TERMS of USE & SALE

PREAMBLE

This website is managed by Aurama Studio / Laura Martinet, a French micro-business registered under Siret number 822 967 725 00067. It is hosted by Squarespace, an e-commerce platform that allows us to sell our products and services.

By visiting our website and/or placing an order with us, you agree to be bound by the following terms and conditions. All of our sales and services are automatically and unreservedly subject to these Terms of Use and Sale.

Any novelty added to the website will also be subject to these terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to periodically check this page for such changes. Your continued use of or access to the website after any changes constitutes acceptance of those changes.

ARTICLE 1: OBJECT

These Terms of Use and Sale are intended to establish the contractual relationship between the Studio and its Customers in the context of the provision of services and the sale of goods offered by Aurama Studio.

The terms "we", "us", "our" and "the Studio" refer to Aurama Studio / Laura Martinet.

The terms "Customer" or "Client" refer to any moral or physical person with whom the Studio concludes a Sales Contract, for which the Customer is deemed legally capable of placing an order.

ARTICLE 2: SERVICES & PRODUCTS CHARACTERISTICS

The Studio specializes in the activities of art direction, brand identity, print or digital creation, communication, web design, photography, community management.

The Studio also offers products for sale in digital format, available for download.

ARTICLE 3: PRICE & QUOTE

Our prices are indicated in euros, all taxes included. VAT is not applicable in accordance with article 293 B of the French C.G.I.

The Studio reserves the right to modify its prices at any time. The service or product ordered will be invoiced based on the rate in effect at the time of validation of the order.

The various elements that may be necessary for the fulfillement of the Studio's services and not covered by our offers are not included in the prices indicated. For example: fonts, photographs or illustrations from image banks. If necessary, their cost will be indicated to the Customer and then added to the invoice.

ARTICLE 4: CONDITIONS

The Studio's quotes/contracts are drawn up on the basis of the information provided by the Client. Any change in the request may result in an increase or decrease in prices.

Any additional service requested by the Customer not appearing on the current contract will be the subject of an additional estimate.

The Customer assumes full responsibility for the textual and iconographic content delivered and subsequently appearing in the Studio's productions, as well as for the use that will be made of it. The Client agrees to ensure the accuracy of the information he provides to the Studio and to notify us of any changes to the data provided. The Customer will be solely responsible for any malfunctions that may result from incorrect information.

No liability can be held against the Studio in the event of a delay in the performance of the services due to a fault on the part of the Client, a delay in his returns or a change in data resulting in the modification of the work carried out.

The Studio reserves the right to refuse a service for any legitimate reason, in particular the existence of an unresolved dispute resulting from the non-payment of a previous service.

ARTICLE 5: PLANNING & AVAILABILITY

A work schedule will be established after signature of the contract, for an optimal progress of the project. A delay on the part of the Client on the deadlines announced for making their returns will lead to a delay in the project and new delivery dates will be determined according to our availability.

The studio is not available on weekends & holidays. Emails will be checked on weekdays, between 10 a.m. and 6 p.m.

ARTICLE 6: EXECUTION OF THE CONTRACT

6-1: Launch

The project will begin on the date indicated on the schedule, after reception of the signed contract/quote, a deposit of 30% of the total price of the services to be provided as well as all the textual and iconographic elements necessary for the proper performance of the contract.

6-2: Revisions

The number of requests for revisions of the visuals created by the Studio available to the Client is indicated on the contract for each stage of creation.

Revisions consist of minor alterations, such as a change in color, typography, addition or removal of secondary elements.
A major change request such as the modification of the entire design or the request to add a major element not initially discussed will constitute an additional cost; following a common agreement on the number of hours required, an hourly rate of €60 will be charged.

The modifications, additions or removal of data requested by the customer and resulting of an omission or an error on his part - inducing additional work - will be invoiced in addition to the initial estimate.

6-3: Visualization

As the means of viewing the visuals before they are printed are numerous and do not meet the same standards, the Studio cannot be held responsible for any differences between a screen view and the final result of the products. The reproduction of colors cannot be guaranteed to be identical between the computer tool and the production line of the printing service providers.

6-4: Confidentiality

In the event of access to information that the Client does not wish to disclose before the official launch of his project, the Studio agrees to wait to make the achievements public.

The studio also commits to keep strictly confidential all information and documents relating to the Client to which it may have had access in the context of the execution of the contract.

ARTICLE 7: RESPONSABILIY & FORCE MAJEURE

In accordance with article 1147 of the Civil Code, the Studio engages its full contractual liability towards the Client in the event of non-performance or poor performance of the contract concluded.

