Terms of use

TERMS AND CONDITIONS OF USE AND SALE 

Preamble

www.seasonstudio.fr is a site proposed by SEASON STUDIO, represented by SEASON SAS, with registered office at 28 rue Kléber 93100 Montreuil, 824938062 R.C.S. Bobigny, TVA Intracommunautaire FR42 824 938 062, and by Julie Costaz and Mélissa Le vaguerèse, respectively whose registered offices are located respectively at 44 rue Anne Frank 93100 Montreuil, SIRET 52205960900019, TVA Intracommunautaire FR58 522 059 609 and 81 rue Condorcet 93100 Montreuil, SIRET 537 956 955 00018, TVA Intracommunautaire FR09 537956955 and hereinafter referred to as the Authors.

SEASON STUDIO offers on its website www.seasonstudio.frhereinafter referred to as the Site, a Platform allowing customers, hereinafter referred to as the Customers, after registration, to consult a catalogue of unique graphic creations, designs and illustrations from SEASON STUDIO, in order to purchase graphic creations in the form of dematerialized products, hereinafter referred to as the Designs offered at a firm price, hereinafter referred to as the Service.

In order to use the Service, the Customer must agree to abide by these General Terms and Conditions of Sale, hereinafter referred to as the GTC without restriction or reservation.

1. Subject

These GTC apply to all sales of Designs made through the Service between SEASON STUDIO, the Authors and the Customer.

2. Description of the Service

The Service consists of a set of tools allowing Customers to register on the Site, to consult and purchase Designs.

In case of non-compliance with these GTC, SEASON STUDIO reserves the right to interrupt temporarily or permanently the access to the Service to the Customer concerned.

Each Customer undertakes to conclude purchases in good faith.

3. Access to the service

Access to the Service by Customers is reserved for use in a professional context. When using the Service, the Customer declares that he is acting in the capacity of the company to which he is subordinate. When registering, the Customer must imperatively inform the Sector of activity of the company to which he is subordinated.

In addition to accepting these GTC, access to the Service is subject to the opening of an account on the Site. To do so, the Customer must provide the data allowing his identification. When opening this account, the Customer undertakes to provide accurate information and to inform SEASON STUDIO without delay of any change affecting them, by e-mail to contact@seasonstudio.fr.

The Customer agrees to keep them confidential and not to disclose them to any third party. The Customer will be solely responsible for access to the Service using his login and password, unless there is evidence of fraudulent use that is not attributable to him.

In case of loss, misuse or fraudulent use of his login and/or password, the Customer agrees to immediately notify SEASON STUDIO.

4. Price of the service

The opening of an account and the use of the Service are free of charge (excluding possible connection costs, the price of which depends on your electronic communication operator).

5. personal data

The information and data concerning the Customer are processed solely by SEASON STUDIO, they are necessary for the management of your account and your access to the Service.

6. Intellectual Property 6
.1 General

All the elements present on the site and the site itself are protected by copyright, trademark, design and model law and/or any other intellectual property right. By elements, we understand in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software...These elements belong to SEASON STUDIO or are used with the agreement of their owners.

As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or integral by any process and on any support whatsoever (paper, digital ...) are prohibited without the prior written permission of SEASON STUDIO, with the exception of the exceptions referred to in Article L 122.5 of the Intellectual Property Code, under penalty of constituting an offence of copyright and/or design and/or trademark infringement, punishable by two years imprisonment and a fine of 152,449.02€.

6.2 Protection of Works in the catalogue

SEASON STUDIO through its Website offers registered Customers the exclusive right to consult its catalogue of Designs. The Designs offered for sale on the Website constitute unique and original Works protected by copyright and intellectual property. SEASON STUDIO is particularly vigilant in respecting these rights as well as the confidentiality required from its Customers.

As a Customer registered on the site, you agree not to disclose in any way whatsoever all or part of the catalog and the Designs presented on the Site, nor to attempt in any way whatsoever to use our Designs and illustrative visuals for any purpose whatsoever, namely, copy, counterfeit, present, reproduce, modify, promote, adapt ... our visuals, content and Designs under penalty of prosecution.

7. Conclusion of the sales contract

7.1 The Designs are presented on the Site with a description enabling the Customer to know their essential characteristics and their price.

7.2 The Customer adds to basket the Design(s) he wishes to purchase.

The Customer has the possibility of selecting one or more Designs from a Wishlist. This selection in no way constitutes a reservation of the Drawing(s). If one or more of these Designs are purchased by another Client, this or these are no longer available for sale and disappear permanently from the catalogue and the Wishlist.

7.3 He validates his order and takes cognizance of and accepts these GTC at the time of validation of the order

. 7.4 The Customer receives an email confirming the registration of his order.

7.5 SEASON STUDIO is informed that one or more of the Designs he has put online has been ordered.

7.6 The offers of Designs are valid as long as they are visible on the Site. The Designs appearing in the Site's catalogue each constitute a unique Work, which may only be sold once.

Similarly, in the particular case where the same Design is the subject of an order by several Customers at the same time, it shall only be sold to the first Customer who registers his order. The other Customers will then be informed of the cancellation of their order.

7.7 Once the order is validated by the Customer, an email is sent to him to confirm and summarize his order and a second email with invoice is sent to him by the Author concerned.

