ARTICLE 1 : SCOPE AND DEFINITIONS

1.1 Scope

The purpose of these General Terms of Sale (CGV) is to govern the relationship between Pandaflicks and Customers and is applied for all services performed by Pandaflicks. They will be communicated at the request of the Customer, in accordance with the regulations in force and on its  website:  https://pandaflicks.com.

Any Order implies full adherence to these GVCs, even if there are differing or even contrary stipulations could appear on the Customer’s orders or on his general terms of purchase or on any other document emanating from the Customer.

The application of other special conditions emanating from these GVCs, except after written acceptance of Pandaflicks.

1.2 Definitions

– “Pandaflicks” refers to Arauld AFFI, individual company, Siret: 853 190171 00019 whose headquarters are set at 60 chemin de la Gabelle, 74580 Viry – FRANCE.

– “Customer” refers to the adult natural person (as defined in ARTICLE 3) or legal person, seeking the services of Pandaflicks. It may be one (1) or more.

Pandaflicks and the Client are jointly referred to as the “Stakeholders” and individually a “Stakeholder”.

– “Service delivery” refers to the realization of Pandaflicks for the Order placed by the Customer.

– “Order” refers to any request from the Customer for a Service Benefit to Pandaflicks.

– “Quote” refers to the written document by which Pandaflicks proposes to sell the Service Benefit at a certain price. It becomes Contract when it is accepted and signed by the Parties.

– “Contract” refers to the agreement signed by which Pandaflicks is obliged to perform the Service Benefit and the Customer to pay Pandaflicks in accordance with these CGV.

ARTICLE 2 : OBJECT

2.1 Object

Pandaflicks propose les types de Prestations suivantes :

– Corporate movies

– Marketing videos

– Events movies

– Video clip

2.2 Work performed

Pour chaque type de prestation, le travail réalisé par Pandaflicks est le suivant

1. Design: Pandaflicks and Client think and write together a scenario that best meets the customer’s expectations (i applicable)

2. Shooting: capturing video footage according to the Benefit chosen by the Customer
3. Derushing: selecting the video footage to use during editing
4. Editing: assembling and structuring video footage to get the final rendering    
5. Calibration: color correction

6. Soundtrack: search for music, free of copyright, that best corresponds to the universe sought by the Client

7. Delivery of the finished product via a download link

In the case of media provided by the Customer, the Customer expressly states that he owns the copyrights, broadcasts and reproduction of the media or, if necessary, has obtained any written permission for the reproduction and dissemination of those media. For any media delivery, the Client will have taken care of a copy. The liability of Pandaflicks, in case of loss or deterioration of the media entrusted to it, is limited to the reimbursement of blank media.

ARTICLE 3 : MAJORITY

Clients declare that they are of age under Section 414 of the Civil Code and undertake to provide all the necessary documentation at the first request of Pandaflicks.

In the event that the Clients are minors, the signature of the legal representatives of the latter will be required under the Service Benefit Contract.

Pandaflicks will not be any problem “Film and Wedding Clip” service benefit if one of the bride and groom is a minor.

ARTICLE 4 : ORDER

– Any order must be made through the Pandaflicks website https://pandaflicks.com or directly by email at contact@pandaflicks.com.

– Any written request for Services from the Customer is a proof of a voucher.

– Taxes Included (TTC), which is accepted and signed by the Stakeholders becomes Contract.

The final validation of the Order is effective as soon as Pandaflicks receives a down payment, as defined in “ARTICLE 6: MODALITY OF PAYMENT”.

– Any change to Order made by the Customer within a reasonable time, via email to the contact@pandaflicks.com address, and may result in the change in the amount of theQuote. The amendments are only effective after Pandaflicks has assessed their feasibility, given the time frame, and complexity by Pandaflicks to achieve the Benefit.

ARTICLE 5 : RATES

The rates of the Service Benefit are defined and applied on the basis of the Quote validated and signed by the Stakeholders in due form, as defined in “ARTICLE 4: COMMAND”.

Pandaflicks provides the customer with an invoice (in dematerialized format) showing the rates and net (Excluding Taxes) when the Service Delivery is delivered.

Pandaflicks can be used in the marketplace, depending on the number of service orders, the regularity of these conditions, and Pandaflicks conditions, and valid only once and one place.

ARTICLE 6 : PAYMENT MODALITY

6.1 Down payment

The rate of payment is a first payment to the total price of the Service Benefit and demonstrates the obligation of the United States to enter into the contract (hereinafter referred to as the “Deposit”).

