General Terms and Conditions of Sale for the Services of ERIC VIDAL EI towards Its Clients

Version in force as of Tuesday, October 8, 2024

Hereinafter, ERIC VIDAL EI is referred to as the SERVICE PROVIDER.
The SERVICE PROVIDER carries out audiovisual production services including videos and/or photographs, as well as, where applicable, the provision of other ancillary services for the benefit of a private individual or a company, hereinafter referred to as the CLIENT.
These audiovisual production services provided by the SERVICE PROVIDER are subject to an order placed by the CLIENT.
Prior to performance, such order is governed by a quotation or a specific contract signed by both the SERVICE PROVIDER and the CLIENT.
The clauses of the signed quotation or specific contract shall prevail over the General Terms and Conditions of Sale set out herein.

1. Purpose

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) are intended to define the rights and obligations of the SERVICE PROVIDER and the CLIENT in connection with an order.

2. General Provisions

The GTC govern the sale of services provided by the SERVICE PROVIDER and form an integral part of the contract between the SERVICE PROVIDER and the CLIENT. They are therefore fully enforceable against the CLIENT, who acknowledges having accepted them upon signing the order.
The signing of the quotation constitutes full acceptance of these GTC, unless specific conditions are expressly agreed upon in writing between the SERVICE PROVIDER and the CLIENT.
Any document other than these GTC, including but not limited to catalogs, brochures, advertisements, notices, press articles, or similar materials, shall have no contractual value and shall be for information purposes only.
The SERVICE PROVIDER reserves the right to amend these GTC at any time by publishing a new version. The applicable GTC shall be those in force on the date the order is signed.
By signing the order or quotation, the CLIENT acknowledges having read and accepted these GTC without restriction or reservation.

3. Firm Order

An order shall be deemed firm once the quotation issued by the SERVICE PROVIDER has been accepted by the CLIENT.
Acceptance may be evidenced by signing the quotation or by an email from the CLIENT expressly confirming acceptance.
A contract may be entered into between the SERVICE PROVIDER and the CLIENT instead of a quotation.
Any order must be accompanied by the payment of a deposit by the CLIENT.
In the event of modification of the initial quotation, only the latest accepted version shall be binding.

4. Right of Withdrawal

Pursuant to Article L221-18 of the French Consumer Code, the CLIENT has a right of withdrawal of fourteen (14) days from the conclusion of the order, without having to justify the decision or incur any costs other than those provided for in Articles L221-23 to L221-25 of the Consumer Code.
This right of withdrawal may be exercised by the CLIENT by registered letter with acknowledgment of receipt or by email, using the standard withdrawal form below. If the right of withdrawal is exercised within the statutory period, the deposit shall be refunded in full within a maximum of thirty (30) days.
If the right of withdrawal is exercised after the expiry of the said period, the deposit shall be retained in full by the SERVICE PROVIDER.
No deposit shall be refunded if the service has been fully or partially performed, with the CLIENT’s consent, before the expiry of the fourteen (14)-day withdrawal period.

Withdrawal form to be sent to the SERVICE PROVIDER by registered letter to:
ERIC VIDAL
17 lot des Tilleuls, 31470 Fontenilles
or by email to: ericvidalfilm@gmail.com

STANDARD WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract:

I/We () hereby notify you of my/our () withdrawal from the contract for the provision of the above-mentioned service.
Quotation No.:
Signed on:
Client’s name:
Client’s address:
Date:
Client’s signature:

5. Prices, Payment Terms and Expenses

5.1 General

Prices may vary over time and are guaranteed only for the date(s) of service specified in the quotation.
If the service is postponed, prices may be adjusted accordingly.
Certain services may require the use of third-party suppliers. The SERVICE PROVIDER may require the CLIENT to pay certain suppliers directly for part of the total service cost.
Such services may be subject to price adjustment at the time of actual performance, provided that the quotation specifies “price subject to adjustment” and details the adjustment terms.

5.2 Payment Schedule

Payment shall be made in accordance with the schedule set out in the quotation.
As the order is firm and final, the first installment constitutes a deposit which, in accordance with the law, is non-refundable and binds both parties to their obligations.

5.3 Services Subject to Uncertainty

The use of drones is subject to various conditions, the feasibility of which shall be assessed solely by the SERVICE PROVIDER.
If the drone is not used at all on the scheduled date, no payment shall be claimed for that service.
The service shall be payable in full if performance has commenced.

5.4 Methods of Payment

Payments may be made exclusively by bank transfer, check, or cash.

5.5 Meal Expenses

During service performance periods, meals for the SERVICE PROVIDER and/or its staff shall always be covered by the CLIENT.

5.6 Travel Expenses

Travel time and expenses are calculated from the registered office (17 lot des Tilleuls, 31470 Fontenilles) using the MAPPY.COM tool.
If travel by car exceeds one and a half hours for the outbound journey, travel expenses shall apply for both outbound and return trips.
Expenses are calculated based on a “road” vehicle category using E5 fuel (unleaded 98). The cost provided by MAPPY, including tolls, shall be invoiced to the CLIENT for each trip.
For travel by means other than car, a specific quotation shall be issued.

5.7 Accommodation Expenses

Where travel by car is involved and the service ends after 1:00 a.m., accommodation for each SERVICE PROVIDER staff member shall be provided at the CLIENT’s expense if travel time exceeds one and a half hours.

