Terms and Conditions of Sale

These T&Cs define the respective rights and obligations of the parties in connection with the provision by the Provider of its audiovisual production services, studio rental and associated technical services, whether the order is placed online via the Provider's website or on the basis of a customized Quote.

They apply to any order placed by the Client, whether a natural person acting for personal purposes or a legal entity acting in the course of its professional activity. They prevail over any other document issued by the Client, including its own general purchasing conditions, unless the Provider has given express written consent to the contrary.

By placing an order, the Client fully and unreservedly agrees to these T&Cs. Any contrary condition imposed by the Client shall be unenforceable against the Provider, regardless of when it may have been brought to the Provider's attention.

Service prices are expressed in euros and indicated excluding taxes (excl. VAT) or including all taxes (incl. VAT) depending on the communication medium. The applicable value added tax is that in force on the date of invoicing.

The Provider reserves the right to modify its prices at any time. However, Services are invoiced based on the price in force on the date the Quote is validated by the Client or on the date the Online Booking is confirmed. Price surcharges may apply for Services carried out on weekends, public holidays or outside regular hours; these conditions are specified in the Quote or displayed on the website during booking.

Any Quote issued by the Provider is valid for thirty (30) calendar days from its date of issue, unless otherwise stated. After this period, the Provider reserves the right to revise the proposed pricing conditions.

Services may be ordered through two channels:

• Online Booking: the Client selects a time slot, studio, package and desired options directly on the Provider's website (creativgen.com). The order is deemed firm and final upon validation of full online payment by bank card via the secure Stripe platform. The Client receives a booking confirmation email summarizing the Service details.
• Quote-based order: for bespoke Services or those not available online, the Client submits a quote request to the Provider. The order is deemed firm and final upon receipt of the Quote signed by the Client bearing the mention "Approved", accompanied by payment of the Deposit provided for in Article 5.

Regardless of the ordering method, all bookings are subject to studio availability. The Provider reserves the right to refuse any order for a legitimate reason, including but not limited to unavailability, requests contrary to public policy or morality, or the Client's history of unpaid invoices.

By validating their order (online or by Quote), the Client declares that they have read and unconditionally accepted these T&Cs as well as, where applicable, the specific conditions applicable to promotional offers.

Payment terms differ depending on the ordering method:

• Online Booking: the total price of the Service is paid in full at the time of booking by bank card via the secure Stripe platform. Payment is a condition for booking confirmation.
• Quote-based order: a Deposit, the amount of which is specified in the Quote, is required upon order confirmation. This Deposit definitively binds both parties in accordance with Article 1590 of the French Civil Code. The balance is payable according to the terms and schedule indicated in the Quote, and no later than the delivery of the Deliverables or at the end of the studio Service.

Payments are accepted by bank card via the secure Stripe platform or by bank transfer to the account indicated on the invoice. Bank card transactions are secured by the payment provider Stripe, which is PCI-DSS certified. The Provider does not store any of the Client's banking data.

In accordance with Articles L. 441-10 et seq. of the French Commercial Code, any late payment automatically triggers, without the need for a formal demand:

• Late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points;
• A fixed indemnity of forty (40) euros for recovery costs, without prejudice to the Provider's right to claim additional compensation supported by evidence.

In the event of payment default, the Provider reserves the right to suspend any ongoing Service and to refuse any new order until full settlement of all outstanding amounts.

The Provider undertakes to perform the Services with diligence and professionalism, in accordance with industry standards and the specifications agreed in the Quote or set out in the Online Booking summary. This constitutes an obligation of means, not of result.

Delivery timelines for Deliverables communicated by the Provider are given as estimates only. A reasonable delay in delivery shall not give rise to order cancellation, damages or any payment withholding by the Client.

The Provider reserves the right to subcontract all or part of the Service to subcontractors of its choice, under its own responsibility and without affecting the quality of the service delivered to the Client.

The Client undertakes to:

• Read and comply with the Provider's studio house rules, displayed on the premises and available on the website creativgen.com (view the house rules), which form an integral part of the contractual documents;
• Provide the Provider, within agreed timelines, with all information, elements and content necessary for the proper performance of the Service;
• Guarantee that they hold all required rights and authorizations for the elements provided (texts, images, music, trademarks, image rights of persons appearing in the content);
• Use the studios, equipment and materials made available in accordance with their intended purpose and in compliance with the safety instructions communicated by the Provider;
• Respect booking schedules; any occupation exceeding the reserved time slot may be subject to additional billing at the prevailing hourly rate.

Any damage to materials, sets, equipment or premises attributable to the Client, their guests or their subcontractors will be invoiced to the Client at the actual cost of restoration or replacement.

The Client is solely responsible for ensuring that the content produced complies with applicable legislation, particularly regarding copyright, image rights, trademark law and advertising regulations. The Client indemnifies and holds the Provider harmless against any action, claim or demand from a third party in this regard.

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, a consumer Client (a natural person acting for non-professional purposes) has a period of fourteen (14) calendar days from the order confirmation to exercise their right of withdrawal, without having to justify reasons or pay penalties.

However, pursuant to Article L. 221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised for Services fully performed before the end of the withdrawal period, where performance has begun with the Client's express prior agreement and express waiver of their right of withdrawal.

To exercise their right of withdrawal, the Client must send an unambiguous statement by email to hello@creativgen.com. In the event of a valid withdrawal, the Provider will refund all sums paid within fourteen (14) days of receiving the request.

