General conditions of use (CGU)

 

 

1. Object

The purpose of these “general conditions of use” is to provide a legal framework for the terms and conditions for providing the services of the studiosaison.fr site and their use by the “User”. The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies acceptance of these general conditions of use. The studiosaison.fr website reserves the right to unilaterally modify the content of these general conditions of use at any time.

 

 

2) Legal notices

Saison is a trademark registered with the INPI, the operating license of which is entrusted to the Société Mendeleiev SAS, RCS Paris 802 514 950.

The studiosaison.fr site is published by the Mendeleiev SAS Company, whose head office is located at 59 Rue du Faubourg Saint Antoine - 75011 Paris - France.

The host of the studiosaison.fr site is the company OVH SAS whose head office is located at 2 rue Kellermann - 59100 Roubaix - France.

 

3) Definitions

The purpose of this clause is to define the various essential terms of the contract. User: this term designates any person who uses the site or one of the services offered by the site. User content: this is the data transmitted by the User within the site.

 

 

4) Access to services

The site allows the User free access to the following services: graphic, textual, photographic and videographic content.

The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are their responsibility.

The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to achieve this result.

Any event due to force majeure resulting in a malfunction of the network or server does not engage the responsibility of studiosaison.fr.

Access to the site's services may at any time be subject to interruption, suspension, modification without notice for maintenance or any other case. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.

The User has the option of contacting the site by email at bonjour@studiosaison.fr

 

 

5) Intellectual property

The brands, logos, signs and any other content of the site are subject to protection by the Intellectual Property Code and more particularly by copyright.

The User requests prior authorization from the site for any reproduction, publication, copy of the various contents.

The User undertakes to use the contents of the site in a strictly private context. Use of the contents for commercial purposes is strictly prohibited.

 

 

6) Personal data

 

 

The site ensures that the User collects and processes personal information while respecting privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. The site is declared to the CNIL under number 6574565.

Under articles 39 and 40 of the law dated January 6, 1978, the User has a right of access, rectification, deletion and opposition of his personal data. The User exercises this right by email to bonjour@studiosaison.fr

 

 

7) Liability and force majeure

The information given on the site is purely informative. Thus, the User alone assumes full responsibility for the use of the information and content of this site.

Any use of the service by the User directly or indirectly resulting in damage must be compensated for by the site.

An optimal guarantee of the security and confidentiality of the data transmitted is not ensured by the site. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of data.

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

 

 

8) Hyperlinks

Many outgoing hypertext links are present on the site, however the web pages to which these links lead in no way engage the responsibility of studiosaison.fr, which does not have control of these links.

The User therefore undertakes not to hold the site responsible for the content and resources relating to these outgoing hypertext links.

 

9) Evolution of the contract

The site reserves the right at any time to modify the clauses stipulated in these conditions.

 

 

10) Duration

The duration of these conditions is indefinite, producing their effects with regard to the User from use of the service.

 

 

11) Applicable law and competent jurisdiction

French legislation applies to these conditions. In the event of failure to amicably resolve a dispute between the parties, only the courts of the city of Paris have jurisdiction.

 

 

Terms of Sales (CGV)

 

 

1. Object

1.1. The purpose of these “general conditions of sale” is to define the terms and conditions under which Saison provides its services to the customer. When validating their order in the form of a signed quote or email stating "Good for agreement", the customer declares to accept without reservation the terms of said order as well as all of these general conditions of sale (CGV).

1.2. In the event of a contradiction between the Seasonal T&Cs and the customer's general purchasing conditions, only the Seasonal T&Cs will prevail and any condition contrary to the Seasonal T&Cs will, in the absence of express acceptance, be unenforceable.

 

 

2) Services

2.1. Saison provides its clients with its skills in terms of shooting photography, films, editing and image retouching. The service includes everything explicitly listed in the quote. Any service that is not included in the signed quote will be the subject of a supplementary quote.

2.2. Only the client's written "brief" (descriptive text of the photographs, films, expected supports or the mission entrusted) previously accepted by Saison is authentic in the event of a dispute. In the absence of a precise brief, Saison cannot be forced to revise its performance after shooting. Any intervention on the images after their delivery can only be done with the consent of Saison.

