held responsible for any issues related to or arising from the interpretation of products and services sold on the Site.

The Seller reserves the right to remove products and services from sale at any time.

3.4 - VALIDATION OF REGISTRATION/ORDER
Registration for a service or the purchase of a product is only validated upon receipt of payment according to the method chosen by the Client.

Except in exceptional cases, any service or product purchase not paid will result in the cancellation of the reservation or sale, and the reserved space or product will be made available to other Clients.

4 - GENERAL TERMS OF SERVICE

The category "services" includes:

On-site photography workshops
On-site conferences and workshops
Online video conferences and photography coaching
Website creation
4.1 - ON-SITE PHOTOGRAPHY WORKSHOPS
Registration for a photo workshop fully commits the participant to be available and present on the planned date of the registration.

The workshop reservation is confirmed solely by a return email or phone call from the Organizer to the Client, once the order has been placed and paid for.

4.1.1 - Workshop Locations
Except in exceptional cases, the photo workshops offered on the Site are conducted in Savoie, mainly outdoors and/or at the Organizer's residence.

The exact locations and meeting points are decided solely by the organizer and will be communicated to the client after order, by email or phone.

4.1.2 - Renting Photography Equipment
The client's attention is drawn to the fact that a photography equipment rental offer may be proposed to them via email or phone following the booking of a workshop or photography class.

Payment for the rental must be made within 2 days following the date of workshop registration to be able to reserve the equipment on the dates selected by the Client. If payment is not made by this deadline, the photography equipment will be made available to other participants, and the organizer will not be liable for its unavailability in case of a new request from the Client.

A deposit (by check or cash), of an amount depending on the type and quantity of rented equipment, will also be requested from the client. The deposit must be handed over in person to the organizer on the first day of the workshop and will be fully refunded to the client at the end of the workshop, provided the equipment has suffered no damage.

The cancellation and refund conditions for equipment rental remain the same as those of the workshop itself (see article 4.1.3).

4.1.3 - Workshop Cancellation or Shortening
Regardless of the reason for cancellation, participants' expenses for participating in the workshop (accommodation, transport, food, etc.) will not be refunded by the organizer.

Cancellation by the client:

Cancellation received one (1) month at the latest before the start date of the service: a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), or a refund will be offered.
Cancellation received less than one (1) month before the start of the service: a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), will be offered. No refund will be made regardless of the reason for the cancellation.
Cancellation by the organizer:

The organizer reserves the right to cancel up to twelve (12) hours before the start of the service for personal reasons, schedule changes, insufficient participant numbers, or technical problems. In this case, a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), or a refund will be offered.

Cancellation due to government restrictions:

In the case of governmental or health measures preventing the workshop from taking place, the organizer reserves the right to cancel up to twelve (12) hours before the start. In this case, a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), will be offered. No refund will be made regardless of the reason for the cancellation.

Cancellation due to weather conditions:

In the case of unsuitable and difficult weather (conditions that can change rapidly and differ from the known and uncontrollable conditions by the Organizer), resulting in the shortening of the workshop, the Organizer reserves the right to cancel up to twelve (12) hours before the start. In this case, a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), or a refund will be offered.

Other reasons for cancellation:

The organizer cannot be held responsible for the cancellation or shortening of the workshop, and no refund will be made in the following cases:

Unforeseeable incidents or events external to the organizer occurring during the workshop or the photography class and causing delays, additional costs, and/or modifications of the itinerary.
Force majeure cases from a civil or military authority, strikes, fires, floods, storms, or lightning, accidents, riots, terrorist attacks, any act attributable to a third party, or any other circumstance with an external cause preventing the organizer from fulfilling his commitments.
Shortening due to weather conditions:

The Client's attention is drawn to the fact that the workshop takes place in Savoie in a mountainous region where weather conditions specific to this type of environment can change rapidly. No refund will be considered in the event of the workshop being shortened.

Non-attendance by the Client on the day of the service:

In the case of non-attendance by the Client on the day of the service, no date change, voucher, or refund will be made regardless of the reason.

4.1.4 - Conditions of Participation and Conduct of the Workshop
The exact meeting times and instructions will be indicated either at the time of registration or later via email or telephone.

The client commits to strictly adhering to the stated start and end times of the workshop communicated by the Organizer. No report, voucher, or refund will be made for the time missed due to a late arrival or early departure.

To avoid penalizing other participants in the event of the Client's delay, regardless of the reason, the workshop will start at the scheduled time as indicated in the meeting instructions, and the Client will have to join the workshop location at their own expense.

If the early departure is due to an illness or an accident occurring during the workshop, the Client will use their own health/accident/rep

We recommend each participant to contract such insurance before the start of the workshop or photography course.