As such, the Client agrees to pay Pandaflicks on the day of the signing of the Service Benefit Contract to the extent of:

• If the total price of the service is less than or equal to 600 Euros incl. tax: 50% (fifty per cent) of the total price shown on the Contract;

• If the total price of the service is more than 600 Euros incl. tax: 30% (thirty per cent) of the total price listed on the Contract. 

The deposit is payable at the due date indicated on the contract.

6.2 Total price balance

The balance of the total price corresponds to the amount remaining to be paid:

Total price – Deposit paid = Total price balance

This balance must imperatively be paid to Pandaflicks within the deadline agreed by the Parties, and mentioned on the Contract.

In case of late payment, late penalties will be calculated on the basis of the amount mentioned in the Contract. The amount of the penalties will correspond to three times the legal interest rate (decree 2014-138 of February 4, 2014). These penalties will automatically be automatically acquired at Pandaflicks, and without formalities or prior notice, and may result in the immediate payment of all amounts due to Pandaflicks by the Customer, without prejudice that Pandaflicks would be entitled to bring, as such, against the Customer.

In case of non-compliance with the payment conditions mentioned above, Pandaflicks reserves the right to suspend or cancel the delivery of Services ordered by the Customer. Pandaflicks also reserves the right to suspend performance of its obligations and to reduce or cancel any discounts granted to the Customer.

ARTICLE 7 : DURATION OF CONTRACT – EARLY TERMINATION

As the Parties do not intend to make their commitment subject to a cooling-off period, the Service Delivery Agreement shall take effect from the date of signature. The Parties expressly agree that the Contract is concluded for the duration of the services as defined therein.

The Contract may be terminated in advance in the event of liquidation or judicial reorganization of either Party in accordance with the legal and regulatory conditions in force, and subject, where applicable, to applicable public policy provisions. In this case, the termination of the Contract shall be notified by registered letter with acknowledgment of receipt and shall take effect immediately upon its receipt, without prejudice to any action that may be brought by one of the Parties.

ARTICLE 8 : POLITIQUE D’ANNULATION/MODIFICATION

Unless otherwise specified in the Contract, the following cancellation terms apply.

Any cancellation of the Customer’s Order after the validation of it by Pandaflicks must be made in writing.

8.1 Cancellation by the Customer

The full amount paid on the order (as defined in the “ARTICLE 6: PAYMENT TERMS”) can not be refunded regardless of the reasons for the cancellation, except in case of force majeure.

– If canceled up to 4 months before the date of the Service: 50% of the balance inclusive of VAT, except Deposit, will be charged and due to Pandaflicks;

– If canceled less than 4 months before the date of the Service: 100% of the balance inclusive of VAT, except Deposit, will be charged and due to Pandaflicks.

8.2 Cancellation by Pandaflicks

Any cancellation by Pandaflicks in the period greater than 4 months before the date of the Service will result in the immediate refund of the deposit paid by the Client.

No cancellation by Pandaflicks will be possible within less than 4 months before the date of the Ceremony, except in case of force majeure duly demonstrated and justified by the Pandaflicks.

In case of cancellation, Pandaflicks undertakes to contact another videographer partner of Pandaflicks to perform the Service ordered by the Customer. However, the Customer expressly acknowledges that, in case of need to find a replacement, Pandaflicks would only be held to an obligation of means.

8.3 Change of the Benefit Date

Any change in the date of the Service serves as a cancellation of the Service. In the event that Pandaflicks is available for the new fixed date, he undertakes to propose to the Customer a new Contract. However, Pandaflicks can not be held responsible if it is unable to provide the service on the date finally fixed.

8.4 Change of formula

At any time, the Customer may choose to switch to a higher formula among those offered by Pandaflicks. However, the Parties recognize the impossibility of moving to a lower formula.

8.5 Retraction

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for service contracts made according to consumer specifications or clearly personalized.

In the event that the Service ordered by the Customer is not clearly personalized according to the specifications of the Customer, the Customer has a period of fourteen days to exercise his right of withdrawal from a Contract concluded remotely, without having to motivate its decision or bear other costs than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code.

To exercise his right of withdrawal, the Customer must notify Pandaflicks:

• His name, address and, where available, his telephone number and email address;
• As well as its decision of retraction by means of a declaration without ambiguity expressing its will to retract.

In the event of exercise of the right of retraction within the aforementioned period, only the price of the Services ordered is refunded. Pandaflicks will refund using the same method of payment used for the initial transaction (unless expressly agreed by the Customer so that Pandaflicks uses another means of payment and to the extent that the reimbursement does not incur any costs for the Customer).