7.8 The Author undertakes to transfer the reproduction and distribution rights relating to the License(s) purchased by the Customer, as soon as the payment is made by the Customer.

7.9 Once the invoice has been paid by bank transfer by the Customer, the digital files of said Designs are sent by the Author to the Customer via a download link sent by email.

8. Price and paymentThe
purchase price of the Drawing is set by SEASON STUDIO according to its reference grid defined in article 9. Prices are quoted in euros excluding VAT on the description sheet.

As a reminder, the fact that the Customer validates his order implies the obligation at his expense to pay the price indicated.

The payment of purchases made is made by bank transfer to the bank account of the Author concerned, the banking information of the Author appearing on the invoice.

9. Rates and Licenses

9.1 The prices of each Design are set by SEASON STUDIO according to the Sector of activity and the Operating License filled in by the Customer when creating his account. SEASON STUDIO reserves the right to verify the accuracy of the information given by the Customer so that the Business License corresponds to the Sector of activity of the company to which the Customer is subordinated.

Once logged into his account, the Customer will only see displayed the tariff applying to the Sector of activity of the company to which he is subordinated. The purchase of the License is therefore intrinsic to the purchase of the Design.

9.2 The price list defines a fixed price for the use of the Design in a given sector and on defined media. It is available in the FAQ.

The prices are subject to change according to the evolution of the market, and can therefore be modified at any time by SEASON STUDIO.

9.3 The purchase of a License grants the Customer exclusive distribution and reproduction rights for a period of 1 to 2 years depending on the License and for the following media:

License 1. Fashion, Accessories and Fabric Editing: Supports relating to clothing and fashion accessories: clothing, footwear, fashion accessories and leather goods.

License 2. Objects, Stationery and Tableware: Supports relating to the following objects and non-textile: Decorative objects, lamps, small household appliances, cutlery, plates, glasses, utensils, small furniture, stationery and cartery.

License 3. Packaging and Communication: Communication supports and commercial supports outside of textiles such as: packaging, window dressing, point-of-sale advertising, posters, business cards, correspondence, letterheads, material and digital promotional visuals.

License 4. Furniture and Bed Linen: The following textile supports: Bed linen, table linen, curtains, towels and upholstery.

License 5. Wall, floor and industrial coverings: Carpets, floor and wall coverings, industrial design and architectural coverings.

A single Customer may purchase several Licenses of the same Design depending on the use he wishes to make of it.

10. Exclusive

The purchase of any of the Licenses of a Design freezes the sale of the other Licenses of the Design to any other Customer for the duration of the current License.

At the end of the term of the License, the Product may be put back online with all its licenses again available for purchase. If the Customer wishes to extend his license or licenses, he may do so, under the provisions of the transfer of rights contract by signing a new contract with the Author.

11. Right of Withdrawal

The validation of the order of the Drawing as well as the sending of the corresponding invoice by the Author of the Drawing implies the end of the right of retraction and also corresponds to the unsealing of the Product.

12. Disputes - Disputes

At any time, the Customer may contact SEASON STUDIO and address any request or complaint relating to the Drawings using the messaging tool provided as part of the Service, but also by email: contact@seasonstudio.fr and by post: SEASON SAS 28 rue Kléber 93100 Montreuil.

Disputes are settled directly between the Customer and SEASON STUDIO. The Customer and SEASON STUDIO will make their best efforts to reach an amicable settlement.

13. Liability

The responsibility of SEASON STUDIO towards the Customer can only be engaged for facts which would be directly attributable to him and which would cause him a prejudice directly related to these facts. It cannot be held liable for indirect damages. SEASON STUDIO cannot be held liable for the misuse of the Service by the Customer or for any fault on its part. Nor can it be held liable for facts attributable to a third party to the Service.

In addition, in accordance with article 6-I, 2 and 3 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, SEASON STUDIO cannot be held liable for the contents made available on the Site by the Customers, in particular concerning the description of the Designs, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided by this law.

The Customer is solely responsible for the use he makes of the Service, he undertakes to indemnify and compensate SEASON STUDIO for any damage, loss, loss of profit, that SEASON STUDIO could suffer if its responsibility was engaged by a third party, because of an action related to this use of the Service by the Customer.

14. Partial nullity

If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

15. Applicable law and handling of claims under the Service

These terms and conditions are governed by French law. Any dispute relating to their interpretation and/or performance shall be subject to the jurisdiction of the registered office of SEASON SAS.

For any claim relating to the Service, please contact us by email: contact@seasonstudio.fr or by post: SEASON SAS 28 rue Kléber 93100 Montreuil.

 -

LEGAL NOTICES

The website www.seasonstudio.fr is published and distributed by the company SEASON SAS with a capital of 5000 €.

Registered office: 28 rue Kléber 93100 Montreuil

Siren number: 824 938 062

Siret : 824 938 062 00018

Intra-community VAT number: FR42 824 938 062

Director of publication: Julie Costaz

contact@seasonstudio.fr

Tel : +33 (0) 6 71 26 50 21

SITE DESIGN

LoMa agency, 24 place Jules Ferry 92120 Montrouge
www.loma.agency

HOSTING PROVIDER

Shopify