4.1.5 - Responsibility and Insurance
Any outdoor activity involves certain risks for which the Organizer cannot be held responsible. The participant acknowledges being informed and agrees to have contracted insurance covering these risks.

The participant agrees not to hold the Organizer liable for these risks, whatever they may be (injuries, falls, stings or bites from animals, material damage due to falls or bad weather, medical expenses, transport and repatriation expenses, loss of equipment, economic losses, etc.)

Likewise, the organizer disclaims all responsibility in case of loss, damage, or theft of equipment, clothing, or personal belongings, which remain under the participant's supervision and responsibility throughout the workshop. Each participant is responsible for their own equipment or that of the organizer in case of loan or rental and their own person; consequently, the organizer cannot be held responsible for any theft, physical or material accident occurring during the workshop or photography class.

It is reminded that participation in the workshop or photography course is at the participant's own risk and under their sole and complete responsibility. As a result, the organizer cannot be held responsible for any bodily or material damage resulting from an imprudent initiative by a participant.

If such insurance has not been contracted by a participant responsible for any harm during the workshop, they will assume full financial and legal responsibility.

The organizer cannot be held responsible for unforeseeable incidents or events external to the organizer occurring during the workshop and causing delays, additional costs, and/or route changes, acts of force majeure from a civil or military authority, strikes, fires, floods, storms or lightning, accidents, riots, terrorist attacks, any cause attributable to a third party or other circumstance with an external cause preventing the organizer from fulfilling their commitments.

4.2 - ON-SITE CONFERENCES AND WORKSHOPS
4.2.1 - Quotes
On-site conferences and workshops are only bookable after a quote, valid for 1 month.

Any unpaid sum at its due date will automatically produce late interest equal to three times the current year's legal interest rate and the payment of an amount of €40 due for collection costs.

4.2.2 - Billing
Once the quote is accepted and signed by the client, unless an additional payment delay is mutually agreed upon and stated on the invoice, payment is made by bank transfer no later than the 30th day following the invoice date (C. Com. Art L. 441-6, al.2 amended by the law of May 15, 2001).

Any late payment may result in late penalties payable without reminder, at a rate of 10% of the total invoice per month of delay (Fight against late payments / article 53 of the NRE Law), as well as a lump sum compensation of €40 (C Com. Art. D441-5).

4.2.3 - Cancellation and Refund
Regardless of the reason for cancellation, all expenses incurred by the client to participate in the service will not be refunded by the organizer.

Cancellation by the client:

The organizer reserves the right to cancel up to 12 hours before the start of the service for personal reasons, schedule changes, or technical problems. In this case, a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), or a refund will be offered.

Other reasons for cancellation:

The organizer cannot be held responsible for the cancellation or shortening of the service, and no refund will be made for the following reasons:

Unforeseeable incidents or events external to the organizer occurring during the service and causing delays, additional costs, and/or route changes.
Any damage or loss suffered by the Client due to any accidental or force majeure event, such as any act by a civil or military authority, strikes, fire, flood, storm or lightning, accident, riot, terrorist attack, any act attributable to a third party or other circumstance with an external cause preventing the organizer from fulfilling their commitments.
4.3 - ONLINE VIDEO CONFERENCES AND COACHINGS
4.3.1 - Service Process
Video conferences and coachings take place exclusively online, via Zoom, Google Meet, or MeetJitsi.

After booking a preferred date and once the order has been validated and paid for, the Client will receive a clickable link to connect to the video conference on the day of the service and at the exact time.

4.3.2 - Cancellation/Delays/Non-attendance
Regardless of the reason for cancellation, all expenses incurred by the Client to participate in the service will not be refunded by the organizer.

Cancellation by the client:

Cancellation received seven (7) days at the latest before the service date: a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), or a refund will be offered.
Cancellation received less than seven (7) days before the service date: a date change, a voucher for the amount paid at registration (valid for twelve (12) months for the same type of service or other services offered by the organizer), will be offered. No refund will be made regardless of the reason for the cancellation.
Cancellation by the organizer:

Other reasons for cancellation:

The organizer cannot be held responsible for the cancellation or shortening of the service, and no refund will be made for the following reasons:

Unforeseeable incidents or events external to the organizer occurring during the service causing delays or additional costs.
Any damage or loss suffered by the participant due to any accidental or force majeure event, such as any act by a civil or military authority, strikes, fire, flood, storm or lightning, accident, riot, terrorist attack, any act attributable to a third party or other circumstance with an external cause preventing the organizer from fulfilling their commitments.
Client's delay or non-attendance:

In the case of a delay or non-attendance by the client on the day of the service, no date change, postponement, or refund will be made regardless of the reason.

5 - GENERAL TERMS OF SALE
5.1 - Digital Products
The category "digital products" includes:

Online training;
Downloadable products via clickable links.
5.1.1 - Delivery
The delivery of digital products is exclusively done by sending emails to the address provided by the Client when ordering.

