Terms of Service (TOS)
Last updated: June 2026
Terms of Service (TOS)
Last updated: June 2026
Terms of Service (TOS)
Last updated: June 2026
1. PURPOSE
The use of Pixfirst's services as defined in Article 2 below implies the unreserved acceptance of these General Terms of Use (hereinafter referred to as "GTU") as governing the relations between the user of the website http://www.pixfirst.com or the photographers' websites hosted by ESTCT ("the Sites") and the company ESTCT, which is the owner thereof.
ESTCT, registered in the Register of Financial Agents under number 737149, is in compliance with PSD2 and school circular no. 2003-091.
2. PIXFIRST SERVICES
Pixfirst is a brand of SAS ESTCT, registered in the Bayonne R.C.S. under number 534 138 003 (hereinafter "ESTCT" or "Pixfirst") under which SAS ESTCT operates a website that offers various photography-related services to three categories of users:
- Pixfirst offers photographers who enter into a commercial relationship with it (hereinafter "the Photographers") the hosting of their photographs, the online publication of a "profile" page or a specific website allowing the Photographer to present themselves, connection, if applicable, with one or more laboratories capable of carrying out printing work on multiple supports, and the provision of "tagging" and sales features on their behalf for the photographs they have taken and uploaded online.
- Pixfirst offers people or organizations who wish to have photographs taken within their organization or during events (hereinafter "the Organizers") connection with Photographers, and the creation of dedicated spaces for hosting, viewing, and, if applicable, selling the photographs taken on their behalf.
- Pixfirst offers individuals whose photos have been taken by the Photographers and/or their legal representatives (hereinafter "the Users") a reserved space in which the photographs concerning them will be accessible for viewing and purchase, via digital file or in print on multiple media.
The description of these services is available in more detail and illustrated on the Site, and it is expressly specified that it is subject to change over time.
3. PRODUCT PRICES
3.1 Price
Prices are not set by Pixfirst. They are presented in euros including all taxes and guaranteed at the time of the order. After this date, they are subject to change at any time. These prices are applicable within the framework of distance selling. They cannot be subject to a request for application in-store (and vice versa).
3.2 VAT
For services subject to VAT, the VAT included in the price of the product is that in force in France for the products/services concerned on the day of the order. If VAT rates were to be modified, the changes would be reflected in the price of the products without the User being warned beforehand.
3.3 Transfer of ownership
The User only acquires full and complete ownership of the products/services sold upon full receipt of all sums due by the User within the framework of their order, including costs and taxes. These provisions do not prevent, from the delivery of the products/services, the transfer to the User of the risks, as well as the damages they could cause.
4. ORDER
All the steps allowing to lead to the online purchase on the Site are clearly explained on it.
4.1 Access codes
The User's access codes to their confidential space and/or account are strictly confidential. The User agrees to assume responsibility for all activities that occur on their account. The User is responsible for protecting the confidentiality of their access codes.
4.2 Obtaining photos
The photos can either be delivered on the media chosen by the User, or, if the Photographer has provided this possibility, be downloaded from the User's strictly personal account, accessible via the link sent to the e-mail address that the User has previously communicated to the Photographer.
If, however, the User deletes this email, they can contact customer service via the "Contact us" section of the Site. Customer service will then send a new link to access the photos to the e-mail address communicated by the User to the Photographer.
The User may, before any validation of an order, check the details of the said order and modify it if necessary. In accordance with the law of March 13, 2000 on the validity of the electronic signature, the validation of an order is carried out by checking the box "I have read and accept the General Terms of Sale" then by clicking on the "Place order" button, then clicking on the "Proceed to payment" button ("double-click validation" procedure).
Due to the increase in fraud, a systematic control of orders is carried out, which may lead to requesting the User to provide proof of identity. In the event of such a request, the User will be notified by email of the supporting documents to be returned in order to obtain final validation of the order. Failing receipt of these documents within 10 days of validation of the order by the User, it will be deemed automatically cancelled.
Furthermore, the Site reserves the right to cancel or refuse any order from a User whose document verification is not conclusive or with whom there is a dispute relating to the payment of a previous order.
The User's attention is drawn to the fact that any order placed on the site is firm and final. No order cancellation can be accepted, even before the close of sales, except by exceptional decision of the Photographer or the educational institution. PixFirst acts solely as a technical intermediary and does not have the authority to make such a decision.
The User acknowledges being informed that high definition (HD) digital files, once ordered, can under no circumstances be refunded, in accordance with the applicable legal provisions.
4.3 Proof of the order
The data recorded on the Site constitutes proof of all transactions carried out by the Users.
In accordance with Article 1348 of the Civil Code, archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced in the event of a dispute.
4.4 Delivery times, complaints
Pixfirst assumes no responsibility for the delivery and condition of the packages (photos, accessories, etc.) once the laboratories hand them over to the carriers: the Photographers ensure the tracking of the packages and the management of any potential problems.
Delivery times are set by the Organizers or by the Photographers, as the case may be; they are in no way guaranteed by Pixfirst. Processing and production times may be extended during the peak season, without this engaging the liability of Pixfirst.
Any complaint, whether on delivery times or on the photographs themselves, must be submitted exclusively to the Organizer and/or the Photographer, as the case may be. Complaints must follow the guidelines given by the latter.
Pixfirst assumes no liability towards either the User or the Photographers, either for delivery times or for the products delivered.
When the products are made and shipped by Pixfirst, the package is delivered either to the Photographer or to the Organizer, depending on the option chosen; it is therefore up to the Photographer or the Organizer, as the case may be, to check the delivered content before any distribution to the Users. In case of non-conformity, the Organizer will have a period of three calendar days from receipt of the package to address their complaint to the Photographer, and the latter will have a period of two calendar days to transmit this complaint to Pixfirst. Similarly, in the event of delivery to the Photographer, the latter will have a period of three calendar days to notify their complaint to Pixfirst. No complaint will be taken into account by Pixfirst after these deadlines.
4.5. Pocketing
For the purposes of the GTU, "Pocketing" means the individual packaging of photographic products in 20x30 format only (excluding accessories) using a cardboard support (hereinafter "Cardboard").
