Legal Notice and Conditions general of Sale
PX ART STUDIO , a simplified joint stock company (SASU) created on 04.26.2021. Located in CANNES (06400), it specializes in the production of institutional and advertising films. Arnaud LEFIEVRE , is president of the company PX ART STUDIO in the capital of 1500 € registered with the RCS of Cannes on 04.26.2021 with the siret 89863268200016. The head office is located at 4 rue Milton in Cannes.
Object
General conditions of sales (hereinafter "GTC") apply to all orders for services and products concluded between the customer (hereinafter "the customer") and PX ART Studio (hereinafter "the photographer"), entrepreneur registered with the RCS of Cannes , siret 89863268200016 , code APE 5911B. reservation of photo shoot or order entails full adherence to these T & Cs , except condition particulars agreed in writing between the photographer and the client. Postal address of the registered office: 4 Milton Street 06400 Cannes.
Command Object
All orders must be ratified by a voucher signed by the customer or his authorized representative.
The following is specified on the order form: the date of completion of the service, the times, the location (s), the price and the down payments made.
Any estimate signed by the parties takes the place of an order form.
In the event of partial or total cancellation of an order in progress, please refer to the article "Modifications - Termination - Cancellation - Compensation - Late payment penalties".
Tariffs and payment
The selling prices of Photography Services or any other services are those applicable at the time of the order in accordance with the established estimate.
Sales prices are exclusive of tax (VAT not applicable, article 293 of the CGI).
The photographer reserves the right to modify his prices and services at any time, without notice or compensation to recover a possible and unforeseen increase in the prices of the suppliers of products for the client.
All orders for Photography Services or any other services, give rise to the payment of a deposit of 50% of the total amount of the order (*), the balance to be paid to the delivery or first presentation of the services corresponding to the validated specifications. Any order will only be effective after receipt of the planned deposit, and / or this signed document.
(*) except for Public Administrations and “express” services.
The prices are calculated according to the present conditions of payment of deposit and balance mentioned above, within the deadlines also mentioned above. Except Public Administrations and Bodies dependent on Ministries, the Customer accepts an increase of 10% on the total amount of the order if he wishes his payment terms to prevail over ours, however the balance must be paid within a maximum period set at 45 days after handing over the work.
Companies that require supplier referencing should ensure that PX ART Studio is well referenced as a supplier before the start of services.
Any payment made to from a foreign currency is the entire charge of the Customer.
The price conditions of all offers made on estimate have a validity period of 30 days to from the issuance of the offer.
The pricing conditions for so-called “promotional” offers, and marked as such, are only valid for the duration they specify.
The Customer accepts an increase for the work carried out by the Service Provider and intended for be reproduced to be sold in quantity (examples: press, magazines, reviews, creation of a CD-ROM). More generally, any duplication of work submitted intended for the sale must be made with a repayment of "royalties" agreed in advance between the Client and PX ART .
The Service Provider reserves the right to "mark" (by adding a "watermark", a kind of anti-copy visual imprint) the photos and other work that it transmits to the Customer as long as the services are not fully paid, the say annotations specifying that the version is without a definitive license or "demo". The Service Provider reserves the right to withdraw any work that has not been fully paid by the Customer, without it being able to be held responsible, and it remains free from any penalty whatever happens. Invoices must be paid exclusively by check, bank transfer or cash. The delivery of a draft or any other document creating an obligation to pay that does not constitute payment.
Specifications - Modifications
An order includes a numbered order form, this contract initialed and signed, as well as the specifications (description of the realization on the technical, functional and aesthetic level) placed in the appendix of this contract or in the estimate.
All supplements not provided for in the initial estimate (or initial specifications) will be invoiced separately and may be the subject of an amendment. Consequently, any modification requested by the Customer not initially planned (additional views, change of location, modification of the scenario or of the options initially planned, etc.) will be invoiced in addition.
Hourly rates and billing based on attendance time
If the quote concerns a time of presence of the photographer on site, the time of presence begins as soon as the photographer arrives at the meeting place and ends at the time of his departure, the time being calculated in increments of 30 minutes. The moments of stopping which are not the responsibility or the will of the photographer are counted as time of presence. Any additional time spent on site will be invoiced in addition to the amount indicated in irreducible increments of 15 minutes.
Transmission of usual information
By default, the Service Provider communicates all the information to the Customer by e-mail. Apart from the Contract signed by both parties, the Service Provider reserves the right to invoice the shipment of supplies (documents, files, images, CD-ROM) to the Customer if the latter wishes these supplies to be sent by post.
Deadlines - Delivery
The photographs may, if the contract so stipulates, be delivered either on DVD-ROM, CD-ROM, FTP server or other digital medium mentioned in the order and will be at integrate on the customer's website by him, unless otherwise indicated on the order form.
In general, the Service Provider tries to meet reasonable deadlines. But the latter are also a function of the importance of the work perform and may change depending on technical constraints and / or elements independent of the parties. These deadlines are given to As an indication, no compensation may be granted to the Customer in the event of non-compliance with these deadlines, and no order may be canceled without the express agreement of the Service Provider.
