[French Version Here]
The law that applies to my commission is the French law.
Information concerning exploitation rights:
- In accordance with the CPI (French Intellectual Property Code) (art. L.121-1 to L.121-9) :
" ne seront cédés au client pour l’œuvre décrite que les droits patrimoniaux explicitement énoncés dans les conditions de cession, à l'exclusion de tout autre et ce dans les limites y figurant également. Il est rappelé que le droit moral d'une création (comprenant entre autres droit au respect de l’œuvre et droit au respect du nom) reste attaché à son auteur de manière perpétuelle et imprescriptible. Toute représentation ou reproduction intégrale ou partielle faite sans le consentement de l'auteur ou de ses ayants droit est illicite, et punie selon les lois relatives au délit de contrefaçon. Il en est de même pour la traduction, l'adaptation ou la transformation, l'arrangement ou la reproduction par un art ou un procédé quelconque (CPI art.L.122-4)."
- only the economic rights explicitly stated in the conditions of assignment will be transferred to the client for the work described, to the exclusion of all others and within the limits also stated therein. It is recalled that the moral rights of a creation (including among others the right to respect for the work and the right to respect for the name) remain attached to its author in a perpetual and imprescriptible manner. Any representation or reproduction in whole or in part without the consent of the author or his successors in title is unlawful and punishable under the laws relating to the offence of counterfeiting. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever (CPI art.L.122-4).
- The totality of the production and the rights relating thereto, subject of the present order, shall remain the property of Claudia PISTRITTO as long as the invoices issued by Claudia PISTRITTO are not paid in full by the client company or the individual client, up to the total amount of the order and any amendments concluded during the course of the service. As a corollary, the client company or the individual client will become the de facto owner of the rights transferred as of the final and balancing payment of all invoices issued by Claudia PISTRITTO in the context of the order.
- In accordance with the law, any use outside the scope of the initial quote is prohibited, unless expressly authorised in writing by the service provider. This includes commercial use when the transfer is for private use.
- To date, the artist does not accept that his work becomes NFT. The client therefore undertakes not to create or procure NFT derivations of these works as they would be considered stolen. The service provider reserves the right to refuse an order if the aim is to market the work as NFT or to use it for the promotion of the same practice.
Promotion of the creations :
- Unless otherwise agreed in writing, the author may distribute all creations produced, either for the client or for a third party for whom the client works, for the purpose of "presentation of creations" on all types of media without any time limit. Unless otherwise stipulated in writing, or specifically mentioned on the quote and/or the client's invoice, the word "Clapi" is affixed to the paper or digital creations produced (for the web, a link to the http://clapi.art website will be necessary). The title "Design" being linked to the nature of the creations, it may be changed and the appropriate term retained will remain at the author's discretion.
- Unless otherwise agreed in writing, the artist may broadcast the creation process live via online broadcasting services. (for example on Twitch.com ) The artist undertakes not to broadcast in this context any content (references, explanatory text, text to be added to the image, etc.) supplied by the client without the latter's authorisation.
- Any additional work required to complete the service will be charged at €28.75/hour.
- Any delay in the validation of the different stages of the project by the client may result, at the very least, in a delay of the same duration as the delivery of the project. The artist cannot be held to the initial delivery date in this case.
Settlement of disputes
- The contract is subject to French law. In the event of disputes, the parties undertake to do everything possible to settle their differences amicably. In the event that an amicable resolution cannot be reached, the competent jurisdiction will be the Commercial Court of Toulouse (31-Haute-Garonne), even in the event of a guarantee appeal or multiple defendants. All other or contrary conditions of our co-contractors, inserted in their information, letters or invoices, contracts, etc., received or to be received, will be considered as null and void without the need for any protest on our part. GENERAL TERMS AND CONDITIONS OF SALE GTC-EN since 02-2018 to date.
Signature of the quote and right of withdrawal
- The client, after receiving and validating the quote online, undertakes to return a copy of the quote signed at the bottom of the last page. This signature will be accompanied by the date of signature and the mention "Good for Agreement". In order to certify that the client has read the entire quotation, the client will have initialed the bottom of the pages preceding the last one. The signed copy can be returned by post or e-mail.
- The quotation and the GTC (general terms and conditions of sale) signed by the client are valid exclusively together as acceptance of the latter and act as an order form.
- No erasures of this quotation will be accepted without prior discussion.
- Because of the nature of goods made up clearly personalized of the services carried out by the artist, the customer accepts that, by signing the quote provided by the artist, his right of retractation does not apply to it in accordance with article L.221-28 of the code of consumption.
Terms of payment
- Once the quote has been validated, a 50% deposit invoice containing the artist's bank details will be sent to the client.
- Orders under 100€ must be paid in full in advance.
- Payment via paypal is possible on request, a paypal.me link will be provided.
About the quote:
- A quote includes all the services that the service provider undertakes to provide to the Client.
- Any additional service requested by the Client will give rise to the issue of a new quote or amendment.
- An estimate is valid for 30 days from the date of issue.
- Once validated by the Client, a quotation has the value of a contract.
- In the event of a breach of contract at the initiative of the Client, the latter undertakes to pay for the services provided.
- In the event of acceptance of the quotation and then of full or partial withdrawal by the Client, the latter shall pay a share of 20% of the sums corresponding to the services not yet performed.
In accordance with article L 441-6 of the Commercial Code:
- The invoice corresponding to the estimate sent shall be payable within 30 days.
- No discount for early payment.
- Any payment made after the expiry of this period shall give rise, by way of late payment penalty, to the application of interest equal to that applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, as well as a fixed indemnity for collection costs in the amount of 40 Euros.
- The late payment penalties are payable without the need for a reminder.
Translation made with DeepL free translator : https://www.deepl.com/translator