Pocketing is carried out exclusively with Cardboard provided by Pixfirst's partner laboratories.
No plastic Pocketing is offered or accepted within the framework of the services provided by Pixfirst.
Pocketing applies to all orders from the same school or the same photographic event and cannot under any circumstances be limited to a selection of orders.
The Photographer and/or the Organizer is responsible for defining and validating the Pocketing modalities for all orders transmitted to Pixfirst within the framework of the sales and printing services offered by the Site.
The pricing conditions applicable to Pocketing are specified in the price list in force.
4.6. Uploading of photographs to the Site by Photographers
Before any upload to the Pixfirst Site, the Photographer agrees to respect the following obligations:
a. Color profile
Files must be provided in sRGB IEC 61966-2.1.
Any other color profile is likely to alter the color rendering during production.
b. Image orientation
Photographs must be correctly oriented (vertical or horizontal).
Any orientation error may impact the presentation and content offered to Users.
c. Quality and size of files
Photographs must be transmitted in high definition, with a maximum size of 10 MB per file.
Pixfirst does not accept any file transfers via third-party services (such as WeTransfer or equivalent).
Only the transfer system integrated into the Pixfirst Site is supported.
5. PAYMENT
Any order whatsoever is payable in Euros.
The User can pay online by credit card marked with the CB, VISA, MASTERCARD symbol or any other accepted by Paybox.
Alternatively, the User can pay by check or cash directly to the Organizer, if the latter has provided for this method of payment. The photographs reserved by the User will then only be considered ordered when the Organizer has validated the payment on their dedicated interface.
The security of online credit card payments is guaranteed by the secure payment service of the company PayBox, which integrates the SSL standard. The User's confidential data (the 16-digit credit card number, the expiration date, and the CVV) are directly encrypted and transmitted to the PayBox server without passing through the physical media of the server. After confirmation of the order, PayBox requests prior authorization from the credit card network, then issues an electronic certificate.
For any credit card payment on the Site, the electronic certificate serves as proof of the amount and date of the transaction in accordance with legal provisions, date and time as evidence.
In case of doubt about the identity of the cardholder or the client, the Site reserves the right to cancel the order.
In the event that the debit of the sums due by the User proves impossible, the sale would be immediately terminated and the online purchase process cancelled.
6. WAIVER OF THE RIGHT OF WITHDRAWAL
In accordance with Article L221-25 of the Consumer Code, the User acknowledges having expressly requested the execution of their order without waiting for the expiration of their right of withdrawal. Consequently, the User cannot request a refund for their photo order, unless the Organizer and/or the Photographer grants them this possibility.
The User further acknowledges that ESTCT is exempt from the right of withdrawal pursuant to the provisions of Article L.221-28-3° of the Consumer Code.
7. LIABILITY
7.1. The Photographer alone assumes the responsibility related to the online publication of the photos.
They are solely responsible for checking and validating all settings related to the Organizer before any online sale is opened to Users.
This includes, but is not limited to:
• applied promotions,
• the quality and compliance of the photographs,
• prices,
• the products offered,
• as well as any other setting specific to the Organizer.
By proceeding with the online publication of the sale, the Photographer acknowledges having checked and validated the accuracy of all these elements.
In particular, it is up to the Photographer to obtain permission from the people they photograph for the photo shoots and their online publication, and from the owners of the premises in which said photographs are taken.
ESTCT provides a simple technical service; it is in no way responsible for the online publication of the photographs nor for the use that could be made of them and cannot be held responsible for errors, omissions or consequences resulting from an incorrect, incomplete or unverified setting made by the Photographer, or more generally from the non-compliance with their obligations by the latter.
Furthermore, PixFirst is not responsible for the production or delivery of the photographs.
In the event of a problem related to delivery, a missing item, or non-receipt of the photos, the User concerned is invited to contact the Organizer, who must then directly contact the Photographer, responsible for the creation, tracking, and delivery of orders.
The Photographer agrees to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural or legal persons who believe that their rights have not been respected by the Photographer.
7.2. The Organizers will assume, jointly with the Photographer, responsibility for the online publication of photographs representing people who took part in an event; it is up to them to obtain permission from these people for these photographs to be uploaded to a space dedicated to this event on the Site.
The Organizer and the Photographer agree to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural persons who believe that their rights have not been respected.
7.3. ESTCT cannot be held responsible for situations of disruption in the use of the Internet network and the presence of computer viruses, and any form of non-performance, in particular of the sale transaction, due to force majeure events recognized as such by French courts and case law.
As part of the maintenance of its website, Pixfirst reserves the right to temporarily interrupt the Site's services, particularly during occasional operations on the servers. Its liability cannot be incurred in the event of unavailability of the Site's services following technical incidents on the Internet network.
The User declares to know and accept the risks associated with the Internet; thus they accept that the liability of the company ESTCT cannot be engaged in the event of interception by a third party of photos downloaded or being downloaded on the Site.
7.4. ESTCT will keep the photographs accessible on the Site for a minimum duration of twelve months and a maximum of twenty months.
8. CONFIDENTIALITY - PROTECTION OF PERSONAL DATA (GDPR)
8.1. User's personal data collected by and for ESTCT
The ordering process involves the collection of a certain amount of personal information relating to the User. ESTCT only collects personal data provided voluntarily through various means, such as ordering products (online). ESTCT uses this data to provide the required service or to provide information to the User about products or services.
ESTCT, in its capacity as data controller, undertakes to respect Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable as of May 25, 2018 (hereinafter, "the GDPR").
ESTCT distinguishes between data that must be kept for at least ten years for legal reasons: account creation date, last name, first name, e-mail addresses, language, security information related to connections (date and IP address, failures), orders (including address and IP address) and other data, which may be deleted from the operational database two months after the closure of the User's account: password (encrypted), address book, payment details and preferences, shopping carts, referral URLs and campaigns, affiliate links, etc.
This data is stored on servers located in France and is partly accessible by the contractor(s) we use to provide technical support to Users.
If the User wishes to exercise their right to access, rectify, or delete data, they can send their request by email to contact@pixfirst.com or by postal mail addressed to:
ESTCT S.A.S.