6. Modifications and Cancellation of the Service

Any modification to the order must be mutually agreed upon and formalized in a new accepted quotation.
The CLIENT’s consent is not required for price revisions where prices are subject to adjustment.
The SERVICE PROVIDER may not cancel an order except in cases of force majeure (death, illness, hospitalization, accident, natural disaster, flood, health crisis, regulatory or public authority requirements, strikes, or any other unavoidable, unforeseeable event beyond the SERVICE PROVIDER’s control).
Such cancellation shall not incur liability or give rise to damages.
If cancellation is initiated by the SERVICE PROVIDER, all amounts received shall be refunded within thirty (30) days, with no compensation owed to the CLIENT.
In the event of force majeure preventing performance, the SERVICE PROVIDER undertakes to propose a replacement professional, making every effort to ensure equivalent quality and cost. The CLIENT acknowledges and accepts this arrangement. This obligation does not prevent the CLIENT from independently engaging another service provider.

The CLIENT may cancel an order only if performance has not begun and with the written consent of the SERVICE PROVIDER.
If cancellation is requested more than four (4) months before the main service date, only the initial payment shall remain with the SERVICE PROVIDER.
If cancellation is requested less than four (4) months before the main service date, all remaining payments shall become immediately due.
This requirement is intended to compensate for loss of opportunity to perform another service on the same date.

7. Performance of the Service

Audiovisual production services may vary depending on, among other factors:

• required human resources,

• specific technical equipment,

• number of photographs delivered,

• number and duration of films,

• delivery timelines,

• shooting locations,

• service time slots.

All such essential elements must be confirmed in writing prior to acceptance of the quotation.

8. Client Obligations

The CLIENT is responsible for obtaining all necessary filming and shooting authorizations.
The CLIENT shall inform the SERVICE PROVIDER, at the start of each session, of any significant or unusual moments to be highlighted.
The CLIENT shall ensure cooperation from guests and third parties to enable optimal performance.
The CLIENT shall comply with the service time slots specified in the quotation. If optimal conditions are not met, the SERVICE PROVIDER shall not be bound by quantitative delivery commitments.

9. Post-Production

Following filming and photography, the SERVICE PROVIDER performs post-production work, including photo retouching/cropping and video editing, under its sole responsibility.
This is a creative process reflecting the SERVICE PROVIDER’s artistic style, which the CLIENT acknowledges having reviewed beforehand via the SERVICE PROVIDER’s website or social media.
The CLIENT may express general preferences or provide royalty-free music, which shall not be binding constraints.
Music selection shall be made by the CLIENT from a licensed catalog offered by the SERVICE PROVIDER, unless the CLIENT expressly waives this right in writing.
Photo selection for albums shall be made by the CLIENT unless delegated to the SERVICE PROVIDER.
Any specific mandatory requirements must be set out in writing, accepted by the SERVICE PROVIDER, and attached to the order.

Photo retouching is limited to cropping, color grading, and brightness/contrast adjustments. No elements may be added or removed, nor may physical appearance be altered.
Any additional modification requests after delivery are subject to a separate quotation, payable in advance.
By specific agreement, post-production may be waived in favor of delivery of raw footage only.
The CLIENT may purchase raw footage and/or original unedited photos for an additional fee of €120 (excl. VAT), payable prior to delivery.

10. Delivery

Unless otherwise agreed, deliverables shall be provided within a maximum of sixty (60) days following the final shoot.
Deliverables are provided via USB key and/or a download link available for one month.

11. Retention Period

After delivery, the CLIENT is responsible for backing up the deliverables.
The SERVICE PROVIDER does not retain deliverables beyond six (6) months unless a paid storage contract is agreed in advance.

12. Liability of the Service Provider

The SERVICE PROVIDER undertakes to use all reasonable means to ensure quality service.
In the exceptional event of total or partial loss of footage, the SERVICE PROVIDER shall refund all or part of the service price, excluding any further compensation.
The SERVICE PROVIDER shall not be liable for incidents beyond its control, including weather or technical conditions.
The SERVICE PROVIDER alone determines the safe use of equipment.

13. Intellectual Property

The SERVICE PROVIDER remains the owner of all photographs and videos, even after delivery.
For family events, use is strictly private and non-commercial.
The CLIENT is granted a private-use and duplication right only, unless otherwise agreed in writing.
Only royalty-free music may be used unless the CLIENT secures necessary rights and indemnifies the SERVICE PROVIDER.

14. Image Rights

The SERVICE PROVIDER may use photos or videos for promotional purposes unless expressly refused in writing by the CLIENT.
Absent prior objection, the CLIENT is deemed to have obtained consent from all participants.

15. Personal Data

Client data is used solely for service management and performance, in compliance with GDPR.
Clients may exercise their rights by contacting:
Eric VIDAL – ericvidalfilm@gmail.com – 17 lot des Tilleuls, 31470 Fontenilles.

16. Complaints

Any complaint must be submitted by registered letter or email within ten (10) days following the service or delivery.

17. Disputes

These GTC are governed by French law.
The parties shall seek amicable resolution prior to litigation.
Failing agreement, disputes shall fall under the exclusive jurisdiction of French courts.