Terms of Sales
​The purpose of these general conditions of sale is to define the rights and obligations of the parties during all orders placed by a Customer with Morgane Mlynarski (hereinafter referred to as Service Provider, sole proprietorship Morgane Mlynarski whose head office is 24 rue Sarah Bernhardt 31200 TOULOUSE , registered with the URSSAF in Toulouse (31) under the Siret number: 883 184 293 00024) and its customers (hereinafter referred to as the Customer, designating a legal or natural person), the rights and obligations of the parties in the context the sale of services, whatever the means made available to the Customer to place his order (mail, fax, telephone, email, etc.). In the absence of a contract concluded between the Service Provider and its Client, the services provided are subject to the GCS described below. The service includes everything that is explicitly listed in the “Details of the service” field of the quote. As a corollary, it does not understand what is not explained in this same field.
Any order placed as well as any contract concluded with Morgane Mlynarski implies the Customer's full and complete and unreserved acceptance of these GCS. The fact that the Service Provider does not implement one or the other clause established in its favor in these conditions cannot be interpreted as a waiver on its part to avail itself of it.
The Service Provider reserves the right to modify its general conditions of sale, its formulas and its prices at any time and without notice. These changes will have no impact on current orders.
Price et payment
The prices are indicated in euros, excluding taxes (VAT not applicable, art. 293 B of the CGI).
Morgane Mlynarski may grant price reductions. The reductions are mentioned on the estimate or the order form and on the invoice.
The Service Provider will request a deposit of 50% of the total amount when ordering. The work will begin when all the documents (quote and GTC accepted, 50% of the total amount paid being valid for signature and received on Morgane Mlynarski's bank account) and graphic and textual documentary elements necessary for the proper performance of the contract, will be available. of the Provider. In the absence of receipt of the Client's agreement and the deposit, or from the expiry date of the quote, the quote proposal is considered canceled and Morgane Mlynarski reserves the right not to start her service.
Except for an additional payment period agreed by agreement between the two parties and appearing on the invoice, payment is made no later than 30 days following the invoice date (C. Com. art L. 441-6, al. 2 modified by the law of 15 May 2001). Any delay in payment may give rise to late payment penalties payable without reminder, at the rate of 10% of the total invoice per month of delay (Fight against late payment / article 53 of the NRE Law), as well as a fixed compensation for recovery costs in the amount of €40 (C. Com. art. D441-5). Payments by bank transfer. No discount for early payment.
Deposit and order cancellation
In the event of termination of the contract before its term by the Customer, the latter formally undertakes to regularize and remunerate the amounts relating to the current schedule, the posts carried out or in progress, as well as the additional services carried out.
All copyrights remain the exclusive and entire property of Morgane Mlynarski, with the exception of the data provided by the Client. The source files and data created and used by Morgane Mlynarski cannot therefore be claimed by the Client without a financial contribution. The models, and more broadly, all the original works, remain the property of Morgane Mlynarski, as well as the rejected projects. The deposit already paid will remain acquired by Morgane Mlynarski, constituting compensation for the work undertaken.
Delivery
The possible delivery of sources or work files relating to this order will only be made in the event of necessity induced by the strict exploitation of the work provided for in the conditions of transfer or in a subsequent amendment.
Modifications
Any request for modification from the client company on the model(s) indicating an omission, or an error on its part, in the content of the Specifications, or any request from the client company leading to a addition or deletion of data that affects the Specifications and the data specified therein will be considered by both parties as a request for modification of the subject of the order by the client company. There are 3 requests for minor modification(s) included in the indicative price and without new invoicing. Beyond this number, the modifications requested will involve additional invoicing.
Any modification to the subject of the order resulting in adjustments to the work (research, advice, or execution) already carried out by Morgane Mlynarski or inducing additional work for Morgane Mlynarski, will involve additional invoicing to the remuneration provided for by this contract. The sums corresponding to the work already carried out by Morgane Mlynarski are due by the client company and immediately payable.
Charges sociales
The distributors of artistic works must pay a contribution amounting to 1.1% of the artist's remuneration excluding VAT directly to the URSSAF of the artist authors.
Are excluded from this contribution mechanism:
-
natural or legal persons who remunerate a third party and not the artist or his assigns in return for a graphic and plastic work
-
companies residing abroad;
-
individuals who pay remuneration in return for a graphic and plastic work and keep it for their personal use;
-
artists who retrocede fees to a colleague;
-
distributors who contribute on the turnover or on the commission (for their art trade activity exclusively).
​
Assignment conditions
Reproduction and distribution rights are calculated according to the distribution of the creation. They can be ceded as a lump sum or partially. Each different adaptation of the original work subject to a new assignment of copyright. For each new edition, the amount of rights must be updated. The rights are transferred within the temporal and geographical scope of this contract and cannot exceed this limit. To allow the sponsor to freely exploit the service provided within the framework of its activity, all the economic rights relating to the creation of the service provider, under the project will be entirely and exclusively transferred to the sponsor, and this for the distribution on the supports specifically addressed during the order, during the effective payment of all the fees due.
All of the production and related rights, subject of this order, remain the full and exclusive property of Morgane Mlynarski as long as the invoices issued by Morgane Mlynarski are not paid in full by the client company, at
up to the total amount of the order and any amendments concluded during the service. As a corollary, the client company will become the de facto owner of the transferred rights from the final settlement and settlement of all invoices issued by Morgane Mlynarski within the framework of the order.
Ownership of work performed
In accordance with the CPI (articles L.121-1 to L.121-9) will only be transferred to the customer for the work described the economic rights explicitly stated in the conditions of transfer, to the exclusion of any other, and this in the limits also appear there. It is recalled that the moral right of a creation (including the right to respect for the work and the right to respect for the name) remains attached to its author in a perpetual and imprescriptible manner.
Any representation or reproduction in whole or in part made without the consent of the author or his successors in title is unlawful, and punishable according to the laws relating to the offense of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever (Art. L. 122-4 of the CPI).
Publicity right
Morgane Mlynarski reserves the right to mention her creation for the client company as a reference and to quote textual or iconographic extracts from the works concerned within the strict framework of her commercial prospecting, external communication and advertising approaches. Any reservation to Morgane Mlynarski's right to publicity must be notified and negotiated before the quote is signed and mentioned on the invoice.
Responsability
The client company assumes full and entire responsibility for the choices made in terms of textual and iconographic content appearing in the work delivered by Morgane Mlynarski, as well as for the use that will be made of it, and in particular for the compliance of the latter with the regulations in force. vigor. It also ensures that it owns the rights necessary for the exploitation of all the creative textual and iconographic elements provided by it to Morgane Mlynarski as part of its mission, and guarantees Morgane Mlynarski against any third-party complaint relating to the violation of the rights of these elements.