ARTICLE 9 : RELATIONSHIP BETWEEN THE STAKEHOLDERS

Pandaflicks will not be subordinate, or any of its representatives, will be subordinate to the Customer for the performance of the Services. The Pandaflicks responders remain, under all circumstances, under the sole direction, the sole control and exclusive responsibility of Pandaflicks. Pandaflicks freely chooses his organization. He determines his working methods independently.

In particular, the Parties recognize that Pandaflicks in charge of the performance of the Service, will not act as an employee of the Customer, nor can it be considered as such. The Parties accordingly acknowledge that all fees paid under the Contract represent an Independent Service Provider’s service fees.

The Parties will act at all times independently of each other and no stipulation of the contract shall be construed as creating any subsidiary or joint venture or de facto corporation.

In any case, Pandaflicks and its possible representatives will not be entitled to represent the Client.

ARTICLE 10 : TERMS OF ACHIEVEMENT OF BENEFITS

10.1 Artistic style

The Customer acknowledges that he is familiar with the style of Pandaflicks, and seeks his services knowingly and because of the artistic style of it. He also recognizes that the work of Pandaflicks is constantly evolving, and that the videos may therefore not be identical to those already viewed on the site or media of communication.

10.2 Technical Information

The Customer shall provide Pandaflicks with all technical information, if necessary, by the due date agreed between the Parties.

In case of non-delivery of this technical information, Pandaflicks reserves the right to delay or cancel the order placed by the Customer.

10.3 Other providers / Guests

The Client guarantees that he has not called on another provider for the performance of the Video Service event. Otherwise, it undertakes to immediately inform Pandaflicks to allow contact between the two providers to determine the terms of their respective interventions.

The responsibility of Pandaflicks can not be sought in case of inconvenience caused by the second provider, or guests or any other intervener. The Client undertakes to obtain from his guests the agreement of the priority of Pandaflicks for the shots during the event, without hindering or hindering him as part of the Service.

10.4 Follow-up of the instructions / Units of the services / Material

The Customer undertakes to respect the instructions of Pandaflicks during the Service. The video service takes place in one piece. Its time of presence can not be split.

Pandaflicks is committed to providing sufficient equipment to ensure all its services and to ensure the use of equipment in good condition and maintenance. It will bring the necessary care for the progressive backup of memory cards and their subsequent post-processing in the rules of the art. However, he will not be responsible for an unexpected failure of part of his equipment, this case must then be considered as a case of force majeure preventing the delivery of part of the images.

The Customer agrees to reimburse any material damage caused to Pandaflicks by the Customer and / or its guests / stakeholders.

10.5 Drone

Services requiring the use of a drone will be exclusively in compliance with the regulations in force. Depending on the technical and geographical elements provided by the Customer, Pandaflicks undertakes to inform him of the constraints and the possibility or not to fly a drone.

10.6 Bad weather

The Customer acknowledges that an adverse weather may affect partially or completely the result of the shots and the quality thereof, without the responsibility of Pandaflicks can not be committed.

10.7 Guests / Speakers

The Client authorizes Pandaflicks to film all the guests and persons present at the event. He will make his personal case of a possible challenge from one of the guests and will find an agreement with the latter as part of the dissemination of videos in the private setting.

Pandaflicks will endeavor to obtain shots from all guests / stakeholders but will not be held responsible in the event that some people have not been filmed. The Client will take care to present to Pandaflicks, before / during the event, the important people whom it is imperative in his eyes that they appear on the videos.

In case of divergence between the instructions of the Customer and that of its guests / speakers, the first will be privileged.

Pandaflicks will not be held responsible in the eyes of the Customer in the case where shots will not be made or will be spoiled by the presence of guests / speakers who hinder the smooth running of the Services.

In the event of lack of respect towards the speakers of Pandaflicks by the Customer, guests / speakers or other providers, they allow themselves to leave the premises of the Service after informing the Customer.

10.8 Additional costs

Any additional costs related to the performance of the Service Provision (including travel expenses, catering, accessories, etc.) will be detailed and included in the Contract.

ARTICLE 11 : TERMS OF DELIVERY OF SERVICES

Delivery of the Services will be made within the period previously negotiated by the Parties.

The responsibility of Pandaflicks can not be committed in the case where there is a delay not exceeding the 20% (twenty percent) of the time on the basis of the delay engaged for the delivery of the Service.

