1. Our company:

SARL Studio Cassette is a company incorporated under French law, represented by its manager Mr. Philippe LECOCQ, with a capital of 1,000 euros, registered with the RCS of PARIS, domiciled at 13 rue cassette, 75006 PARIS.

2. Purpose and applications:

Studio Cassette offers various services such as website creation, newsletter creation, visual creation, content creation, training and maintenance activities.

Each service will be defined and detailed in a purchase order, a quote or a contract and may be subject to specific terms and conditions of sale which will be annexed to it.

These general terms and conditions of sale (GTCS) apply without reservation from the receipt of the purchase order, the quote or the signed contract until the delivery of the service ordered:

• a purchase order, quotation or contract is deemed to have been accepted if the customer or one of its employees has signed it,
• a service is considered to be delivered when the work has been carried out by Studio Cassette in accordance with the purchase order, quotation or contract,
• Any modification or new order is subject to an amendment and independent invoicing.

The services offered by Studio Cassette free of charge are also governed by these T&Cs.

These T&Cs are valid for this order only, all T&Cs signed previously do not apply to this order. These T&Cs take precedence over any other document.

These T&Cs may be supplemented by conditions specific to each area of intervention of Studio Cassette and may be supplemented by specific conditions stipulated in the quotes.

By signing an order form, a quote or a contract with Studio Cassette, the customer acknowledges that he or she has read these T&Cs and the specific conditions applicable to it as mentioned on the order form, quote or contract.

3. Rights and obligations of the customer:

3.1. Information provided by the customer:

The client must provide, at the time of signing the order form, the quote or the contract, all the information necessary for the performance of the services ordered which will be requested by Studio Cassette. He must also expressly inform Studio Cassette of any modification of this information.

In the event that the information provided by the client is false, incomplete or obsolete, Studio Cassette reserves the right, without any compensation and without notice, to suspend or terminate all or part of the Services and/or services subscribed to by the client.

 

3.2. Compliance with Laws:

The customer undertakes to use the services of Studio Cassette in compliance with the laws applicable in France and abroad, as well as the uses in force on the Internet.

Thus, it undertakes to respect, in particular, but not exclusively, intellectual property, trademark law and patent law, the protection of minors, the laws governing audiovisual communication services, the processing of personal data, respect for the human person, electronic commerce and advertising, and the General Data Protection Regulation.

The customer shall refrain from any storage or dissemination of data of any kind that may constitute an infringement of the rights of a third party or a violation of any law in force.

Consequently, it is the sole responsibility of the client to ensure that the requests for communication that he addresses to Studio Cassette are legal on the media envisaged.

The client undertakes not to store or disseminate any data whatsoever related to the denial of crimes against humanity, incitement to racial hatred, child pornography, xenophobia and information of a controversial nature.

Finally, the customer shall refrain from any use of Studio Cassette for the purposes of hacking, denial of service, attack, phishing, sending unsolicited e-mail, sending viruses or any other illegal activity, as defined by law or case law.

In the event of non-compliance with any of these clauses, Studio Cassette reserves the right, without any compensation and without notice, to refer the matter to the competent authorities, and to terminate the contractual relationship, without prejudice to any other common law action that may be taken by Studio Cassette.

The client indemnifies Studio Cassette against all financial and legal consequences that may result from the civil or criminal liability of the client due to the presentation and content of any data whatsoever, stored or disseminated by the client, with regard to legislation worldwide.

3.2.1. Confidentiality:

The client shall refrain from communicating to any person outside its structure the written or oral information, technical interventions or know-how of Studio Cassette without the prior consent of the latter. The customer undertakes to warn its staff of the confidential nature of the information communicated by Studio Cassette.

3.2.2. Copyright:

Studio Cassette owns the intellectual property on the creations sold to the client.

Any copy, modification, reproduction whatever the medium or the reason is an infringement which engages the criminal and civil liability of its author.

 

3.3. Communication:

The client authorises Studio Cassette, or specific confidentiality clause, to use its name, company name, logo and the name of its website in order to promote the commercial actions of Studio Cassette.

 

3.4. Reliability of the Internet:

The customer declares that it is fully informed of the relative reliability of the Internet network, particularly in terms of: relative security in data transmission, unguaranteed continuity in access to the service, non-guaranteed performance in terms of volume and speed of data transmission.

4. Rights and obligations of Studio Cassette:

4.1. Subcontracting:

Studio Cassette reserves the right, without notice or compensation, to subcontract all or part of the services to a third party.

4.2. Confidentiality:

Studio Cassette undertakes to respect the confidentiality of the customer's data, the means implemented for the customer and the information that the customer has transmitted to it.

4.3. Copyright:

The purchase orders, quotes or contracts as well as the invoices of the Studio Cassette Company provide for the transfer of all rights of use and exploitation of the services delivered on the destination medium(s) for which it has been provided by the Studio Cassette Company, for a period of 10 years.

Any use on a medium other than the intended medium or any modification of the works produced by Studio Cassette will be subject to specific invoicing.

5. Financial Terms:

5.1. Payment method:

The invoices issued by Studio Cassette are payable in accordance with the purchase orders, quotes and contracts in euros, all taxes included and without discount.

Payments can be made within a maximum of 45 days by cheque, bank transfer or credit card.