The Client receives by emails login credentials and links to click on to access the digital products.

The Client is invited to verify the accuracy of the email address provided to the Seller when ordering. The Seller cannot be held responsible in case of an error by the Client in communicating their email address.

Once the order is completed and validated, digital products remain freely accessible on the Site, without time limit, unless otherwise specified.

"Lightroom par Nature" training:
The entire order is delivered in 8 successive emails for a total of 128 videos, spread over a period of 65 days, with a waiting period between each module of 7, 10, and 14 days depending on the level and the number of courses previously unlocked. This delay is implemented for pedagogical purposes.

The Client's attention is drawn to the fact that they have the option to immediately access the entire training in exchange for immediate and total renouncement of their commercial guarantee (see article 6.3), but only if they have opted for one-time payment (see article 3.1).

The request must be explicitly sent to the Seller at contact@posenature.fr.

Other digital products:
Unless otherwise explicitly stated on the presentation page, digital products purchased on the Site are delivered in full upon order by sending emails to the address provided by the Client during the order and remain accessible on the Site without time limit, unless otherwise specified.

5.1.2 - Withdrawal and Refund
In accordance with the provisions of Article L121-20 of the Consumer Code, the Client has a right of withdrawal from their order.

The Client has a withdrawal period of fourteen calendar days from the acceptance of the service offer to exercise their right of withdrawal without having to justify reasons or pay penalties.

When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

However, in accordance with Article L121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for contracts concerning the supply of services that have begun to be performed, with the Client's agreement, before the end of the seven-day period.

The Client who has placed an order less than fourteen calendar days before the start date of the ordered training (start date mentioned on the Site) acknowledges and agrees that their right of withdrawal is reduced: the right of withdrawal will end on the start date of their order.

The Client who has exercised their right of withdrawal within the required period will be refunded the full amount paid.

The refund will be made by any payment method of the Seller's choice no later than thirty days following the date on which the right of withdrawal was exercised.

Beyond that, the due amount automatically generates interest at the prevailing legal rate.

5.1.3 - Commercial Guarantee
The Client's attention is drawn to the fact that a commercial guarantee on digital products only may be added to the applicable legal guarantee and the right of withdrawal.

The commercial guarantee only applies to the purchased product if it is explicitly written on the order page in the following form: "Satisfied or refunded for X days." The benefit of the commercial guarantee does not exclude the application of the legal guarantee and the right of withdrawal and does not modify the deadlines and rules of prescription.

Products explicitly carrying the mention "Satisfied or refunded for X days" benefit from a commercial satisfaction guarantee for X days. If the Client is dissatisfied with the product, they have X calendar days from the date of purchase to request a refund.

The Client makes their refund request via email to contact@posenature.fr. The Client must provide their full name, the email address used during the purchase, and any other necessary information for the refund process.

The Client is refunded to the PayPal account or the bank account linked to the credit card used for the order, if applicable, within a maximum of 7 days. In case of payment by bank transfer, the refund is made by the same means and may require a certain processing time.

5.1.4 - Non-application
The Client's attention is drawn to the fact that in case of abuse of the right of withdrawal and/or the commercial guarantee on digital products, the Seller reserves the right to refuse any refund if it is proven that the Client repeatedly abused these rights to access digital products for free by obtaining refunds.

Beyond the 30-day guarantee period, the following reasons are not acceptable for a refund:

Health reasons preventing the client from viewing the videos during their 30-day guarantee period (COVID, hospitalization, etc.)
Technical reasons (poor internet connection, problems viewing the videos, change of residence, etc.)
5.2 - PHYSICAL PRODUCTS
The category "physical products" includes:

Photo reproductions;
Art prints.
5.2.1- Cancellation and Refund
For cancellation requests issued before the photographs are printed, the total order amount will be fully refunded.
For cancellation requests issued after the photographs are printed, no refund will be made, regardless of the reason.
5.2.2 - Liability
The seller commits to ensuring the accurate processing of the order and its delivery.

However, the seller cannot be held responsible for services outside their control, unforeseeable and external incidents or events, additional transport or storage costs, material damage, losses, thefts, delays, and/or economic losses caused by third parties during delivery.

The Client is asked to personally check the condition of the package upon receipt and refuse the delivery if any damage is observed.

Once the package is accepted, the Seller cannot be held responsible for any unnoticed damage.

6 - LEGAL GUARANTEES

The Seller commits to respecting the legal obligations related to guarantees attached to products and services sold on the Website as provided by the Consumer Code and the Civil Code excerpts below:

6.1 - Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, if they had known of the defects.

6.2 - Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

6.3 - Article L211-4 of the Consumer Code
The Seller is required to deliver goods that conform to the contract and is liable for conformity defects existing at the time of delivery.