24, boulevard Dassault - 64200 Biarritz
France
8.2. User's personal data collected by ESTCT but for the User's needs
ESTCT is likely to transmit personal information of the User to other affiliated companies and/or third parties authorized to provide specific services, such as printing and delivering products. All data transferred under such conditions is used exclusively for the purposes intended at the time of its acquisition.
ESTCT is a subcontractor of this data within the meaning of the GDPR, and the User is responsible for it; it is processed on behalf of and under the exclusive instructions of the User, and ESTCT makes no use of this data outside the scope of the service contracted and managed by the User.
This concerns any personal data stored via the tools made available by ESTCT and necessary for the execution of the User's instructions: for example, the login credentials of potential Users of the site, data relating to their carts, selections (viewers), orders, comments left, IP address, physical address, etc.
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data is only transmitted to third parties on the User's instructions (for example, transferring order data to a laboratory).
This data may be automatically deleted from operational databases after a period of two months following the closure of the User's account.
8.3. Photographs, video recordings etc…
Photographers act as data controllers within the meaning of the GDPR for data and metadata related to photographs and other items they upload to the Site for commercial purposes; ESTCT is only a subcontractor of this processing, as a technical platform provider including notably hosting services. ESTCT makes no use of these photographs or the accompanying data and metadata.
They are only transmitted to third parties on the instructions of the User (for example, transfer to a laboratory for the execution of an order).
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data may be deleted from the operational databases by Pixfirst, if the latter deems it appropriate.
8.4. Security measures
The security of physical access to data, servers, and datacenters in which they are located is guaranteed by AWS.
ESTCT manages the security of remote IT access by limiting access to several software layers, on a "prohibited unless required and authorized" basis. Administrative access to servers and all data is kept to a minimum.
Connections of Users, Photographers and Organizers to the web interface of the service, from outside the datacenters, are secure (SSL encryption). Connections of Users to the Site are also secured in SSL when personal data is transmitted (orders for example).
Global backups are encrypted before being stored at ESTCT's provider, which guarantees the physical security of the encrypted files. The decryption key is stored separately, offline.
The subcontractor(s) offering technical support to Users have limited access to the service, via a web interface secured by individual credentials.
Security updates for IT systems are carried out as soon as possible after their publication, through monitoring specialized communication channels.
8.5. Cookies
ESTCT, to improve its users' experience, uses Cookies. These do not communicate either the email address or the identity of the user.
If they wish, both the user and the visitor can reject these cookies by changing the Internet options of their browser. Users must, however, accept the cookies necessary for processing their order. In any case, the information obtained through cookies will not be subject to any use other than that related strictly to the activity of ESTCT.
9. INTELLECTUAL PROPERTY
The Site and all of its content are the exclusive property of the company ESTCT or its partners and are subject to the Intellectual Property Code. Consequently, any reproduction, representation, adaptation of the elements present on the Site or constituting it are prohibited without the express authorization of the company ESTCT and constitute an infringement under the law. It is recalled that the infringement of a copyright, a registered design or model or a trademark is a criminal offense.
Pixfirst and the Photographer grant the User, for the photographs available in their personal space and/or their User account, a license for private use outside commercial exploitation. The User may nevertheless at any time contact Pixfirst via the contact form, to request authorization to exploit the photos more widely; Pixfirst and the Photographer then reserve the right to refuse such exploitation or to make such exploitation subject to conditions.
10. SEVERABILITY OF CLAUSES
In the event that one or more of the clauses of the GTU were to be null or deemed unwritten, whether as a result of a change in legislation, regulations or by a court decision, the other clauses of said GTU will remain applicable, and ESTCT will make any modification to the GTU to preserve the meaning of the null or unwritten provisions, the GTU thus modified being applicable upon their online publication.
11. RIGHTS AND DISPUTES
French law is the only law applicable to relations between ESTCT on one hand and Users, Photographers and Organizers on the other. Only the French version of the GTU shall prevail.
In the event of a dispute, which must imperatively be the subject of an amicable resolution attempt prior to initiating any proceedings, exclusive jurisdiction is assigned to the Commercial Court of Bayonne, for cases where jurisdiction clauses are lawful.
1. PURPOSE
The use of Pixfirst's services as defined in Article 2 below implies the unreserved acceptance of these General Terms of Use (hereinafter referred to as "GTU") as governing the relations between the user of the website http://www.pixfirst.com or the photographers' websites hosted by ESTCT ("the Sites") and the company ESTCT, which is the owner thereof.
ESTCT, registered in the Register of Financial Agents under number 737149, is in compliance with PSD2 and school circular no. 2003-091.
2. PIXFIRST SERVICES
Pixfirst is a brand of SAS ESTCT, registered in the Bayonne R.C.S. under number 534 138 003 (hereinafter "ESTCT" or "Pixfirst") under which SAS ESTCT operates a website that offers various photography-related services to three categories of users:
- Pixfirst offers photographers who enter into a commercial relationship with it (hereinafter "the Photographers") the hosting of their photographs, the online publication of a "profile" page or a specific website allowing the Photographer to present themselves, connection, if applicable, with one or more laboratories capable of carrying out printing work on multiple supports, and the provision of "tagging" and sales features on their behalf for the photographs they have taken and uploaded online.
- Pixfirst offers people or organizations who wish to have photographs taken within their organization or during events (hereinafter "the Organizers") connection with Photographers, and the creation of dedicated spaces for hosting, viewing, and, if applicable, selling the photographs taken on their behalf.
- Pixfirst offers individuals whose photos have been taken by the Photographers and/or their legal representatives (hereinafter "the Users") a reserved space in which the photographs concerning them will be accessible for viewing and purchase, via digital file or in print on multiple media.
The description of these services is available in more detail and illustrated on the Site, and it is expressly specified that it is subject to change over time.
3. PRODUCT PRICES
3.1 Price
Prices are not set by Pixfirst. They are presented in euros including all taxes and guaranteed at the time of the order. After this date, they are subject to change at any time. These prices are applicable within the framework of distance selling. They cannot be subject to a request for application in-store (and vice versa).
3.2 VAT
For services subject to VAT, the VAT included in the price of the product is that in force in France for the products/services concerned on the day of the order. If VAT rates were to be modified, the changes would be reflected in the price of the products without the User being warned beforehand.