The payment of a deposit of 40% of the amount of the purchase order, quote or contract will be requested upon signature of the purchase order, quote or contract, it conditions the launch of the project or service.

Until full payment and effective collection of invoices, Studio Cassette remains the owner of the services provided and will have the right to take possession of them at any time.

The applicable rates are those in force at the time of signing the purchase order, quotation or contract and acceptance of these T&Cs.

Studio Cassette reserves the right to pass on, without delay, any new tax or any increase in the rate of existing taxes in force.

6. Non-waiver:

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

7. Right of withdrawal:

In accordance with the provisions of French law, no right of withdrawal is granted to a professional Client who has ordered a service from Studio Cassette. Consequently, in this case, the cancellation of the provision of the service cannot give rise to any refund from Studio Cassette.

In accordance with the provisions of Articles L. 221-1 et seq. of the Consumer Code, the non-professional Client who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity, has a period of fourteen (14) calendar days from the date of receipt for the goods or the acceptance of the offer for the provision of services to exercise his right of withdrawal, without having to justify a reason or bear penalties. In the event of exercising the right of withdrawal, the direct costs of return remain at the expense of the Client. The decision to withdraw must be notified by registered letter with acknowledgement of receipt.

The refund is made within 14 days from the day on which Studio Cassette was informed of the decision to withdraw. Studio Cassette reserves the right to defer reimbursement until the products have been received or proof of shipment has been provided, whichever is the date on which one of these events occurs first.

In any event, the Client expressly acknowledges that the right of withdrawal cannot be exercised for certain supplies of products or certain services pursuant to the provisions of Article L. 221-28 of the Consumer Code, and in particular with regard to personalised services.

In addition, with regard to services that are subject to immediate performance before the end of the withdrawal period (research services, etc.) and the supply of digital content not provided on a physical medium before the end of the withdrawal period, the Client expressly waives its right of withdrawal by accepting these T&Cs.

In these cases, the cancellation of the order will not give rise to any refund from Studio Cassette.

8. Liability:

Studio Cassette is required to deliver the service previously established and validated by the parties in the order form, the quote or the contract as well as under the specific conditions of sale.

The client is solely responsible for the information that he or she provides and publishes (texts, images, etc.) on the media created by Studio Cassette.

The Company Studio Cassette cannot therefore be held liable in this respect.

With regard to third parties, the customer will be personally responsible for any claim and will be solely responsible.

As such, Studio Cassette undertakes to pay the greatest attention and care to the performance of the services contractually defined by the order form, the quote or the contract, it being specified that the services are provided on the basis of the information provided by the Client, which is its sole responsibility.

Except in the case of serious misconduct for which it is directly responsible, Studio Cassette cannot be held liable for any direct or indirect damage caused by the services provided.

In the event that Studio Cassette is held liable, the amount of reparations and damages of any kind will be determined by expert opinion.

In the event of damage caused by the fault of a subcontractor, Studio Cassette will provide the client with the subcontractor's contact details so that he or she can take any action directly against him/her.

9. Foreign cause and force majeure:

Studio Cassette declines all responsibility and any claim for damages in the event of an external cause or force majeure and in particular in the event of failure of the public electricity distribution network, strike, war, storm, earthquake, failure of the public telecommunications network, loss of Internet connectivity due to public or private operators.

The occurrence of a case of extraneous cause or force majeure suspends the obligations arising from the purchase order or the quote.

10. Competent Laws and Courts:

If any of the clauses hereof are contrary to a national or international law of public order, only the clause in question shall be annulled, the purchase order, the quotation and/or the contract remaining valid for the remainder. The parties will negotiate in good faith the drafting of a new clause to replace the null and void clause.

These T&Cs are subject to French law. In the event of a dispute between the parties, they undertake to seek an amicable solution beforehand.

In the event of failure of an amicable negotiated solution, exclusive jurisdiction is given to the courts of PARIS to settle the dispute.

11. Protection of personal data:

The nominative and personal information provided by the Client to Studio Cassette when signing the purchase order, quote or contract is necessary for the performance of the services.

In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, the customer has the right to access, modify, rectify, oppose and delete data concerning him/her, which he/she may exercise with Studio Cassette by sending a written request.

And in accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Studio Cassette's customers have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 of the GDPR), updating, completeness of Users' data right to block or delete Users' personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or the collection, use, communication or storage of which is prohibited
• Right to withdraw consent at any time (Art. 13-2c GDPR)
• Right to restriction of the processing of Users' data (Article 18 GDPR)
• Right to object to the processing of Users' data (Article 21 GDPR)
• Right to the portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• The right to determine the fate of Users' data after their death and to choose to whom Studio Cassette should communicate (or not) its data to a third party that they have previously designated

If the customer wishes to know how Studio Cassette uses his or her Personal Data, requests rectification or objects to its processing, the customer may contact Studio Cassette in writing at the following address:

Studio Cassette – DPO, Philippe Lecocq

13 rue cassette 75006 Paris.

In this case, the customer must indicate the personal data that he would like Studio Cassette to correct, update or delete, he must identify himself precisely with a copy of his identity document (identity card or passport).

Requests for the deletion of personal data will be subject to the obligations imposed on Studio Cassette by law, in particular with regard to the retention or archiving of documents.

Finally, Studio Cassette's customers may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).