In the event of a delay of more than 20% (twenty percent) of the time on the basis of the deadline, the Customer may claim a discount of up to 15% (fifteen percent) of the total amount of the service.

Pandaflicks can not be held liable in the event of delay or suspension of delivery of the Service attributable to the Customer, or in case of force majeure.

ARTICLE 12 : CLAIMS – DISPUTES

12.1 Claims

The Customer will have seven business days after receipt of the service, to issue a claim or reservation in writing, with supporting documents relating to Pandaflicks. In the absence of claims, or beyond the period of seven working days, the Services will be considered as conforming to the order.

Any changes requested by the Customer may be subject to additional specific invoicing on Quotation, signed by the Parties.

12.2 Litigation

In the event of a dispute, the Parties undertake to seek as a priority an amicable agreement before any legal action.

Any dispute which could not be resolved amicably by the Parties as to the interpretation, the execution and the termination of the Contract, will be submitted by one or other of the Parties to the competence of the courts of the jurisdiction of the seat from Pandaflicks.

ARTICLE 13 : GUARANTEES – STORAGE

13.1 Guarantees

Pandaflicks guarantees (in accordance with the legal provisions) the Client against any lack of conformity of the Services and any hidden defects, that would come from an error of conception or realization of the Services provided and of this fact would make them unfit for the use to which they were intended, to the exclusion of any negligence or fault of the Customer.

In order to assert his rights, the Customer must inform Pandaflicks in writing, of the existence of defect or hidden defect of the service within a maximum period of seven working days from the day of the delivery of the Services to the Customer, and the reception of these.

Pandaflicks will modify, at its exclusive expense, the services deemed defective, once the identification of the defect, recognized as such by Pandaflicks.

The guarantee of Pandaflicks being limited to 20% of the total amount of the Service, in order to rectify the defect.

13.2 Storage

A preservation of digital audio and video files is applied for a period of 3 months after delivery of the service. During this period, the files may be returned to the Customer free of charge. Beyond this, in the case where the files will have been preserved, the unarchiving of the files will be invoiced 150 Euros TTC to the Customer by Pandaflicks

Digital audio and video files remain the exclusive property of Pandaflicks.

ARTICLE 14 : INTELLECTUAL PROPERTY – RIGHT TO IMAGE

14.1 Intellectual property

The content of the service work is the responsibility of the Customer. All duties and taxes levied on the fixation of the reproduction or the broadcasting of the audiovisual production are the responsibility of the Customer, except other elements made available by Pandaflicks which are free of rights or whose rights belong to Pandaflicks.

The Customer will make his personal business acquisition of all rights of reproduction, distribution, adaptation, representation, all rights of literary and artistic property whatsoever as well as all industrial property rights concerning all technical information.

The Client guarantees Pandaflicks against any recourse, whatever it may be, emanating from any third party, for any reason whatsoever, from the production and / or broadcasting of the audiovisual work.

Pandaflicks reserves the right to refuse any technical and / or artistic information communicated by the Customer.

14.2 Right to the image

In the context of the Agreement and unless the Client expresses a written opinion to the contrary, the Customer expressly authorizes Pandaflicks to distribute, reproduce, as part of its communication or commercial documentation, as a reference or illustration, the work of Delivery made for the Customer, by any means of communication that Pandaflicks deems useful, communications on social networks and content created or selected by Pandaflicks.

Pandaflicks undertakes not to make use of its works resulting from the Services for purposes likely to harm the people represented on them.

ARTICLE 15 : EXPLOITATION OF THE AUDIOVISUAL PRODUCTION

The exploitation of the audio-visual service must conform to the destinations that are defined in the Contract, and that the Customer undertakes to respect.

In case of non-compliance with the operation defined in the Contract, Pandaflicks reserves the right to apply additional invoicing to the Customer.

ARTICLE 16 : MAJOR FORCE

Neither Party shall be liable to the other for any loss or damage suffered as a result of force majeure defined as any unforeseeable, irresistible event outside the Parties and in any event fortuitous or external causes such as social conflicts, intervention of civil or military authorities, natural disasters as defined by law.

The Parties will inform each other in writing of the occurrence of a case of force majeure and will collaborate to limit its consequences and duration.

During the duration of the event of force majeure, the execution of the Contract will be suspended. If this interruption should exceed one (1) month, the Contract may be terminated by either Party without compensation on either side.

ARTICLE 17 : APPLICABLE LAW

Any question relating to these general conditions of sale and the sales they govern, which would not be treated by these contractual stipulations, will be governed by French law.