3.3 Transfer of ownership
The User only acquires full and complete ownership of the products/services sold upon full receipt of all sums due by the User within the framework of their order, including costs and taxes. These provisions do not prevent, from the delivery of the products/services, the transfer to the User of the risks, as well as the damages they could cause.
4. ORDER
All the steps allowing to lead to the online purchase on the Site are clearly explained on it.
4.1 Access codes
The User's access codes to their confidential space and/or account are strictly confidential. The User agrees to assume responsibility for all activities that occur on their account. The User is responsible for protecting the confidentiality of their access codes.
4.2 Obtaining photos
The photos can either be delivered on the media chosen by the User, or, if the Photographer has provided this possibility, be downloaded from the User's strictly personal account, accessible via the link sent to the e-mail address that the User has previously communicated to the Photographer.
If, however, the User deletes this email, they can contact customer service via the "Contact us" section of the Site. Customer service will then send a new link to access the photos to the e-mail address communicated by the User to the Photographer.
The User may, before any validation of an order, check the details of the said order and modify it if necessary. In accordance with the law of March 13, 2000 on the validity of the electronic signature, the validation of an order is carried out by checking the box "I have read and accept the General Terms of Sale" then by clicking on the "Place order" button, then clicking on the "Proceed to payment" button ("double-click validation" procedure).
Due to the increase in fraud, a systematic control of orders is carried out, which may lead to requesting the User to provide proof of identity. In the event of such a request, the User will be notified by email of the supporting documents to be returned in order to obtain final validation of the order. Failing receipt of these documents within 10 days of validation of the order by the User, it will be deemed automatically cancelled.
Furthermore, the Site reserves the right to cancel or refuse any order from a User whose document verification is not conclusive or with whom there is a dispute relating to the payment of a previous order.
The User's attention is drawn to the fact that any order placed on the site is firm and final. No order cancellation can be accepted, even before the close of sales, except by exceptional decision of the Photographer or the educational institution. PixFirst acts solely as a technical intermediary and does not have the authority to make such a decision.
The User acknowledges being informed that high definition (HD) digital files, once ordered, can under no circumstances be refunded, in accordance with the applicable legal provisions.
4.3 Proof of the order
The data recorded on the Site constitutes proof of all transactions carried out by the Users.
In accordance with Article 1348 of the Civil Code, archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced in the event of a dispute.
4.4 Delivery times, complaints
Pixfirst assumes no responsibility for the delivery and condition of the packages (photos, accessories, etc.) once the laboratories hand them over to the carriers: the Photographers ensure the tracking of the packages and the management of any potential problems.
Delivery times are set by the Organizers or by the Photographers, as the case may be; they are in no way guaranteed by Pixfirst. Processing and production times may be extended during the peak season, without this engaging the liability of Pixfirst.
Any complaint, whether on delivery times or on the photographs themselves, must be submitted exclusively to the Organizer and/or the Photographer, as the case may be. Complaints must follow the guidelines given by the latter.
Pixfirst assumes no liability towards either the User or the Photographers, either for delivery times or for the products delivered.
When the products are made and shipped by Pixfirst, the package is delivered either to the Photographer or to the Organizer, depending on the option chosen; it is therefore up to the Photographer or the Organizer, as the case may be, to check the delivered content before any distribution to the Users. In case of non-conformity, the Organizer will have a period of three calendar days from receipt of the package to address their complaint to the Photographer, and the latter will have a period of two calendar days to transmit this complaint to Pixfirst. Similarly, in the event of delivery to the Photographer, the latter will have a period of three calendar days to notify their complaint to Pixfirst. No complaint will be taken into account by Pixfirst after these deadlines.
4.5. Pocketing
For the purposes of the GTU, "Pocketing" means the individual packaging of photographic products in 20x30 format only (excluding accessories) using a cardboard support (hereinafter "Cardboard").
Pocketing is carried out exclusively with Cardboard provided by Pixfirst's partner laboratories.
No plastic Pocketing is offered or accepted within the framework of the services provided by Pixfirst.
Pocketing applies to all orders from the same school or the same photographic event and cannot under any circumstances be limited to a selection of orders.
The Photographer and/or the Organizer is responsible for defining and validating the Pocketing modalities for all orders transmitted to Pixfirst within the framework of the sales and printing services offered by the Site.
The pricing conditions applicable to Pocketing are specified in the price list in force.
4.6. Uploading of photographs to the Site by Photographers
Before any upload to the Pixfirst Site, the Photographer agrees to respect the following obligations:
a. Color profile
Files must be provided in sRGB IEC 61966-2.1.
Any other color profile is likely to alter the color rendering during production.
b. Image orientation
Photographs must be correctly oriented (vertical or horizontal).
Any orientation error may impact the presentation and content offered to Users.
c. Quality and size of files
Photographs must be transmitted in high definition, with a maximum size of 10 MB per file.
Pixfirst does not accept any file transfers via third-party services (such as WeTransfer or equivalent).
Only the transfer system integrated into the Pixfirst Site is supported.
5. PAYMENT
Any order whatsoever is payable in Euros.
The User can pay online by credit card marked with the CB, VISA, MASTERCARD symbol or any other accepted by Paybox.
Alternatively, the User can pay by check or cash directly to the Organizer, if the latter has provided for this method of payment. The photographs reserved by the User will then only be considered ordered when the Organizer has validated the payment on their dedicated interface.
The security of online credit card payments is guaranteed by the secure payment service of the company PayBox, which integrates the SSL standard. The User's confidential data (the 16-digit credit card number, the expiration date, and the CVV) are directly encrypted and transmitted to the PayBox server without passing through the physical media of the server. After confirmation of the order, PayBox requests prior authorization from the credit card network, then issues an electronic certificate.
For any credit card payment on the Site, the electronic certificate serves as proof of the amount and date of the transaction in accordance with legal provisions, date and time as evidence.
In case of doubt about the identity of the cardholder or the client, the Site reserves the right to cancel the order.
In the event that the debit of the sums due by the User proves impossible, the sale would be immediately terminated and the online purchase process cancelled.
