TERMS AND CONDITIONS
Effective 06/04/2024
ARTICLE 1 - GENERAL INFORMATION
The present general conditions of sale concern the contractual relations between Loïc Navarro EI called “Loïc Navarro Filmmaker” represented by Mr. Navarro Loïc and the CLIENT.
Any order from the CLIENT, who may be a natural or legal person, professional or private individual, implies full and unreserved acceptance of these general terms and conditions of sale, which Loïc Navarro EI reserves the right to modify at any time. Loïc Navarro EI reserves the right to refuse to carry out any service on films containing scenes or representations that are violent and/or shocking in any way whatsoever. In the event that the videos cannot be used, they will be returned carriage forward with no viewing fees. Should any of these terms and conditions of sale prove to be invalid under applicable law, it shall be deemed unwritten, but this shall not invalidate the other conditions. Loïc Navarro EI makes a point of modifying these terms and conditions at any time, in the event of modification made necessary by a legal text, technological evolution or when it would be necessary to integrate new services for its customers.
ARTICLE 2 - SERVICES
Loïc Navarro provides its customers with film production services (corporate, institutional, reportage, advertising clips, weddings, christenings, etc.), video shoots, photo shoots, as well as post-production and aerial drone shooting services.
ARTICLE 3 - COMMITMENT
Loïc Navarro undertakes to perform the service in accordance with the summary detailed in the quotation and any appendices forming an integral part thereof, subject to technical and/or physical impossibility (weather, health, accident, etc...).
In the case of a film requiring one or more pieces of music for editing, and with the exception of wedding films, Loïc Navarro undertakes to propose several pieces of music to the CLIENT prior to the start of editing. The CLIENT must then give Loïc Navarro oral or written feedback, in order to choose one of the proposed tunes or request three new ones. In the latter case, the final choice of music will be the subject of a written document which must be returned to Loïc Navarro by post or e-mail within a maximum of 7 days from the day after the three new proposals are sent to the CLIENT. Failing this, and without a return from the CLIENT within the time limit, the music chosen arbitrarily by Loïc Navarro will be considered definitive, without prior notice, and Loïc Navarro will proceed with the editing of the film. The proposed music may be free of copyright or require the purchase of a license, and therefore a fee. In the latter case, the purchase price of the license(s) will be added to the total price of the service, plus taxes. Any request to change the music chosen prior to editing during the editing process will be subject to additional invoicing calculated according to the number of half-days of editing work required, as estimated by Loïc Navarro and him alone, on the basis of the following rate: €400 for half a day's work.
Unless otherwise specified on the quote signed by both parties, and with the exception of wedding films, Loïc Navarro undertakes, for any service including editing of shots taken by Loïc Navarro or by a third party, to provide the CLIENT, before the final version of the film, with a first version of the editing by sending a private viewing link by email. The CLIENT must then give Loïc Navarro oral or written feedback to accept this version or request editing modifications. Any request for modification will be the subject of a written document which must be returned to Loïc Navarro EI by post or email within a maximum period of 14 days from the day following the dispatch to the CLIENT of the first version (of the viewing link). Failing this, and without any return from the CLIENT within the allotted time, this first version of the editing will be considered definitive, without prior notice, and Loïc Navarro may proceed with final delivery. This maximum period of 14 days applies to each successive version of the assembly. Any request for modification of the final version will be subject to additional invoicing calculated according to the number of half-days of work required, as estimated by Loïc Navarro and him alone, on the basis of the following rate: 400€ for one half-day of work.
Unless otherwise specified on the terms of payment in the quotation, Loïc Navarro EI undertakes to send the balance invoice as soon as the finished product has been accepted and within a maximum of 2 working days. On receipt of payment of the balance, Loïc Navarro EI undertakes to make the final delivery within a maximum of 5 working days.
The order is definitively accepted on receipt of the quotation bearing the words “Good for agreement”, the date and the signature of both parties, accompanied by the first deposit if requested. The CLIENT is then bound to Loïc Navarro EI, but has the legal right of withdrawal. They also have the right to access and rectify their personal data at any time.
If Loïc Navarro EI is unable to provide the service, the down-payments will be returned to the CLIENT in full and no penalty may be claimed by the CLIENT.
ARTICLE 4 - PRICES
In return for the service ordered, Loïc Navarro EI will receive the price mentioned on the quotation or invoice. Unless otherwise specified on the quotation, the deadlines for all audiovisual services are as follows:
- On signing the quotation: 40%.
- Before delivery of the finished product: the balance.
Any cost overruns resulting from changes to the project or to the initial schedule requested by the client will be charged to the client.
In the event of force majeure (storm, fire, strike, accident...) making it impossible to complete the production of the film, the sums already paid to Loïc Navarro EI will not be reimbursed.
