TERMS AND CONDITIONS
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
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Design: Pandaflicks and Client think and write together a scenario that best meets the customer’s expectations (i applicable)
- Shooting: capturing video footage according to the Benefit chosen by the Customer
- Derushing: selecting the video footage to use during editing
- Editing: assembling and structuring video footage to get the final rendering
- Calibration: color correction
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Soundtrack: search for music, free of copyright, that best corresponds to the universe sought by the Client
- 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;
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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.