6. WAIVER OF THE RIGHT OF WITHDRAWAL
In accordance with Article L221-25 of the Consumer Code, the User acknowledges having expressly requested the execution of their order without waiting for the expiration of their right of withdrawal. Consequently, the User cannot request a refund for their photo order, unless the Organizer and/or the Photographer grants them this possibility.
The User further acknowledges that ESTCT is exempt from the right of withdrawal pursuant to the provisions of Article L.221-28-3° of the Consumer Code.
7. LIABILITY
7.1. The Photographer alone assumes the responsibility related to the online publication of the photos.
They are solely responsible for checking and validating all settings related to the Organizer before any online sale is opened to Users.
This includes, but is not limited to:
• applied promotions,
• the quality and compliance of the photographs,
• prices,
• the products offered,
• as well as any other setting specific to the Organizer.
By proceeding with the online publication of the sale, the Photographer acknowledges having checked and validated the accuracy of all these elements.
In particular, it is up to the Photographer to obtain permission from the people they photograph for the photo shoots and their online publication, and from the owners of the premises in which said photographs are taken.
ESTCT provides a simple technical service; it is in no way responsible for the online publication of the photographs nor for the use that could be made of them and cannot be held responsible for errors, omissions or consequences resulting from an incorrect, incomplete or unverified setting made by the Photographer, or more generally from the non-compliance with their obligations by the latter.
Furthermore, PixFirst is not responsible for the production or delivery of the photographs.
In the event of a problem related to delivery, a missing item, or non-receipt of the photos, the User concerned is invited to contact the Organizer, who must then directly contact the Photographer, responsible for the creation, tracking, and delivery of orders.
The Photographer agrees to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural or legal persons who believe that their rights have not been respected by the Photographer.
7.2. The Organizers will assume, jointly with the Photographer, responsibility for the online publication of photographs representing people who took part in an event; it is up to them to obtain permission from these people for these photographs to be uploaded to a space dedicated to this event on the Site.
The Organizer and the Photographer agree to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural persons who believe that their rights have not been respected.
7.3. ESTCT cannot be held responsible for situations of disruption in the use of the Internet network and the presence of computer viruses, and any form of non-performance, in particular of the sale transaction, due to force majeure events recognized as such by French courts and case law.
As part of the maintenance of its website, Pixfirst reserves the right to temporarily interrupt the Site's services, particularly during occasional operations on the servers. Its liability cannot be incurred in the event of unavailability of the Site's services following technical incidents on the Internet network.
The User declares to know and accept the risks associated with the Internet; thus they accept that the liability of the company ESTCT cannot be engaged in the event of interception by a third party of photos downloaded or being downloaded on the Site.
7.4. ESTCT will keep the photographs accessible on the Site for a minimum duration of twelve months and a maximum of twenty months.
8. CONFIDENTIALITY - PROTECTION OF PERSONAL DATA (GDPR)
8.1. User's personal data collected by and for ESTCT
The ordering process involves the collection of a certain amount of personal information relating to the User. ESTCT only collects personal data provided voluntarily through various means, such as ordering products (online). ESTCT uses this data to provide the required service or to provide information to the User about products or services.
ESTCT, in its capacity as data controller, undertakes to respect Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable as of May 25, 2018 (hereinafter, "the GDPR").
ESTCT distinguishes between data that must be kept for at least ten years for legal reasons: account creation date, last name, first name, e-mail addresses, language, security information related to connections (date and IP address, failures), orders (including address and IP address) and other data, which may be deleted from the operational database two months after the closure of the User's account: password (encrypted), address book, payment details and preferences, shopping carts, referral URLs and campaigns, affiliate links, etc.
This data is stored on servers located in France and is partly accessible by the contractor(s) we use to provide technical support to Users.
If the User wishes to exercise their right to access, rectify, or delete data, they can send their request by email to contact@pixfirst.com or by postal mail addressed to:
ESTCT S.A.S.
24, boulevard Dassault - 64200 Biarritz
France
8.2. User's personal data collected by ESTCT but for the User's needs
ESTCT is likely to transmit personal information of the User to other affiliated companies and/or third parties authorized to provide specific services, such as printing and delivering products. All data transferred under such conditions is used exclusively for the purposes intended at the time of its acquisition.
ESTCT is a subcontractor of this data within the meaning of the GDPR, and the User is responsible for it; it is processed on behalf of and under the exclusive instructions of the User, and ESTCT makes no use of this data outside the scope of the service contracted and managed by the User.
This concerns any personal data stored via the tools made available by ESTCT and necessary for the execution of the User's instructions: for example, the login credentials of potential Users of the site, data relating to their carts, selections (viewers), orders, comments left, IP address, physical address, etc.
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data is only transmitted to third parties on the User's instructions (for example, transferring order data to a laboratory).
This data may be automatically deleted from operational databases after a period of two months following the closure of the User's account.
8.3. Photographs, video recordings etc…
Photographers act as data controllers within the meaning of the GDPR for data and metadata related to photographs and other items they upload to the Site for commercial purposes; ESTCT is only a subcontractor of this processing, as a technical platform provider including notably hosting services. ESTCT makes no use of these photographs or the accompanying data and metadata.
They are only transmitted to third parties on the instructions of the User (for example, transfer to a laboratory for the execution of an order).
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data may be deleted from the operational databases by Pixfirst, if the latter deems it appropriate.
8.4. Security measures
The security of physical access to data, servers, and datacenters in which they are located is guaranteed by AWS.
ESTCT manages the security of remote IT access by limiting access to several software layers, on a "prohibited unless required and authorized" basis. Administrative access to servers and all data is kept to a minimum.
Connections of Users, Photographers and Organizers to the web interface of the service, from outside the datacenters, are secure (SSL encryption). Connections of Users to the Site are also secured in SSL when personal data is transmitted (orders for example).
Global backups are encrypted before being stored at ESTCT's provider, which guarantees the physical security of the encrypted files. The decryption key is stored separately, offline.
The subcontractor(s) offering technical support to Users have limited access to the service, via a web interface secured by individual credentials.
Security updates for IT systems are carried out as soon as possible after their publication, through monitoring specialized communication channels.