Any cancellation or modification request by the Client must be notified in writing to hello@creativgen.com. The following conditions apply, whether the order was placed online or by Quote (the term "sums paid" refers, as applicable, to the Deposit or to the full amount paid at the time of the Online Booking):

Any modification to the Service requested by the Client (change of date, duration, package or studio) is subject to the Provider's prior agreement and availability. It may result in a price revision documented, as applicable, in an amendment to the original Quote or in an additional online payment.

The Provider reserves the right to cancel or postpone a Service in the event of force majeure or circumstances beyond its control. In such case, the Client will be informed as soon as possible and offered either a rescheduling to a mutually agreed date or a full refund of all sums paid, with no additional compensation being claimable.

The Provider's liability is strictly limited to direct and foreseeable damages resulting from a proven breach of its contractual obligations. In any event, the Provider's total liability, for all causes combined, is expressly capped at the total amount incl. VAT actually received for the Service in question.

The Provider shall not be held liable for indirect damages, such as loss of revenue, loss of customers, loss of business, reputational harm or data loss, even if the Provider has been informed of the possibility of such damages.

The Provider's liability shall under no circumstances be engaged in the event of: force majeure as defined in Article 13; failure, delay or breach attributable to the Client or a third party; non-conformity of elements or content provided by the Client; use of the Deliverables in conditions inconsistent with their intended purpose.

All elements created by the Provider in connection with the Service (creative concepts, audiovisual productions, graphic design, edits, mixes) remain the Provider's exclusive intellectual property until full payment of the agreed price.

The transfer of exploitation rights to the Client takes effect automatically upon full and effective receipt of all sums due. This transfer covers the rights of reproduction and representation of the Deliverables, worldwide and for the legal duration of copyright protection, within the scope of use defined in the Quote or in the Online Booking summary.

Any use of the Deliverables exceeding the initially agreed scope of exploitation (media, territories, duration, purpose) must be subject to the Provider's prior written agreement and may give rise to additional remuneration.

The Provider retains the right to cite and reproduce the completed project as a commercial reference and for the promotion of its business (portfolio, website, social media, commercial presentations), unless a confidentiality clause is expressly agreed between the parties in writing before the start of the Service.

Each party undertakes to treat as confidential all technical, commercial, financial or strategic information of which it becomes aware during the performance of the contract, and not to disclose such information to third parties without the prior written consent of the other party.

This confidentiality obligation remains in force throughout the contractual relationship and for a period of two (2) years after its termination, regardless of the cause.

Neither party shall be held liable for the total or partial non-performance of its obligations if such non-performance is caused by an event constituting force majeure within the meaning of Article 1218 of the French Civil Code, including but not limited to: natural disaster, fire, flood, pandemic, epidemic, general strike, interruption of telecommunications or energy supply, governmental or administrative decision rendering the performance of the Service impossible.

The party invoking force majeure must notify the other party as soon as possible in writing, providing all necessary supporting evidence. The parties' obligations are suspended for the duration of the force majeure event. If the event continues beyond thirty (30) days, either party may terminate the contract by operation of law, without indemnity, by written notification to the other party.

Personal data collected within the framework of the commercial relationship is processed by Fantasmagorie Agency, as data controller, in accordance with Regulation (EU) 2016/679 on data protection (GDPR) and French Law No. 78-17 of 6 January 1978 as amended ("Data Protection Act").

The data collected (identity, contact details, billing data) is necessary for booking management, Service performance, invoicing and, subject to the Client's consent, sending commercial communications. It is under no circumstances sold or transmitted to third parties for commercial purposes without the Client's prior express consent.

Data is retained for the duration of the contractual relationship, then for the applicable legal retention period (including accounting and tax obligations).

In accordance with applicable regulations, the Client has the following rights over their personal data: right of access, rectification, erasure, restriction of processing, portability and objection. These rights may be exercised by email at: hello@creativgen.com. In the event of an unresolved complaint, the Client may lodge a complaint with the French Data Protection Authority (CNIL).

In the event of a dispute relating to these T&Cs, the Client is informed that they may use a consumer mediator free of charge under the conditions set out in Articles L. 611-1 et seq. of the French Consumer Code. The Provider will communicate the details of the competent mediator upon simple request sent to hello@creativgen.com.

The Client may also use the European Online Dispute Resolution platform accessible at: https://ec.europa.eu/consumers/odr.

These T&Cs are exclusively governed by French law, both as to substantive and procedural rules.

In the event of a dispute relating to the formation, interpretation, performance or termination of these T&Cs, the parties undertake to seek an amicable solution before any legal proceedings. Failing amicable agreement within thirty (30) days of written notification of the dispute, the matter shall fall under the exclusive jurisdiction of the competent courts of Paris, including in summary proceedings, warranty claims or cases involving multiple defendants.

If any provision of these T&Cs is declared null or unenforceable by virtue of a legal or regulatory provision or a final court decision, it shall be deemed unwritten without affecting the validity of the other provisions, which shall remain in full force and effect.

The Provider's failure to exercise, at any given time, any of the prerogatives afforded to it under these T&Cs shall in no way be construed as a waiver of the right to assert such prerogatives at a later date.

These T&Cs constitute the entire agreement between the parties with respect to their subject matter. They supersede and replace any prior oral or written commitment relating to the same subject matter. The Provider reserves the right to modify these T&Cs at any time; the applicable T&Cs are those in force on the date of the order.

These T&Cs and exchanges between the parties by electronic means (email, online platform) have the same evidentiary value as a written document on paper, in accordance with Articles 1365 et seq. of the French Civil Code.