As Loïc Navarro EI is not subject to VAT, prices are given net of tax. (TVA non applicable, article 293 B du CGI). All prices include VAT. DVD/Blu-Ray and/or USB Key packaging is adapted and included in the sale price.
For round-trip travel, each kilometer is billed at 0.61 euros, excluding tolls, accommodation and catering. Depending on the location and shooting schedule, meals and/or accommodation may be charged. Typical charges are: 20 euros/meal and 100 euros/night. Delivery charges, including VAT, are also added to the price. Prices shown on the site are subject to change without notice.
For Wedding Films, the duration of Loïc Navarro EI's presence and that of any second cameraman(s) depends on the package chosen by the CLIENT. For the “Short film” package, Loïc Navarro EI's presence on site is 5h00 maximum. For the “Medium-length film” option, Loïc Navarro EI's presence is 8h00 maximum. For the “Feature film” option, Loïc Navarro EI's presence is 12h00 maximum. Overtime of 30 minutes or more is billed at 150€ per hour (with or without second framers).
Concerning Loïc Navarro EI's catering on the wedding day, the dinner meal is, unless otherwise specified on the quote, paid for by the CLIENT and must therefore be planned in advance (with the caterer in charge of the guests' dinner, if applicable).
ARTICLE 5 - PAYMENT TERMS
Payment for products ordered must be made by bank transfer or in cash. Penalty rate payable from the day following the due date in the event of non-payment: 10.86%. No discount for early payment.
Unless otherwise specified on the quotation, the CLIENT undertakes to pay the balance of the service before final delivery, on receipt of the balance invoice. Receipt of the total payment specified in the quotation triggers final delivery.
Default of payment and penalties for late payment by the CLIENT :
In the event of total or partial non-payment of the Services delivered on the date of receipt, any sum not paid on its due date will automatically generate a late payment penalty of 3 times the legal interest rate for the current year (Law 2008-776 of August 04, 2008) as well as a flat-rate indemnity of forty euros (€40) for collection costs (Decree 2012-1115 of October 02, 2012) on proof, when the collection costs incurred exceed the amount of the flat-rate indemnity.
The legal interest rate is that in force on the day of delivery of the goods or service.
This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.
In the event that Loïc Navarro EI needs to call on a third party to recover a debt, collection costs will be charged to the defaulting party.
An additional indemnity may be claimed (the penalty clause provides for costs of the order of fifteen percent (15%) of the amount inclusive of tax of the claim, with a fixed minimum of three hundred euros (€300) per claim).
ARTICLE 6 - DELIVERY AND DELIVERY TIME
Deliveries are made at the CLIENT's risk. Delivery will be made to the postal address indicated by the CLIENT. Loïc Navarro EI declines all responsibility in the event of loss, theft or damage to the copy(ies) of the videogram once they have left the premises. Any complaint must be made to the carrier within three (3) days of delivery. However, Loïc Navarro EI retains a copy of each of its productions for 30 days, enabling a copy to be made in the event of loss or damage during delivery, at the current rate for a DVD/Blu-Ray/USB key copy.
Delivery times are given in good faith and as an indication only. Exceeding deadlines may not give rise to damages, deductions or cancellation of orders in progress. However, the “Rapid Delivery” option, offered as an extra, guarantees a delivery date, notified on the quotation. This delivery date is that of the link for viewing V1 of the montage and not of the final delivery, which depends on the CLIENT's return deadlines and any requests for modifications to the montage. Even if an overrun of the delivery date indicated in the “Fast Delivery” option cannot give rise to damages, deductions or cancellation of orders in progress, in the event of delay Loïc Navarro EI undertakes to reimburse the CLIENT in full for the cost of the option if it has already been collected at the time of delivery of the V1, or not to collect it if it has not yet been collected at the time of delivery of the V1.
ARTICLE 7 - LASER PROJECTORS
In the case of photo and/or video shoots in an enclosed or unenclosed space in which light projectors are used by a service provider for lighting, and given the proven danger of rays from laser-type projectors for camera sensors and hybrid cameras, the CLIENT must imperatively ensure in advance with the service provider concerned that no laser-type projectors will be used for the entire duration of the presence of Loïc Navarro EI or one of its collaborators. In the event of total or partial damage to the sensor of the camera(s) used by a laser projector, the CLIENT must compensate Loïc Navarro EI within 30 days for an amount equal to the original purchase value of the damaged device (camera, still camera).
ARTICLE 8 - OBLIGATION TO COOPERATE
The CLIENT shall provide Loïc Navarro EI with all information that may contribute to the successful achievement of the purpose of the quotation / service contract. To this end, the CLIENT shall designate two privileged contacts to ensure dialogue during the various stages of the contracted mission.
ARTICLE 9 - IMAGE RIGHTS
The CLIENT undertakes to inform its extras and/or participants that they will be filmed without them requesting image rights.
