TERMS AND CONDITIONS OF SALES

Object

The General Terms and Conditions of Sale and Use described below, hereinafter referred to as “the GTC”, are concluded between the company TVPaint Développement, a Limited Liability Company with a capital of 41,500 euros, whose head office is located at 45 Sente à My, 57000 Metz, FRANCE, registered in the Moselle Trade and Companies Register under the number 413 299 074, hereinafter referred to as “TVPAINT”, and any natural person or legal entity, private individual or professional, wishing to make a purchase via the TVPAINT Website (www.tvpaint.fr) or using any of the functionalities of this Website, hereinafter referred to as “the Customer”.

ARTICLE 1 – SCOPE OF APPLICATION

These GTC apply to the contractual relations between TVPAINT and the Customer. The fact of placing an order for a Software application or a Service offered by TVPAINT implies the Customer’s full and unconditional acceptance of these GTC.

No particular condition can prevail against the GTC unless it has been formally accepted in writing by TVPAINT. Therefore, in the absence of express acceptance, any contrary condition established by the Customer will be unenforceable against TVPAINT, whatever the time when TVPAINT is informed of it.

The fact that TVPAINT does not avail itself of any of these GTC at a given time cannot be construed subsequently as a waiver of any of the said conditions. Likewise, the nullity of any of the clauses of these GTC will not affect the validity of the other clauses.

Moreover, TVPAINT reserves the right to perform any modifications or improvements of these GTC and of any Software or Service it deems necessary, at any time and without prior notice, without the Customer being entitled to invoke any damages.

ARTICLE 2 – DEFINITIONS

TVPAINT: designates the company TVPAINT, a Limited Liability Company with a capital of 41,500 €, registered in the Metz Trade and Companies Register under the number 413 299 074, whose head office is located at 45 Sente à My, 57000 Metz, FRANCE.

Customer: designates the legal entity or natural person, professional or private individual, in a contractual relationship with TVPAINT for the use of the Website or for an order for software or training.

GTC: designates these general terms and conditions, which can be completed by particular conditions whenever necessary.

Parties: designates the Customer and TVPAINT, bound together by these terms and conditions.

Service(s): designates the services offered by TVPAINT to the Customer, subject to these GTC, and in particular invoiced training services and/or dissemination of training resources.

Software: designates the software sold by TVPAINT on its Website and in particular the software application TVPaint Animation.

Website: refers to the internet site https://www.tvpaint.com/

ARTICLE 3 – CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED 

The Software applications and Services offered are those that appear in the catalog published on the TVPAINT website.

These Software applications and Services are proposed within the limits of TVPAINT’s available stock and capacities.

Each Software application and Service is accompanied by a description available on the Website. The photographs on the Website are as accurate as possible but cannot ensure an exact correspondence to the Software presented, especially regarding colors.

ARTICLE 4 – ORDERS

The Customer who orders Software or a Service must:

– Fill in the identification form with all the requested information;
– Fill in the online order form indicating all the references of the chosen Software or Services;
– Validate the order after having checked it;
– Make the payment under the conditions proposed;
– Confirm the order and its payment.

The order confirmation implies that the Customer accepts these GTC, has full knowledge of them, and waives the right to invoke his own purchasing conditions or other conditions.

All of the data provided and the recorded confirmation will represent proof of the transaction. The confirmation will be considered as a signature and the acceptance of the operations carried out.

TVPAINT will communicate the tracking number, if one exists, by email.

ARTICLE 5. RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L 221-28, 9° of the French Consumer Code, when the Software is delivered on a physical medium, the consumer-Customer – as defined in the introductory article of the French Consumer Code – accepts at the time of conclusion of the contract that the withdrawal period ends 14 days after delivery of the Software or upon activation of the Software user license, whichever comes first.

In accordance with the provisions of Article L 221-28, 13° of the French Consumer Code, in the case of a dematerialized license, as soon as the Software user license has been activated by the consumer-Customer via the license registration, the consumer-Customer – as defined in the introductory article of the French Consumer Code – consents to the immediate execution of the Software license contract and expressly waives his right of withdrawal.