The period begins upon receipt of all the documents necessary for the implementation of the order (texts, FTP codes, photos, electronic documents) and the initial deposit. As a general rule, these deadlines will be specified in the estimate and a delivery date of the services will be set by the Service Provider at the order confirmation.
The Service Provider is automatically released from any obligation in terms of time in the following cases:
- the information is not provided in time by the Client and / or the Client has not complied with his own obligations;
- the delivery of virtual services was not possible at the expected date due to the Customer and / or in the event of force majeure;
Orders on digital media will be shipped by post or courier. PX ART Studio cannot be held responsible for delays or losses attributable to manufacturers or carriers, whatever they may be.
Guarantees
The services are guaranteed within the framework of the legal provisions. The guarantee, upon presentation of an invoice, is limited, at the choice of the Service Provider, to repair or replacement of the defective service as a result of hidden defects pre-existing the delivery. To enable the hidden defect to be remedied, the Client must grant the Service Provider the necessary time and facilities; the Service Provider being released from any guarantee if the Customer refuses to grant them.
PX ART Studio is committed to keep a copy of the photographic works for one year and send them to the client on request.
Modifications - Termination - Cancellation - Compensation - Late payment penalties
Any modification of the order and / or of the General Conditions of Sale and of the special conditions of acceptance and execution of the services of Photographs or any other services must be the subject of a written agreement between the parties. Any modification will automatically result in a postponement of the delivery date initially planned.
Failure to comply with any of its obligations by the Client authorizes the Service Provider to terminate the Contract, at resume the services of Photographs or any other services delivered without prior notice, to keep at title of damages the sums already perceived and to bill to as compensation a minimum of 20% of the amount of the order The total or partial cancellation of the order unilaterally decided by the Customer authorizes the Service Provider to terminate the Contract, at resume the services of Photographs or any other services delivered without prior notice, to keep at title of damages the sums already perceived and to bill to as compensation a minimum of 30% of the amount of the order.In the event of late payment, the Service Provider will also apply late penalties set at three times the monthly legal interest rate payable on the day following the payment date appearing on the invoice without a reminder being necessary.
In application of law 80-335 of May 12, 1980, the products remain the property of PX ART Studio until full payment of the invoice.
at € default of payment at on the scheduled date, PX ART Studio reserves the right to notify the customer to pay the amount due.
Claim
Any complaint concerning the services must be made before their modification or the intervention of a third party.
No complaint can be taken into account after a period of eight days from the delivery of the goods.
Any unsatisfactory work must be returned in its entirety within the same deadline.
The Customer must leave PX ART Studio all possibilities to proceed to work checks to find a solution to the problem.
Shooting
When taking pictures outdoors, in the event of bad weather conditions (rain, storm, snow, wind) or in the event of force majeure, the Service Provider reserves the right to temporarily or completely suspend his work if he considers that this may have a harmful impact on its material or its own safety and / or hamper the quality of its work. In the event of bad weather conditions, the Service Provider will re-set an appointment date in agreement with the Customer at a later date. The Customer and the Service Provider will then remain free from any delay penalties.
Despite the efforts made by the Service Provider when taking the photographic shots, the latter can in no way be held responsible:
- the presence of disturbing elements (vehicles, signage objects, structural disorders, people, soil quality, terrain or natural elements such as natural trees such as trees or clouds);
- the reflection of his equipment in a mirror or any other material at the scene of the shooting;
- the shadow cast by his equipment which could be visible in the photographs (partly due to the position of ambient lighting, the position of the sun or inappropriate lighting;
- "flare" effects (reflection of light rays at through the lenses of an optical system caused by high intensity light sources);
- fine cuts or dark lines which could possibly appear on certain parts of panoramic photos (defect due to the optics used, certain moving elements such as vegetation subjected to wind, clouds, people…).
Security
The Service Provider reserves the right to refuse any services which would endanger his life or which could damage his equipment. In this case and if the Service Provider is already on the premises, he can leave while invoicing his trip and the time slot started.
The Service Provider reserves the right to refuse any work if the safety conditions are insufficient and / or the workplace is “at risk” (places sensitive to attacks, etc.).
The Customer must facilitate passage and access to the places where the photographs must be taken.
When providing Photographs in private and public places (museums, monuments, etc.), a manager or, failing that, an employee of the premises must accompany the Service Provider; if this is not possible, the Service Provider may refuse to perform its tasks without reimbursing the Customer for the first time slot due. If he continues his work alone, he can in no way be held responsible:
- incidents on the scene during his passage unless he is undeniably involved in these incidents;
- shots considered unnecessary by the Customer;
- shots that would not have been taken at places where the Customer would have liked.
Intellectual property - User license - Right of reference
All studies, quotes, proposals, documents submitted or sent by PX ART Studio remain and remain the property of PX ART Studio and may not be communicated to third parties without prior express authorization.