If, however, certain people absolutely do not wish to be filmed, the CLIENT undertakes to inform Loïc Navarro EI as soon as possible.
However, it is preferable to have them sign an authorization so that their image can be used in the film and its distribution on all media. For minors, the authorization must be signed by the parents or legal guardian.
ARTICLE 10 - TRANSFER OF RISK
Loïc Navarro EI reserves ownership of the project or other original products designated on its commercial documents until full payment of their price in principal and interest. However, the risks are transferred to the CLIENT upon delivery of the products or completion of a service.
ARTICLE 11 - INTELLECTUAL PROPERTY AND COPYRIGHT
Loïc Navarro EI's photographs are original works protected by intellectual property legislation. The acquisition of Loïc Navarro EI's images on graphic or digital media does not entail the transfer to the purchaser of the exclusive property rights attached thereto; their use is strictly limited to the purchaser's private use.
- Copyright: unless otherwise specified, all photographs and films produced by Loïc Navarro EI are subject to French laws 57-298 of March 11, 1957 concerning artistic property and 85-660 of July 3, 1985 concerning copyright.
- Reproduction rights: any reproduction by any process whatsoever of Loïc Navarro EI's images or creations is forbidden without prior purchase of the corresponding reproduction rights.
The rights are sold with the digital file of the image for use as defined by the CUSTOMER, who specifies the format, medium and number of copies to be distributed when placing the order. The transfer of rights to an image or production does not include any exclusivity unless expressly stated, and under no circumstances does it include the possibility of transferring a copy of the file to a third party, whether free of charge or against payment. The transfer of rights is acquired by the CLIENT only subject to full payment of the latter and to the use of the images or realizations in conformity with the use defined at the time of the order. Loïc Navarro EI and the respective authors of the images reserve the right to refuse any use of the images other than for private purposes, unless otherwise stated. Thus, Loïc Navarro EI and the author of the images assign their copyrights for the distribution of the current project, but remain holders of the copyrights for any exceptional use of these images in another project, and must be kept informed of any negotiations for the reuse of the same images in other productions, for which the parties, Loïc Navarro EI / THE AUTHORS, will receive copyrights NEGOTIABLE AT EACH REUSE.
Any use contrary to the above clauses of Loïc Navarro EI's images or creations without prior agreement will give rise to a minimum charge of 5 times the value of the corresponding rights. Loïc Navarro EI will keep a digital copy in the original format for a minimum period of 1 year, as soon as shooting operations are completed, in order to be able to prove ownership of his images or creations. In case of doubt about the rights of use of the images, any clarification can be obtained by e-mail at the following address: contact@loicnavarro.com.
Loïc Navarro EI reserves the right to use images filmed during the performance.
Loïc Navarro EI gives itself the right to broadcast the films made or extracts from films on its website www.loicnavarro.com, if necessary via video platforms, and on the company's social networking web pages.
In the event of refusal by the CLIENT, the latter must send a registered letter with acknowledgement of receipt to Loïc Navarro EI stating the reasons for the refusal.
ARTICLE 12 - CANCELLATION AND MODIFICATION CONDITIONS
- For all services except aerial photography:
Except in cases of force majeure (as specified below*), the CLIENT may not cancel a service without the express agreement of Loïc Navarro EI after 30 calendar days (from D-29) before the shooting date (or the first day of shooting, if several days are scheduled). If the cancellation is made by the CLIENT before this 30-day period, Loïc Navarro EI will accept it unconditionally and the balance of the payment for the service will no longer be due. Initial deposits of 25%, or another percentage of the total amount if specified on the quotation, invoiced to the CLIENT after the quotation has been signed, remain due under all circumstances.
In the event of cancellation by the CLIENT independently of Loïc Navarro EI, except in cases of force majeure, after the 30-day deadline has passed (from D-29), the conditions for compensation are as follows:
- 25% of the cost of the service if the cancellation is made more than 5 days before the scheduled date and time.
- 50% of the cost of the service if the cancellation is made between 2 and 5 days before the scheduled date and time.
- 100% of the cost of the service if the cancellation is made less than 48 hours before the service.
Cancellation of a service may lead to its postponement at the convenience of the CLIENT.
The CLIENT may not modify a service without the express agreement of Loïc Navarro EI, which may refuse without having to justify its refusal. In the event of acceptance, Loïc Navarro EI will draw up a new quotation or an amendment to the initial quotation, subject to the same formalities as the initial quotation. The same applies if Loïc Navarro EI needs to modify the quotation for one of the reasons mentioned herein.
Loïc Navarro EI reserves the right to refuse any service to a CLIENT with whom there is a dispute concerning the payment of a previous order, or for any other legitimate reason.
- For aerial photography services:
Loïc Navarro EI and the CLIENT agree by mutual consent on the date(s) chosen for the services. The service involving aerial photography with a drone is dependent on weather conditions (wind, rain, level of sunshine), and these conditions are subject to change.