However, our contractual liability cannot be engaged in the event of force majeure; irresistible, unforeseeable facts or circumstances beyond our control. The blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shortages, war, health crisis, shutdown of telecommunication networks and in particular all networks accessible by Internet are considered as cases of force majeure. The party affected by the force majeure shall notify the other within five (5) working days following the date on which it becomes aware of it. The Studio and the Client will then agree on the conditions under which the execution of the contract will be continued.

ARTICLE 8: INCAPACITY OF WORK

In the event of incapacity of work as a result of illness or accident, we reserve the right to modify the current schedule without the Customer being able to demand payment of compensation. The Studio will notify the Client on the first working day of his incapacity.

ARTICLE 9: SUBCONTRACTING

The Studio reserves the right to use subcontracting companies or freelance, in accordance with the law of December 31, 1975 relating to subcontracting. The Studio guarantees the Client that the companies involved in this subcontracting hold all the necessary qualifications and that they operate according to the rules of the Art.

ARTICLE 10: PAYMENT

10-1: Services

Payment is made by bank transfer no later than 30 days after the invoice date. Beyond that, any delay in payment may result in penalties, at the rate of 10% of the total invoice per month of delay. This penalty is calculated on the remaining due amount, and runs from the due date of the invoice without any prior formal notice being necessary.

The Studio's banking information is communicated to the Client on the invoice.

In the event of exceptional cancellation of the project, the invoice issued will be calculated in proportion to the work that has already been done.

These Conditions of Use and Sale do not include the delivery of the native files of the various creations to the Client. The natives may be transferred and will be the subject of an additional invoice at the rate of 10% of the total of the estimate.

10-2: Online store

Payment is made by credit card through Stripe, a professional in online payment management. The Studio therefore does not have any access to the Customer's bank details.

Stripe is PCI level 1 certified - the highest level of security - and protects credit card data against theft and fraudulent use.

ARTICLE 11: DELIVERY

The achievements made for the Client remain the property of the Studio as long as the invoices issued are not paid in full. Files will be provided after receipt of final payment.

Unless otherwise stated in the contract, native files remain the property of the Studio. Only the finished product will be sent to the Customer. The Studio is not obliged to provide the Client with the source files but only the result of its work in a form that can be used by professionals in the sector concerned.

ARTICLE 12: WITHDRAWAL & REFUNDS

In accordance with the law, the right of withdrawal does not apply to contracts for the supply of digital content (not provided on a material medium) the execution of which begins after the consumer's prior agreement and renunciation of his right of withdrawal.

No refund will therefore be possible for digital products that can be downloaded upon purchase.

ARTICLE 13: COMPLAINTS

Any complaints must be addressed by email to: hello@auramastudio.com

ARTICLE 14: INTELLECTUAL PROPERTY

The name “Aurama Studio” as well as all visuals, illustrations, logotypes, creations, templates and texts appearing on the Studio’s websites and documents, whether registered or not, remain the exclusive property of Laura Martinet.

Any total or partial reproduction, modification, distribution or resale of the content of this website for any reason and on any medium whatsoever, without the express prior consent of the Studio, is strictly prohibited.

ARTICLE 15 – ASSIGNMENT OF RIGHTS

Rights of reproduction and distribution will be transferred to the Client according to the conditions set out in the contract. They will be calculated according to a time and geographical perimeter, for a distribution on medias specifically addressed when ordering and cannot exceed these limits.

The achievements made within the framework of the project remain the property of the Studio as long as the invoices issued are not paid in full.

The moral right of a creation (including the right of respect of the work and the right of respect of the creator’s name) nevertheless remains perpetually attached to its author. Any alteration or transformation of the visuals created and delivered without the consent of the Studio is prohibited. Any representation or reproduction in whole or in part made without the consent of the author 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).

The Studio reserves the right to mention and publish its achievements for the Client as part of its external communication and advertising initiatives, on its website and on its social networks.

ARTICLE 16 - MISCELLANEOUS

In the event that one or more clauses of the Conditions of Use and Sale are invalid, they will not affect the legitimacy of the other clauses which will remain valid.

ARTICLE 17: DATA PROTECTION

The Studio agrees to strictly comply with General Data Protection Regulations (GDPR).

In order to ensure its contractual commitments towards its Clients, the Studio collects the data necessary for the implementation of its services, in particular when the Customer or any interested person makes a request for information on this website.

Some information relating to the Customer will be transmitted to us (in particular the surname, first name, address, email) in order to allow the processing of orders and the editing of invoices. This information will never be transmitted to third parties.

ARTICLE 18: DISPUTE

Any dispute relating to the application or interpretation of these Terms of Use and Sale will be exclusively governed by French law.