 

 

3) Price and payment terms

3.1. Saison sets the price of its services in agreement with the client when preparing the quote. The price is always expressed in euros excluding tax. All work is payable according to the conditions set out in the estimate. Acceptance of the quote constitutes a firm and definitive commitment by the customer for the entire production volume indicated.

3.2. The customer agrees to pay 50% of the price upon validation of the quote. In the event of cancellation of an order occurring after validation of the quote – in the form of a signed quote or an email stating “Good for agreement” – the customer is liable for the balance of the total due for the service indicated on the quote.

3.3. Any service ordered constitutes acceptance of full payment according to the terms indicated above, whether the service is used or not. Payment for the service must be paid in full upon delivery of the images, with a maximum tolerated period of 30 days following the date of issue of the invoice.

3.4. Return transport and repackaging are organized and paid for by the customer. In the event of support by Saison, responsibility and transport costs remain the responsibility of the customer.

 

 

4) Late penalties

4.1. Any non-payment, from the 31st day after receipt of the invoice, will give rise to late payment penalties which are payable without any reminder being necessary. These penalties are calculated on the amount including tax of the sum remaining due on the basis of the refinancing rate of the European Central Bank (ECB) increased by 10%. The customer will also bear the costs incurred by Saison for the recovery of his debt.

4.2. In addition, non-payment of an invoice automatically results in the cancellation of the transfer of rights to the visual(s) and therefore the ban on using the visual(s) concerned.

 

 

5) Execution and delivery times

The execution and delivery times for orders placed by Saison are given to the customer for information purposes only. Saison strives to provide services within the deadlines indicated. However, Saison declines all responsibility in the event of possible delays. The customer cannot take advantage of any delay in delivery to terminate the sale or claim damages.

 

 

6) Image ownership

6.1. The entire production and related rights remain the entire and exclusive property of Saison as long as the invoices issued have not been paid in full by the customer. Following full payment of the final invoice, the rights indicated on the quote are automatically transferred to the customer.

 

6.2. In accordance with the French intellectual property code, it is recalled for information purposes that payment for the provision of the support of the works does not imply physical ownership of the work by the broadcaster. As a result, only the property rights explicitly stated in the quote are transferred to the customer, within any limits also appearing there (limit of support, territory or duration).

 

6.3. Unless explicitly stated otherwise by letter with acknowledgment of receipt, Saison reserves the right to publish – without limit of duration, medium or geographical area – the photographs taken for the client on its external publication and advertising documents (website , portfolio, brochure, flyer etc.) and during its commercial prospecting activities.

 

 

7) Liability and limitation of liability

7.1. As the prices of the work are in no way proportional to the value of the products and other documents entrusted, we decline all responsibility in the event of loss, theft or deterioration, even total, of the products and other documents entrusted for any cause whatsoever. This disclaimer is absolutely mandatory and cannot contain any exceptions.

 

7.2. In the case of certain services, the customer's products may be damaged, made unfit for sale, or even destroyed. No compensation may be requested by the customer.

 

7.3. When placing an order, the customer guarantees that he has all authorizations from authors and third parties to allow Saison to produce and use the photographs ordered in accordance with the “assignment of representation and reproduction rights” clause. The client guarantees Saison without limitation against claims brought against it or against one of its photographers or service providers for non-compliance with the rights of third parties. In the context of services with mannequins, models or actors, Saison declines all responsibility in the use of media produced by the client or by Saison at the client's request. The termination of image rights is between the client and the model or actor (or agency representing him) without intervention from Saison.

 

7.4. The customer is requested to check the work upon receipt. Any work that is the subject of a dispute must be notified no later than eight days after the date of delivery of the images: otherwise, no complaint can be taken into consideration.

 

7.5 Unless otherwise notified in writing by the client, Saison may undertake the destruction of negative and positive duplicates and scraps, images and sound, 12 months after the release of the standard copy, this period being extended to 24 months for mixing elements. In the event that the customer asks it to postpone their destruction, Saison will ensure that it is stored for the necessary time in the premises of its choice, and may invoice the customer for storage costs.

 

 

8) Business breakdown and force majeure

8.1. In the event of a technical problem, breakdown or illness, Saison reserves the right to make substitutions on the day of the photo shoot or filming, or if this is not possible, to postpone it without any other compensation.

 

8.2. Any event of force majeure, as defined by law or case law, authorizes Saison to terminate the affected orders, upon simple written notice and without paying compensation to the other party.