If the weather forecast is unfavorable, Loïc Navarro EI and the CLIENT will agree to cancel the service, and no compensation will be paid under any circumstances.
In the event of cancellation by the CLIENT unrelated to the weather and independently of Loïc Navarro EI, except in cases of force majeure, the conditions for compensation are as follows:
- 25% of the cost of the service if the cancellation is made more than 5 days before the scheduled date and time.
- 50% of the cost of the service if the cancellation is made between 2 and 5 days before the scheduled date and time.
- 100% of the cost of the service if the cancellation is made less than 48 hours before the service.
Cancellation of a service may lead to its postponement at the convenience of the CLIENT.
- Liability in the event of force majeure* or a sudden change in the initial circumstances :
In the event of force majeure or if an unforeseeable event occurs which modifies in an extraordinary, substantial and sudden manner the circumstances at the origin of the performance of the present Contract, the Parties shall not be liable for non-performance or delay in performance of the present Contract.
The Parties undertake to notify each other immediately of the occurrence of any force majeure event. The Parties will jointly assess the consequences of such an event in good faith within a maximum of 72 hours. For the duration and to the extent of its impact, force majeure suspends performance of the Contract for both Parties. As soon as the event has ceased, the prevented Party will inform the other Party and will immediately continue to perform its contractual obligations, if possible.
If the consequences of the aforementioned force majeure event persist for more than 30 consecutive days, each Party is entitled to notify the other Party in writing of the termination of the contract without either Party having to pay any penalties or compensation for damages of any nature whatsoever, including consequential damages. However, by way of compensation, if a deposit was received by Loïc Navarro EI under the contract binding the two Parties prior to its termination, Loïc Navarro EI undertakes to provide the CLIENT, within thirty days of the date of termination of the contract, with a credit note valid for 3 years, in the same amount as the deposit received.
ARTICLE 13 - SUBCONTRACTING
The tasks inherent in the services may be subcontracted, which the CLIENT acknowledges and accepts.
ARTICLE 14 - LIABILITY AND CLAIMS
Loïc Navarro EI's liability in the event of loss or damage to media entrusted to it is limited to the reimbursement of blank media.
For all media delivered, the CUSTOMER will have taken care to make a copy. The CUSTOMER expressly declares that he/she is the owner of the copyright, distribution and reproduction rights to the media or, where applicable, that he/she has obtained any written authorization required for the reproduction and distribution of these media.
All claims must be made by registered post with acknowledgement of receipt within seven calendar days.
ARTICLE 15 - WITHDRAWAL PERIOD
The CLIENT has a period of seven (7) calendar days from the date of signature of the quotation / order form to cancel the order. All cancellations must be made by registered letter with acknowledgement of receipt, the date of first presentation of the registered letter must fall within the seven (7) day cooling-off period. In the event of exercising the right of withdrawal, Loïc Navarro EI undertakes to reimburse the consumer for the sums paid, excluding delivery costs, within a maximum period of thirty (30) days.
ARTICLE 16 - DISPUTES
Disputes are settled by arbitration or before the competent court, at the option of the claimant.
LEGAL NOTICE
Effective 06/04/2024
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., users and visitors, hereinafter the “User”, to the loicnavarro.com site, hereinafter the “Site”, are hereby informed of the present legal notice.
Connection to and browsing of the Site by the User implies full and unreserved acceptance of the present legal notice.
These are available on the Site under the heading « Terms & Conditions ».
ARTICLE 1 - THE PUBLISHER
The Site is edited and published by Navarro Loïc, whose telephone number is +33 7 78 79 81 00, and whose e-mail address is contact@loicnavarro.com.
hereinafter the “Publisher”.
ARTICLE 2 - THE HOST
The Site is hosted by Hostinger, whose registered office is at Rue Jonavos 60C 44192 Kaunas.
ARTICLE 3 - ACCESS TO THE SITE
The Site is accessible at all times, 7 days a week, 24 hours a day, except in the event of force majeure, scheduled or unscheduled interruption, or where maintenance is required.
In the event of modification, interruption or suspension of the Site, the Editor cannot be held responsible.
ARTICLE 4 - DATA COLLECTION
The Site ensures that the User's personal information is collected and processed in compliance with the French Data Protection Act no. 78-17 of January 6, 1978.
In accordance with the French Data Protection Act of January 6, 1978, the User has the right to access, rectify, delete and object to his or her personal data. The User may exercise this right: by e-mail to contact@loicnavarro.com
Any use, reproduction, distribution, marketing or modification of all or part of the Site without the Publisher's authorization is prohibited and may result in legal action and prosecution as provided for in the French Intellectual Property Code and the French Civil Code.
For further information, please refer to the terms and conditions of the loicnavarro.com website, available in the “Terms and Conditions” section.