In addition, the payment of any Training cancelled by the Customer less than 48 hours before the scheduled date is due.

ARTICLE 6. PRICES AND PAYMENT TERMS

6.1 PRICES

The prices of the Software and Services are on principle indicated in euros excluding VAT and failing that in euros including VAT when necessary, taking into account the VAT applicable on the date of the order. Any change in the VAT rate may be factored into the price of the Software or the Services.

TVPAINT reserves the right to modify its prices at any time. However, it is understood that the price appearing in the catalog on the date of the order will be the only price applicable to the Customer.

6.2 PAYMENT TERMS

The price is payable at the time of the order.

Payments will be made using the following means:

– The secure PayPal system, which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can access it during its transmission on the network.

– A secure online payment system provided by the Crédit Mutuel bank, which uses an SSL (Secure Socket Layer) encrypted link, under the PCI-DSS Data Security Standard with a Customer authentication control during payment by bank card so that the transmitted information is encrypted by software and no third party can access it during its transmission on the network.

ARTICLE 7. DELIVERIES

The Software is delivered to the Customer via a download. Upon Customer request, the Software ordered can also be delivered on a physical medium.

The deliveries are made to the address indicated on the order form.

TVPAINT reserves the right to refuse a delivery, depending on the geographical area of the delivery.

The Customer is responsible for all risks from the moment the Software has left the premises of TVPAINT. In the event of damage during transport, a supported claim must be communicated to the carrier within three days of delivery receipt.

Delivery times are given as an indication only.

Shipping costs do not include the taxes, brokerage fees or customs duties that may be required or in force in the destination country. A Customer who requests a physical shipment to any country whatsoever is responsible for all VAT and all brokerage fees that may be required at the time of delivery.

ARTICLE 8. TERMINATION

The Software user license may be rightfully terminated by TVPAINT with no formalities if the Customer fails to fulfil any of his obligations under the provisions of these GTC, and in particular in the case of non-payment due to a dispute with PayPal.

The contracts related to the Services may be terminated in advance at the initiative of TVPAINT in the event of force majeure.

ARTICLE 9. LIABILITY

TVPAINT is expressly bound by an obligation of means under these terms and conditions.

TVPAINT cannot be held liable during the execution of the Services if the following occur:

– A Customer fault, negligence, omission or failure;
– Incorrect use of hardware or the Software, insufficient training of personnel, non-compliance with advice and instructions given, etc.;
– Force majeure, events or incidents beyond TVPAINT’s control such as strikes, social unrest, etc.;
– A fault, negligence or omission of a third party over whom TVPAINT has no control or supervisory authority;
– Indirect damages such as commercial prejudice, or a loss of clientele or brand image suffered by the Customer;

Moreover, TVPAINT cannot be held liable for any damages resulting from the use of the Internet, such as loss of data, intrusions, viruses, service interruption, or any other involuntary problem.

ARTICLE 10. INTELLECTUAL PROPERTY

The Website and its contents are the exclusive property of TVPAINT, who therefore holds all intellectual property rights related to them. Consequently, these contents cannot be modified, copied, distributed, reproduced, downloaded, displayed, published, transmitted or sold in any form or by any means whatsoever, in whole or in part, without the prior written consent of TVPAINT.

All trademarks and copyrights attached to the Services, Software, databases and intellectual creations, whatever their form, supplied or accessible via the Website, as well as all the other intellectual property rights related to TVPAINT, the Software and the Services remain the exclusive property of TVPAINT.

If, within the framework of these GTC, the Customer perpetrates acts likely to infringe upon the rights of TVPAINT, the latter reserves the possibility to take all the appropriate measures to put a stop to these acts.

In accordance with the provisions of articles L 335-2 et seq of the French Intellectual Property Code, any counterfeiter who publishes, makes available to the public or communicates to the public, knowingly and in any form whatsoever, a software application without the consent of the rights holder is subject to a three-year prison sentence and a 300,000 euro fine.

