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General Terms and Conditions of Sale

Article 1 – Preamble

Article 1.1. Seller Designation

Antoine Peltier E.I, 29 Hebert Street – 92140 Clamart,

Email: contact@millefeuillemockup.com

Siret: 822 158 945 00011

VAT: FR 35 822158945

Website Address: www.millefeuillemockup.com

Hereinafter referred to as the “Seller”

Article 1.2. Purpose

These general terms and conditions aim to define the rights and obligations of the parties in the context of the Seller’s marketing on the Millefeuille Mockup platform (hereinafter the “Platform”) of presentation tools for Client creations. The Platform is exclusively intended for professionals within the meaning of the Consumer Code (hereinafter referred to as “the Client(s)”). The presentation tools sold on the Platform are ambiance photographs (also known as “Mockups”) with automation, designed to showcase Client creations. The Products are Photoshop files (.psd).

Article 1.3. Definitions

Client: Natural or legal person acting for professional purposes who contracts with the Seller under these general terms and conditions of sale.

Product: ambiance photographs, in Photoshop format, with automation, designed to showcase the Client’s creations.

Online Contract: contract concluded in the context of purchasing service(s) on the Platform.

 

Article 2 – Content and Scope of Application

These general terms and conditions of sale apply automatically to all products sold by the Seller on the Platform.

Any order or purchase implies unconditional acceptance of these general terms and conditions of sale, which prevail over any other conditions, except those expressly accepted by the Seller and stated in the contract.

The Client declares to have read these general terms and conditions and accepted them before making a reservation and concluding the contract.

 

Article 3 – Precontractual Information

The Client acknowledges having received, prior to placing an order and/or concluding the contract, clear and comprehensible information about these general terms and conditions of sale.

The Parties also declare that, prior to these terms, they each requested from the other Party all information of importance to their consent and are satisfied with the responses provided by the other party in accordance with Article 1112-1 of the Civil Code.

 

Article 4 – Price

Article 4.1. Final Price and Additional Taxes

The final price is stated in euros, excluding taxes (HT).

The price includes the selected Photoshop file (.psd), user instructions, and an excerpt from these T&Cs.

If the product is sold as a “package” or “collection”: the price includes the folder with all corresponding Photoshop files (.psd), user instructions, and an excerpt from the T&Cs.

The price also includes the usage license as described on the dedicated license page.

The Seller may offer special offers or promotional codes, which will be subject to eligibility and duration criteria stated in the offer.

Article 4.2. Payment Methods

The Client guarantees the Seller that they have the necessary authorizations to use the chosen payment method when validating the contract. The Seller reserves the right to suspend any reservation management and provision of services in case of payment authorization refusal by officially accredited organizations or in case of non-payment of any amount due under the contract.

Payments made by the Client will be considered final only after effective receipt of the amounts due by the Seller.

Payment is made through the Mollie platform: https://www.mollie.com/fr

 

Article 5 – Reservations and Payment

The full amount of the service must be paid to place an order.

To place an order, the user can create an account by providing the following data: first name, last name, email, company (optional), VAT number (optional). If the Client does not wish to create an account, they provide their email address and billing address. In any case, the user must accept these T&Cs and may choose whether or not to receive newsletters from the Seller.

The Client then proceeds to payment. They receive an email containing the payment confirmation and the download link for the ordered Product in Photoshop format, as well as the corresponding invoice.

It is recommended to have the latest version of Photoshop to use the products.

The Seller reserves the right to take appropriate measures to protect its legitimate interests, including denying the user access to the website if the user engages in or is suspected of engaging in the following activities: violation of laws, regulations, and/or these general terms and conditions of sale; violation of a third party’s rights; significant harm to the Seller’s legitimate interests, unfair competition.

 

Article 6 – Contract Termination

Termination of the contract results in payment of fees equivalent to 100% of the order price, which is non-refundable.

