Terms of Sale / Terms of Use
1. Purpose
These General Terms and Conditions of Sale and Use (CGV/CGU) define the terms under which the services of the Photag website, published by the company YVARDIS, are made available, and the conditions of use of the Service by the User (photographer, organizer or buyer).
2. Access to the services
The Service is accessible to any User having internet access. All costs relating to access to the Service (hardware, software, connection) are borne by the User.
3. Photag's role — agent
The photographer is the seller of the photos. Photag (YVARDIS) acts as an agent: it collects payment for and invoices sales in the name and on behalf of the photographer, in accordance with the invoicing and payment collection mandate accepted by the latter. Photographers freely set the price of their photos. The purchase of a photo grants the buyer a personal and private right of use; any commercial use is subject to a specific agreement.
4. Price, commission and fees
On each sale, Photag deducts a commission according to the plan subscribed to by the photographer, and re-invoices to the photographer the payment processing fees. These amounts are invoiced by Photag to the photographer with the applicable VAT (20 %). The balance (net) is paid over to the photographer in accordance with the terms of their account area. A photographer not subject to VAT (for example under the franchise regime) cannot recover this VAT and therefore bears the amount inclusive of all taxes.
5. Invoicing
The invoice provided to the buyer is issued in the name of the photographer (seller) and made available to them. Photag also issues, in its own name, an invoice for its commission and for the fees re-invoiced to the photographer.
6. Obligations and liability of the photographer
The photographer is solely responsible for the accuracy of the information they declare (identity, business name, SIRET, address, VAT regime) and for the tax, reporting and accounting consequences arising from it, in particular the VAT applicable to their sales and their own reporting obligations. They warrant that they hold all the rights necessary over the photos they offer for sale. Any inaccurate information falls under their sole responsibility.
7. Team events and distribution of sales
An event may bring together several photographers. Sales revenue is distributed there, at the choice of the event organizer: pro rata to the photos sold by each of them (each photographer sells their own photos), or in equal shares among the contributing photographers. Under equal-share distribution, each sale is co-sold by all the contributors: the invoice provided to the buyer is issued in the name of each co-seller for their share, and the contributors grant each other reciprocal mandates to market their photographs of the event, without creating a company or a joint ownership between them. This distribution is presented to each photographer before their first upload of photos and requires their express acceptance, time-stamped and retained; any less favorable modification (increase in the organizer's share, change of distribution method) is notified to them and requires a new acceptance before any new upload. Sales already made retain the distribution in force at the time of the sale.
8. Role and share of the organizer
The organizer of an event may receive a share of the event's sales, up to a limit of 25 %. This share is co-sold: it is invoiced directly to the buyer in the name of the organizer, with the latter's identity and VAT regime. It passes neither through the turnover of YVARDIS nor through that of the photographers. By activating such a share, the organizer entrusts YVARDIS with the same collection and invoicing mandate as the photographers (seller identity required) and remains solely responsible for their own tax, social security and reporting regime — in particular where it is an association, with regard to the profit-making nature of this activity. The applicable rate is brought to the attention of the contributing photographers before their acceptance.
9. Ambassador program
Any customer who has paid for a paid plan at least once has a referral code, valid without time limit. When a new customer signs up with this code and pays for their first subscription, the referrer receives a credit note worth one month of a Photag Pro subscription, deducted from their next subscription invoice or, in the absence of a current subscription, converted into one month of Pro access; the referred customer receives a 10 % discount on their first payment. These benefits constitute commercial discounts granted by YVARDIS on its own invoices. They are reserved for new customers: any account created to circumvent the program (same means of payment, same person) generates no benefit, and an unused credit note is cancelled if the referred customer's payment is refunded. One credit note per referred customer only; no cap on accumulation across referred customers.
10. Photag's liability
Photag cannot be held liable for malfunctions of the internet network preventing access to the site or the proper performance of the services, nor for the consequences of inaccurate information provided by Users.
11. Modification of the CGV/CGU
Photag reserves the right to modify these CGV/CGU at any time. Users will be informed of these modifications.