8.5. Cookies
ESTCT, to improve its users' experience, uses Cookies. These do not communicate either the email address or the identity of the user.
If they wish, both the user and the visitor can reject these cookies by changing the Internet options of their browser. Users must, however, accept the cookies necessary for processing their order. In any case, the information obtained through cookies will not be subject to any use other than that related strictly to the activity of ESTCT.
9. INTELLECTUAL PROPERTY
The Site and all of its content are the exclusive property of the company ESTCT or its partners and are subject to the Intellectual Property Code. Consequently, any reproduction, representation, adaptation of the elements present on the Site or constituting it are prohibited without the express authorization of the company ESTCT and constitute an infringement under the law. It is recalled that the infringement of a copyright, a registered design or model or a trademark is a criminal offense.
Pixfirst and the Photographer grant the User, for the photographs available in their personal space and/or their User account, a license for private use outside commercial exploitation. The User may nevertheless at any time contact Pixfirst via the contact form, to request authorization to exploit the photos more widely; Pixfirst and the Photographer then reserve the right to refuse such exploitation or to make such exploitation subject to conditions.
10. SEVERABILITY OF CLAUSES
In the event that one or more of the clauses of the GTU were to be null or deemed unwritten, whether as a result of a change in legislation, regulations or by a court decision, the other clauses of said GTU will remain applicable, and ESTCT will make any modification to the GTU to preserve the meaning of the null or unwritten provisions, the GTU thus modified being applicable upon their online publication.
11. RIGHTS AND DISPUTES
French law is the only law applicable to relations between ESTCT on one hand and Users, Photographers and Organizers on the other. Only the French version of the GTU shall prevail.
In the event of a dispute, which must imperatively be the subject of an amicable resolution attempt prior to initiating any proceedings, exclusive jurisdiction is assigned to the Commercial Court of Bayonne, for cases where jurisdiction clauses are lawful.
1. PURPOSE
The use of Pixfirst's services as defined in Article 2 below implies the unreserved acceptance of these General Terms of Use (hereinafter referred to as "GTU") as governing the relations between the user of the website http://www.pixfirst.com or the photographers' websites hosted by ESTCT ("the Sites") and the company ESTCT, which is the owner thereof.
ESTCT, registered in the Register of Financial Agents under number 737149, is in compliance with PSD2 and school circular no. 2003-091.
2. PIXFIRST SERVICES
Pixfirst is a brand of SAS ESTCT, registered in the Bayonne R.C.S. under number 534 138 003 (hereinafter "ESTCT" or "Pixfirst") under which SAS ESTCT operates a website that offers various photography-related services to three categories of users:
- Pixfirst offers photographers who enter into a commercial relationship with it (hereinafter "the Photographers") the hosting of their photographs, the online publication of a "profile" page or a specific website allowing the Photographer to present themselves, connection, if applicable, with one or more laboratories capable of carrying out printing work on multiple supports, and the provision of "tagging" and sales features on their behalf for the photographs they have taken and uploaded online.
- Pixfirst offers people or organizations who wish to have photographs taken within their organization or during events (hereinafter "the Organizers") connection with Photographers, and the creation of dedicated spaces for hosting, viewing, and, if applicable, selling the photographs taken on their behalf.
- Pixfirst offers individuals whose photos have been taken by the Photographers and/or their legal representatives (hereinafter "the Users") a reserved space in which the photographs concerning them will be accessible for viewing and purchase, via digital file or in print on multiple media.
The description of these services is available in more detail and illustrated on the Site, and it is expressly specified that it is subject to change over time.
3. PRODUCT PRICES
3.1 Price
Prices are not set by Pixfirst. They are presented in euros including all taxes and guaranteed at the time of the order. After this date, they are subject to change at any time. These prices are applicable within the framework of distance selling. They cannot be subject to a request for application in-store (and vice versa).
3.2 VAT
For services subject to VAT, the VAT included in the price of the product is that in force in France for the products/services concerned on the day of the order. If VAT rates were to be modified, the changes would be reflected in the price of the products without the User being warned beforehand.
3.3 Transfer of ownership
The User only acquires full and complete ownership of the products/services sold upon full receipt of all sums due by the User within the framework of their order, including costs and taxes. These provisions do not prevent, from the delivery of the products/services, the transfer to the User of the risks, as well as the damages they could cause.
4. ORDER
All the steps allowing to lead to the online purchase on the Site are clearly explained on it.
4.1 Access codes
The User's access codes to their confidential space and/or account are strictly confidential. The User agrees to assume responsibility for all activities that occur on their account. The User is responsible for protecting the confidentiality of their access codes.
4.2 Obtaining photos
The photos can either be delivered on the media chosen by the User, or, if the Photographer has provided this possibility, be downloaded from the User's strictly personal account, accessible via the link sent to the e-mail address that the User has previously communicated to the Photographer.
If, however, the User deletes this email, they can contact customer service via the "Contact us" section of the Site. Customer service will then send a new link to access the photos to the e-mail address communicated by the User to the Photographer.
The User may, before any validation of an order, check the details of the said order and modify it if necessary. In accordance with the law of March 13, 2000 on the validity of the electronic signature, the validation of an order is carried out by checking the box "I have read and accept the General Terms of Sale" then by clicking on the "Place order" button, then clicking on the "Proceed to payment" button ("double-click validation" procedure).
Due to the increase in fraud, a systematic control of orders is carried out, which may lead to requesting the User to provide proof of identity. In the event of such a request, the User will be notified by email of the supporting documents to be returned in order to obtain final validation of the order. Failing receipt of these documents within 10 days of validation of the order by the User, it will be deemed automatically cancelled.
Furthermore, the Site reserves the right to cancel or refuse any order from a User whose document verification is not conclusive or with whom there is a dispute relating to the payment of a previous order.
The User's attention is drawn to the fact that any order placed on the site is firm and final. No order cancellation can be accepted, even before the close of sales, except by exceptional decision of the Photographer or the educational institution. PixFirst acts solely as a technical intermediary and does not have the authority to make such a decision.
The User acknowledges being informed that high definition (HD) digital files, once ordered, can under no circumstances be refunded, in accordance with the applicable legal provisions.