If the Customer witnesses a violation of the above-mentioned rights, he agrees to inform TVPAINT immediately and to provide assistance to ensure that the said rights are respected.

ARTICLE 11. PERSONAL DATA

11.1 DATA COLLECTION

Within the framework of the contractual relationship governed by these GTC, the Customer expressly authorizes TVPAINT to conduct personal data processing as indicated below.

TVPAINT will be the sole recipient of the personal information collected.

TVPAINT is solely responsible for the processing, and can be contacted by email at the following address: tvpaint@tvpaint.fr

The personal data collected within the framework of these terms and conditions includes the following:

Name
First name
Telephone number
E-mail address
Postal address
Bank details
Student number
Diplomas; level of education

In addition, TVPAINT automatically collects certain elements of technical information concerning the computer or mobile device used, such as the IP address, type of browser, landing/exit pages, files consulted on the Website, operating system, and the date/time and/or data of the navigation path.

11.2 USE OF THE DATA

The sole purpose of the processing to which the Customer consents is to enable TVPAINT to operate the Website and to provide the Software or the Service to Customers. TVPAINT retains this data to guarantee the use of the Software to its Customers, especially in the event of a loss of access to the Software.

Furthermore, TVPAINT may disclose personal data when it is necessary for the identification, apprehension or legal prosecution of any individual likely to be prejudicial to or infringe upon (intentionally or unintentionally) the rights or property of TVPAINT or any other person likely to be penalized by such acts.

In all cases, TVPAINT agrees to process only the personal data that is appropriate and required for the purposes mentioned above and to refrain from communicating such data to third parties for reasons unrelated to these purposes.

11.3 DATA RETENTION

The data collected will be retained for the entire duration of the contractual relationship between the Customer and TVPAINT, and for one year after the termination of this relationship.

Upon expiry of this period, the data collected will be automatically destroyed.

11.4 CONFIDENTIALITY

The data communicated by the Customer is not visible to other Customers.

TVPAINT undertakes to do its utmost to implement the appropriate technical and organizational measures to protect all personal data.

The Customer is hereby informed that the personal data collected by TVPAINT is not transferred outside of the European Union.

11.5 RIGHT OF ACCESS AND CORRECTION

In accordance with the French Data Protection Act and the European General Data Protection Regulation, each Customer has the right to access, correct, oppose and remove his personal data. The Customer may therefore demand that any information concerning him that is inaccurate, incomplete, ambiguous or outdated be corrected, completed, clarified, updated or deleted. The Customer may also request a limitation on the processing of the data he communicates.

To exercise these modification rights, the Customer may send a request to this effect to TVPAINT, at any time, via tvpaint@tvpaint.fr

Otherwise, the Customer is entitled to lodge a complaint with a supervisory authority:

CNIL
3 Place de Fontenoy – TSA 80175 75334 PARIS CEDEX 07, FRANCE
Or at https://www.cnil.fr/fr

11.6 SECURITY

The personal information processed is retained in a secure environment. To guarantee this data security, TVPAINT uses the following measures:

https protocol; SSL protocol; PCI-DSS standard; SET protocol; computer backup; network monitoring software; access management.

ARTICLE 12. FORCE MAJEURE

The Parties are automatically released from their obligations in the event of force majeure as defined by French case law, or more generally of fortuitous events beyond their control making it impossible to continue the contractual relationship.

The Party concerned by the force majeure will inform the other Party without delay.

In the event of force majeure extending beyond thirty days, each Party will have the option of terminating the contract in a registered letter with acknowledgement of receipt notified to the other Party.

ARTICLE 13. APPLICABLE LAW – JURISDICTION

These GTC are subject to French law.

If the Customer is a professional, any dispute arising from the interpretation or execution of these GTC which cannot be solved amicably between the Parties will be brought before the competent courts in the jurisdiction of the head office of TVPAINT, unless TVPAINT decides otherwise.

In the event of a dispute with a private Customer, the legal rules of subject-matter and geographical jurisdiction will apply.