General terms and conditions of sale

DEFINITION OF THE PARTIES

Between the Alkymia Company, 31 rue Carrière, 31700, Blagnac

with a share capital of €7,000, registered in the Toulouse Trade and Companies Register,

under SIRET number 45260711200037,

represented by Mr. Baconnet Francis as Manager, duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter referred to as the “Seller” or the “Company”.

On the one hand,

And the natural or legal person purchasing the company’s services,

Below, “the Purchaser”, or “the Customer”.

On the other hand,

PREAMBLE

The Seller is a service provider in the audio sector (Compositions, mixing, mastering, audio processing, podcast and sound designer marketed through its website (https://www.francisbaconnet.com)). The list and description of the services offered by the Company can be consulted on the above-mentioned website as well as its sales pages.

ARTICLE 1 – Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.

ARTICLE 2 – GENERAL PROVISIONS

These General Terms and Conditions (GTC) apply to all sales of Services made through the Company’s website and are an integral part of the Agreement between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment of the order. These General Terms and Conditions may be consulted on the Company’s website at the following address: https://www.francisbaconnet.com/cgv. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a service, and accepts them without restriction or reservation. The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he is in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom he undertakes to do so. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3 – Prices

The prices of the services sold through the website are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the service order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the relevant local authorities and reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s Internet sites are the responsibility of the Client. If applicable, also the delivery costs.

ARTICLE 4 – Conclusion of the online contract

The Customer must follow a series of steps specific to each Service offered for sale by the Seller in order to complete his order. However, the steps described below are systematic: – Information on the essential characteristics of the Service; – Choice of the Service, where applicable, of its options and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Conditions of Sale. – Checking the elements of the order and, if necessary, correcting errors. – Follow-up of payment instructions and payment for services. – Service delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a.pdf copy of these general terms and conditions of sale. For the services delivered, this delivery will be made via a server or cloud specified by the Seller. For the purpose of the proper execution of the order, the Customer undertakes to provide his true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 5 – Services

The essential characteristics, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to honour the Customer’s order within the time limits for the provision of services in accordance with the company’s working days. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of the Services offered for sale have no contractual value. The validity period of the Services’ offer and their prices are specified on the Services’ sales pages, as well as the minimum duration of the contracts offered when they relate to the continuous or periodic provision of services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person who holds the email address provided). In accordance with the legal provisions, the Seller reimburses or redoes the service not corresponding to the order. Refunds can be requested by contacting the Seller by email or simple letter.

ARTICLE 6 – Retention of title clause

The services remain the property of the Company until full payment of the price has been made.

ARTICLE 7 – Delivery terms and conditions

The services are delivered to the delivery address that was indicated when the order was placed and within the specified time. When the Customer orders several services at the same time, they may have different delivery times and be delivered according to different terms and conditions. The Seller reminds that at the moment the Customer is physically in possession of the purchased Services, the risk of loss or damage to the Services performed is transferred to the Customer.

ARTICLE 8 – Service processing

Services will be processed within our business days.

No orders can be processed on Saturday and or Sunday.

For any service order placed outside of our working days, it will be processed on the working days following the order.

ARTICLE 9 – Payment

Payment is due immediately upon order. The Customer may pay by credit card or by the digital means offered by the site. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been made by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled..

ARTICLE 10 – Withdrawal period

In accordance with Article L 121-21-8 1° of the Consumer Code: “The right of withdrawal may not be exercised for contracts :

    • The provision of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
    • The provision of digital content not provided on a material medium, the execution of which has begun after prior express consent of the consumer and express waiver of his right of withdrawal.

ARTICLE 11 – Complaints

If necessary, the Purchaser may submit any complaint by contacting the company by email or by simple letter.

ARTICLE 12 – Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly prohibited..

ARTICLE 13 – Force Majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 14 – Nullity and amendment of the contract

If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.

ARTICLE 15 – GDPR and personal data protection

In accordance with the European Data Protection Regulation, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you agree that we may collect and use this data for the purpose of executing this contract..

ARTICLE 16 – Applicable law

All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.