4.3 Proof of the order
The data recorded on the Site constitutes proof of all transactions carried out by the Users.
In accordance with Article 1348 of the Civil Code, archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced in the event of a dispute.
4.4 Delivery times, complaints
Pixfirst assumes no responsibility for the delivery and condition of the packages (photos, accessories, etc.) once the laboratories hand them over to the carriers: the Photographers ensure the tracking of the packages and the management of any potential problems.
Delivery times are set by the Organizers or by the Photographers, as the case may be; they are in no way guaranteed by Pixfirst. Processing and production times may be extended during the peak season, without this engaging the liability of Pixfirst.
Any complaint, whether on delivery times or on the photographs themselves, must be submitted exclusively to the Organizer and/or the Photographer, as the case may be. Complaints must follow the guidelines given by the latter.
Pixfirst assumes no liability towards either the User or the Photographers, either for delivery times or for the products delivered.
When the products are made and shipped by Pixfirst, the package is delivered either to the Photographer or to the Organizer, depending on the option chosen; it is therefore up to the Photographer or the Organizer, as the case may be, to check the delivered content before any distribution to the Users. In case of non-conformity, the Organizer will have a period of three calendar days from receipt of the package to address their complaint to the Photographer, and the latter will have a period of two calendar days to transmit this complaint to Pixfirst. Similarly, in the event of delivery to the Photographer, the latter will have a period of three calendar days to notify their complaint to Pixfirst. No complaint will be taken into account by Pixfirst after these deadlines.
4.5. Pocketing
For the purposes of the GTU, "Pocketing" means the individual packaging of photographic products in 20x30 format only (excluding accessories) using a cardboard support (hereinafter "Cardboard").
Pocketing is carried out exclusively with Cardboard provided by Pixfirst's partner laboratories.
No plastic Pocketing is offered or accepted within the framework of the services provided by Pixfirst.
Pocketing applies to all orders from the same school or the same photographic event and cannot under any circumstances be limited to a selection of orders.
The Photographer and/or the Organizer is responsible for defining and validating the Pocketing modalities for all orders transmitted to Pixfirst within the framework of the sales and printing services offered by the Site.
The pricing conditions applicable to Pocketing are specified in the price list in force.
4.6. Uploading of photographs to the Site by Photographers
Before any upload to the Pixfirst Site, the Photographer agrees to respect the following obligations:
a. Color profile
Files must be provided in sRGB IEC 61966-2.1.
Any other color profile is likely to alter the color rendering during production.
b. Image orientation
Photographs must be correctly oriented (vertical or horizontal).
Any orientation error may impact the presentation and content offered to Users.
c. Quality and size of files
Photographs must be transmitted in high definition, with a maximum size of 10 MB per file.
Pixfirst does not accept any file transfers via third-party services (such as WeTransfer or equivalent).
Only the transfer system integrated into the Pixfirst Site is supported.
5. PAYMENT
Any order whatsoever is payable in Euros.
The User can pay online by credit card marked with the CB, VISA, MASTERCARD symbol or any other accepted by Paybox.
Alternatively, the User can pay by check or cash directly to the Organizer, if the latter has provided for this method of payment. The photographs reserved by the User will then only be considered ordered when the Organizer has validated the payment on their dedicated interface.
The security of online credit card payments is guaranteed by the secure payment service of the company PayBox, which integrates the SSL standard. The User's confidential data (the 16-digit credit card number, the expiration date, and the CVV) are directly encrypted and transmitted to the PayBox server without passing through the physical media of the server. After confirmation of the order, PayBox requests prior authorization from the credit card network, then issues an electronic certificate.
For any credit card payment on the Site, the electronic certificate serves as proof of the amount and date of the transaction in accordance with legal provisions, date and time as evidence.
In case of doubt about the identity of the cardholder or the client, the Site reserves the right to cancel the order.
In the event that the debit of the sums due by the User proves impossible, the sale would be immediately terminated and the online purchase process cancelled.
6. WAIVER OF THE RIGHT OF WITHDRAWAL
In accordance with Article L221-25 of the Consumer Code, the User acknowledges having expressly requested the execution of their order without waiting for the expiration of their right of withdrawal. Consequently, the User cannot request a refund for their photo order, unless the Organizer and/or the Photographer grants them this possibility.
The User further acknowledges that ESTCT is exempt from the right of withdrawal pursuant to the provisions of Article L.221-28-3° of the Consumer Code.
7. LIABILITY
7.1. The Photographer alone assumes the responsibility related to the online publication of the photos.
They are solely responsible for checking and validating all settings related to the Organizer before any online sale is opened to Users.
This includes, but is not limited to:
• applied promotions,
• the quality and compliance of the photographs,
• prices,
• the products offered,
• as well as any other setting specific to the Organizer.
By proceeding with the online publication of the sale, the Photographer acknowledges having checked and validated the accuracy of all these elements.
In particular, it is up to the Photographer to obtain permission from the people they photograph for the photo shoots and their online publication, and from the owners of the premises in which said photographs are taken.
ESTCT provides a simple technical service; it is in no way responsible for the online publication of the photographs nor for the use that could be made of them and cannot be held responsible for errors, omissions or consequences resulting from an incorrect, incomplete or unverified setting made by the Photographer, or more generally from the non-compliance with their obligations by the latter.
Furthermore, PixFirst is not responsible for the production or delivery of the photographs.
In the event of a problem related to delivery, a missing item, or non-receipt of the photos, the User concerned is invited to contact the Organizer, who must then directly contact the Photographer, responsible for the creation, tracking, and delivery of orders.
The Photographer agrees to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural or legal persons who believe that their rights have not been respected by the Photographer.
7.2. The Organizers will assume, jointly with the Photographer, responsibility for the online publication of photographs representing people who took part in an event; it is up to them to obtain permission from these people for these photographs to be uploaded to a space dedicated to this event on the Site.
The Organizer and the Photographer agree to indemnify and hold ESTCT harmless from the consequences of any legal proceedings that may be initiated by natural persons who believe that their rights have not been respected.
7.3. ESTCT cannot be held responsible for situations of disruption in the use of the Internet network and the presence of computer viruses, and any form of non-performance, in particular of the sale transaction, due to force majeure events recognized as such by French courts and case law.