When the service has been paid in full, the final works handed over to the Client are handed over in a “free use” (*) manner: the Service Provider therefore grants a conditional assignment of his copyright on the submitted works (*):
(1) The Customer is free to use the work submitted within the limits of this license.
(2) Unless otherwise agreed, the Service Provider remains free to duplicate and / or modify this work and to distribute it on its site or on any other type of medium (electronic and / or printed), for reference or demonstration. However, the Service Provider undertakes not to resell this work.
(3) the Client unconditionally accepts a repayment of “royalties” to the Service Provider if the works are duplicated for resale and / or if they are used on pay and / or advertising networks. A prior agreement must then have been agreed between the Client and the Service Provider; the amount of the repayments will then have to be defined.
(4) Any modification to the work carried out by the Service Provider can only be made by the Service Provider (service invoiced in addition).
(5) The customer may not resell all or part of the work handed over to him by the Service Provider, nor rent them, nor transfer them, without prior written consent.
(6) The photographs taken at the customer's premises are free to use (except distribution on media and paying networks where a repayment of "royalties" is to be agreed).
(7) The photographs given "offered" from places other than those of the client are free to use (except distribution on media and paying networks or a repayment of "royalties" is to be agreed) but remain the inalienable property of PX ART Studio .
(*) excluding programs, scripts, java applets, flash files and other source files, visualization means, rendering techniques (interactive or non-interactive).
The Service Provider may mention the Customer among his references. However, the latter may request the withdrawal of personal data which appear in the references (Data Protection Act). The Customer accepts that the Service Provider can mark the pictures taken with his logo, and / or mention of his commercial site; likewise, any mention made to the Service Provider must remain on the work carried out and handed over to the customer, even after full payment of the services (article L121-1 of the Intellectual Property Code).
Regulated shots
The photographs can represent buildings and architectural monuments protected (by copyright - Articles L.lll-1 to L.132-33 of the Intellectual Property Code - and by image and property rights - articles 9 and 544 of the Civil Code), works, objects protected (by copyright - articles L.lll-I to L.132-33 of the Intellectual Property Code - and by the rights of designs and models - Articles L.511-1 to L.521 - 4 of the Intellectual Property Code, protected trademarks (Articles L.711-1 to L.716-6 of the Intellectual Property Code). It is up to the Client to negotiate directly with the holders of these rights the authorizations necessary for the use of the photographs, depending on the use made by the Customer.
Music and sound files
It is up to the Customer to negotiate directly with the holders of these rights the authorizations necessary for the use of the music, depending on the use made by the Customer.
Changes to on-site services
At the Customer's request, any change in place, day or time of arrival, number of days, may result in an additional cost (train prices and / or vehicle and / or plane rental, number of nights in hotel, etc.), which the Customer agrees to pay in full. Likewise, any costs of canceling or modifying the reservation of means of travel (train, plane, car rental, etc.), accommodation, etc., will be borne by the Customer.
Responsibility - Ethics
The photographs, drawings, diagrams appearing on documentation and / or on the Service Provider's websites do not enter into the contractual field. If errors occur, the responsibility of the Service Provider can in no case be engaged.
The responsibility of the Service Provider is strictly limited to the free replacement of services recognized as defective, to the exclusion of any other compensation of any kind, and in particular to the exclusion of compensation for any immaterial damage which would be the direct consequence or indirect failure of the Services provided. The technical data or all the information provided by the Customer to the Service Provider when ordering the Services binds the Customer and exempts the Service Provider from any responsibility for any errors made.
In the event that the performance of the Services requires authorization, the Customer is solely responsible for obtaining it. Failure to obtain this authorization does not engage the responsibility of the Service Provider and cannot constitute for the Customer a reason for refusing the execution of the order. The Service Provider cannot be held responsible for the use that will be made of the services (illicit copying, faking of photographs, use for purposes "contrary to good morals") that he has made, whether before or after payment by the customer.
The Service Provider reserves the right to stop his work at any time if the pictures relate to degrading, pornographic, pedophile scenes, and generally characterized as being “contrary to morality”. No refund will be made.
Computing and Freedom
In accordance with the Data Protection Act n ° 78-17 of January 6, 1978 relating to computers, files and freedoms, the Customer has the right to access, rectify, modify and delete data. that concern him.
Disputes
These general conditions of sale are subject to French law. The language of this contract is French. In the event that a dispute arises from this contractual relationship, the parties undertake before any legal action to seek an amicable solution. In the event of a persistent disagreement, only the courts ruling under French law will be competent.
Law and jurisdiction
The parties agree that the order and the General Conditions of Sale and the Special Conditions of acceptance and execution of Photographic Services and all other services, which form an integral part thereof, are subject to French law. The French courts have sole jurisdiction in the event of a dispute.
PX ART Studio in Cannes - 06 89 20 48 51 -
The photos on this site are not free of rights siren -89863268200016-