 

Article 7 – Usage License

Purchase of the Product allows the Client to benefit from a non-exclusive usage license. The Client can choose between purchasing a Standard License and a Premium License, both accessible on the license page. The Client expressly agrees to comply with the conditions of the selected license, which is part of these T&Cs; otherwise, they may face legal action.

In the case of a free mockup sale, the included License is a Standard License described on the license page.

 

Article 8 – Non-Competition

The Client undertakes not to reproduce and sell the Services marketed by the Seller and to respect the principles of fair competition.

 

Article 9 – Liability

Unless otherwise stated, the content available on the website is owned or provided by the Seller. The Seller undertakes to do everything possible to ensure that the content provided on this website does not infringe any applicable legal provisions or any third-party rights.

The Seller holds and reserves all intellectual property rights for all Products and content on the Platform.

In particular, the user may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this website or any part thereof without the Seller’s authorization and outside the strict provisions of the selected license included in the price, nor allow a third party to do so through the Client or their device, even without the Client’s knowledge.

To ensure the highest level of service, the Seller may need to interrupt the service to perform maintenance operations, system updates, or any other necessary operations.

Service interruption for reasons external to the Seller (infrastructure failures, power outages) shall not engage the Seller’s liability.

In case of service interruption during Product downloads, the Client is invited to contact the Seller.

In any case, the Seller is only liable for damages suffered by the Client due to the use of the website or the use of products in case of negligence. Liability is in any case limited to compensating for direct damages.

 

Article 10 – Dispute Resolution

These general terms and conditions are subject to the application of French law.

Any dispute arising from this contract, in the absence of an amicable settlement, falls under the jurisdiction of the Commercial Court of Paris.

 

Article 11 – Modification of T&Cs

The Seller may modify these general terms and conditions at any time. In this case, the Client will be informed of these changes in an appropriate manner.

These modifications will only affect the Client’s relationship with the Seller for the future, and the Seller will specify the effective date of the modified T&Cs.

 

Article 12 – Privacy Policy

Article 12.1. Collected Data

In the context of its activity, the Seller implements and operates processing of personal data related to Clients.

As such, the following personal data is collected: first name, last name, company/association name, billing postal address, email address.

Article 12.2. Pursued Purpose

Collecting this personal data is essential for contractual execution, and in case of refusal to provide it, the Client exposes themselves to difficulties in the execution of the sales contract, which cannot result in the Seller’s liability.

This personal data is collected exclusively to ensure the management of the Seller’s clientele within the framework of contract conclusion and execution, based on the Client’s consent. They are only used for the purposes to which the Client has consented.

More specifically, the purposes are as follows:

  • Identification of persons who ordered the Mockups,
  • Formalization of the contractual relationship,
  • Contract management,
  • Commercial communications and prospecting, animation,
  • Sending of the newsletter.

Article 12.3. Authorized Persons Accessing Data

The authorized persons accessing the collected data are as follows: Antoine PELTIER, his subcontractors, partners involved in the project.

Article 12.4. Data Retention

This collected personal data is retained for the duration of the legal retention period related to the processing purpose, and at most for 5 years.

Personal data necessary for sending the newsletter is retained as long as the client does not unsubscribe.

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the internet.

Article 12.5. Rights of the Data Subject

In accordance with applicable regulations on personal data, each user has the right to query, access, modify, object to, and rectify their personal data collection and processing, for legitimate reasons. It is possible to request that this data be rectified, completed, clarified, updated, or deleted.

These rights can be exercised by writing an email to: contact@millefeuillemockup.com

At any time, the client can file a complaint with the CNIL according to the modalities indicated on its website (https://www.cnil/fr).

Article 12.6. Modification of Clause

The Seller reserves the right to make any modification to this clause related to personal data protection at any time. If a modification is made to this personal data protection clause, the Seller commits to publish the new version on its website and will also inform users of the modification by email, at least 15 days before the effective date.

Article 12.7. Opposition to Telephone Solicitation

You have the option to register on the list to oppose telephone solicitation on the following website: http://www.bloctel.gouv.fr/

 

T&Cs Date: September 10, 2022