As part of the maintenance of its website, Pixfirst reserves the right to temporarily interrupt the Site's services, particularly during occasional operations on the servers. Its liability cannot be incurred in the event of unavailability of the Site's services following technical incidents on the Internet network.
The User declares to know and accept the risks associated with the Internet; thus they accept that the liability of the company ESTCT cannot be engaged in the event of interception by a third party of photos downloaded or being downloaded on the Site.
7.4. ESTCT will keep the photographs accessible on the Site for a minimum duration of twelve months and a maximum of twenty months.
8. CONFIDENTIALITY - PROTECTION OF PERSONAL DATA (GDPR)
8.1. User's personal data collected by and for ESTCT
The ordering process involves the collection of a certain amount of personal information relating to the User. ESTCT only collects personal data provided voluntarily through various means, such as ordering products (online). ESTCT uses this data to provide the required service or to provide information to the User about products or services.
ESTCT, in its capacity as data controller, undertakes to respect Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable as of May 25, 2018 (hereinafter, "the GDPR").
ESTCT distinguishes between data that must be kept for at least ten years for legal reasons: account creation date, last name, first name, e-mail addresses, language, security information related to connections (date and IP address, failures), orders (including address and IP address) and other data, which may be deleted from the operational database two months after the closure of the User's account: password (encrypted), address book, payment details and preferences, shopping carts, referral URLs and campaigns, affiliate links, etc.
This data is stored on servers located in France and is partly accessible by the contractor(s) we use to provide technical support to Users.
If the User wishes to exercise their right to access, rectify, or delete data, they can send their request by email to contact@pixfirst.com or by postal mail addressed to:
ESTCT S.A.S.
24, boulevard Dassault - 64200 Biarritz
France
8.2. User's personal data collected by ESTCT but for the User's needs
ESTCT is likely to transmit personal information of the User to other affiliated companies and/or third parties authorized to provide specific services, such as printing and delivering products. All data transferred under such conditions is used exclusively for the purposes intended at the time of its acquisition.
ESTCT is a subcontractor of this data within the meaning of the GDPR, and the User is responsible for it; it is processed on behalf of and under the exclusive instructions of the User, and ESTCT makes no use of this data outside the scope of the service contracted and managed by the User.
This concerns any personal data stored via the tools made available by ESTCT and necessary for the execution of the User's instructions: for example, the login credentials of potential Users of the site, data relating to their carts, selections (viewers), orders, comments left, IP address, physical address, etc.
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data is only transmitted to third parties on the User's instructions (for example, transferring order data to a laboratory).
This data may be automatically deleted from operational databases after a period of two months following the closure of the User's account.
8.3. Photographs, video recordings etc…
Photographers act as data controllers within the meaning of the GDPR for data and metadata related to photographs and other items they upload to the Site for commercial purposes; ESTCT is only a subcontractor of this processing, as a technical platform provider including notably hosting services. ESTCT makes no use of these photographs or the accompanying data and metadata.
They are only transmitted to third parties on the instructions of the User (for example, transfer to a laboratory for the execution of an order).
This data is essentially stored on servers located in France. The data is partly accessible by the contractor(s) we use to provide technical support to Users.
This data may be deleted from the operational databases by Pixfirst, if the latter deems it appropriate.
8.4. Security measures
The security of physical access to data, servers, and datacenters in which they are located is guaranteed by AWS.
ESTCT manages the security of remote IT access by limiting access to several software layers, on a "prohibited unless required and authorized" basis. Administrative access to servers and all data is kept to a minimum.
Connections of Users, Photographers and Organizers to the web interface of the service, from outside the datacenters, are secure (SSL encryption). Connections of Users to the Site are also secured in SSL when personal data is transmitted (orders for example).
Global backups are encrypted before being stored at ESTCT's provider, which guarantees the physical security of the encrypted files. The decryption key is stored separately, offline.
The subcontractor(s) offering technical support to Users have limited access to the service, via a web interface secured by individual credentials.
Security updates for IT systems are carried out as soon as possible after their publication, through monitoring specialized communication channels.
8.5. Cookies
ESTCT, to improve its users' experience, uses Cookies. These do not communicate either the email address or the identity of the user.
If they wish, both the user and the visitor can reject these cookies by changing the Internet options of their browser. Users must, however, accept the cookies necessary for processing their order. In any case, the information obtained through cookies will not be subject to any use other than that related strictly to the activity of ESTCT.
9. INTELLECTUAL PROPERTY
The Site and all of its content are the exclusive property of the company ESTCT or its partners and are subject to the Intellectual Property Code. Consequently, any reproduction, representation, adaptation of the elements present on the Site or constituting it are prohibited without the express authorization of the company ESTCT and constitute an infringement under the law. It is recalled that the infringement of a copyright, a registered design or model or a trademark is a criminal offense.
Pixfirst and the Photographer grant the User, for the photographs available in their personal space and/or their User account, a license for private use outside commercial exploitation. The User may nevertheless at any time contact Pixfirst via the contact form, to request authorization to exploit the photos more widely; Pixfirst and the Photographer then reserve the right to refuse such exploitation or to make such exploitation subject to conditions.
10. SEVERABILITY OF CLAUSES
In the event that one or more of the clauses of the GTU were to be null or deemed unwritten, whether as a result of a change in legislation, regulations or by a court decision, the other clauses of said GTU will remain applicable, and ESTCT will make any modification to the GTU to preserve the meaning of the null or unwritten provisions, the GTU thus modified being applicable upon their online publication.
11. RIGHTS AND DISPUTES
French law is the only law applicable to relations between ESTCT on one hand and Users, Photographers and Organizers on the other. Only the French version of the GTU shall prevail.
In the event of a dispute, which must imperatively be the subject of an amicable resolution attempt prior to initiating any proceedings, exclusive jurisdiction is assigned to the Commercial Court of Bayonne, for cases where jurisdiction clauses are lawful.
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PixFirst
All-in-one platform for school, nursery, and sports club photographers.
Sign up to follow the latest PixFirst news
© 2026 PixFirst | All Rights Reserved