It also responds to conformity defects resulting from packaging, assembly instructions, or installation when it has been made their responsibility by the contract or has been carried out under their responsibility.

6.4 - Article L211-5 of the Consumer Code
To comply with the contract, the item must:

Be suitable for the use usually expected of a similar item and, if necessary:
Match the description given by the Seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
Present the qualities that a buyer can legitimately expect given the public statements made by the Seller, by the producer, or by their representative, particularly in advertising or labeling;
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the Seller, and which the latter has accepted.
6.5 - Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the item.

6.6 - Article L211-16 of the Consumer Code
When the buyer asks the Seller, during the commercial guarantee granted to them during the acquisition or repair of personal property, to provide a covered repair, any period of immobilization of at least seven days is added to the remaining guarantee period. Such period runs from the buyer's request for intervention or the provision of the item in question if the request for intervention follows the provision.

7 - LIABILITY AND FORCE MAJEURE
In the event that the Seller's liability is retained due to the execution of a contract, this liability will be limited to direct material damages to the exclusion of any indirect and/or immaterial damage and in particular any loss of business, profits, revenue, reputation, clientele, action against a third party, commercial and/or economic injury and other revenue losses.

The Seller cannot be held liable for any total or partial non-execution that would originate from a case of force majeure, including, without this list being exhaustive: situations of war, internal or external strikes, riots, storms, earthquakes, floods, fires, technical failures, internet communication system failures, as well as for all fortuitous cases.

The Seller cannot be held responsible for any damage arising from the use of the internet network such as loss of data, intrusion, viruses, service interruptions, or other problems not resulting from the Seller's will and/or actions.

8 - CONTRACT ASSIGNABILITY
The Seller reserves the right to assign, transfer, bring a third party to any form, the rights and obligations resulting from the GTC.
The Client cannot assign or transfer the rights deriving from these GTC without the prior and written consent of the Seller.

9 - VALIDITY
If any provision of the GTC is declared unenforceable or found/judged to be unenforceable for any reason whatsoever, the other provisions of the GTC will remain in effect.

The Seller will replace the unenforceable provision with a new version as close as possible to the spirit and meaning initially intended in the formulation of the unenforceable provision within a reasonable period.

Until the unenforceable provision is replaced, it will be excluded from the GTC, and the rest of the GTC will be applied as-is.

10 - DATA PROTECTION
Personal data communicated by the Client is intended for the Seller.

The latter undertakes to respect the confidentiality of these personal data and to treat them in compliance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and liberties (“data processing and liberties law”) in its currently applicable version.

The Seller will use these data for the processing of the Client's order as well as for sending information related to the training, or commercial or non-commercial information, and for statistical purposes.

In application of the data processing and liberties law of January 6, 1978 amended, the Client has the right to access, modify, delete, and rectify personal data concerning them and held by the Seller.

The Client can exercise the aforementioned rights by sending their request (indicating email address, last name, first name, postal address) by email to the following address: contact@posenature.fr.

11 - CLIENT-SUPPLIED INFORMATION
The Client is solely responsible for the information they have communicated to the Seller in application of the GTC.

Consequently, the Seller cannot be held responsible for the consequences of any possible error related to the transmission of incorrect or incomplete information.

12 - INTELLECTUAL PROPERTY
The use of the Website is reserved for strictly personal use.

All texts, comments, works, illustrations, and images, whether visual or sound, reproduced on the Website are protected by copyright, trademark law, and image rights.

The content of the training and products sold by the Seller is also protected by copyright.

Unless otherwise mentioned on the Website, these elements are the full and entire property of the Seller or their legal representative.

Any reproduction or representation, in whole or in part, constitutes infringement and may engage the civil and criminal liability of its author.

The act of placing a hypertext link to the Site, using the technique known as framing or deep linking, is strictly prohibited.

13 - NON-WAIVER
The fact that the Seller does not exercise one of the rights granted to them by the GTC or does not demand the application of one of the clauses of the GTC cannot be interpreted as a waiver on their part to avail themselves of the rights or stipulations from which they benefit in application of the GTC.

14 - COMPLAINT
Any claim by a participant must be made within seven (7) days following the completion of the photography workshop or course, the organizer's liability being limited to the value of the service provided to the participant.

15 - APPLICABLE LAW AND DISPUTE
In case of a dispute, an amicable solution will be sought before any legal proceedings.

The prior search for an amicable solution does not interrupt the deadlines for action in guarantee, particularly against the Seller.

All disputes relating to the use of the Website, placing orders, the parties' obligations, the formation, interpretation, execution, or non-execution of a contract between the Seller and the Client in application of the GTC will be subject to the exclusive jurisdiction of the courts of Versailles, including in summary proceedings and notwithstanding third-party actions.

These GTC and the resulting contracts are subject to French law.

Last modification: May 2023