Terms and conditions of sale

Chapter 1: General Information

The following terms and conditions apply to audiovisual services and the sale of digital products/online training.

Article 1 – Purpose

These Terms and Conditions of Sale (T&Cs) govern the contractual relationship between the sole trader Marcø, Micro-entrepreneur, whose registered office is located at the postal address indicated below and on each transactional document issued (quote, invoice, etc.), registered under SIRET number 81133428300025, hereinafter referred to as the “Seller” or the “Service Provider”, and any natural or legal person, hereinafter referred to as the “Client” or the “Buyer”, wishing to benefit from the services or purchase the products offered.

The T&Cs apply to audiovisual services (directing, filming, editing, motion design, post-production, etc.) and to the sale of digital products or online training via the website https://marco.studio.

Access to and use of the web service https://marco.studio imply acceptance of these Terms and Conditions of Sale.

Article 2 – Identity of the Seller / Service Provider

Marcø, Micro-entrepreneur

Registered office postal address:

SIRET: 81133428300025
E-mail: contact@marco.studio
Website: https://marco.studio

Article 3 – Acceptance of the T&Cs

Receiving audiovisual services implies the Client’s unreserved acceptance of these T&Cs. This acceptance is evidenced by signing the quote.

Validating an order for a digital product or online training on the website https://marco.studio implies the Buyer’s full and complete acceptance of these T&Cs. The T&Cs are accessible at any time on the website https://marco.studio.

The Buyer/Client acknowledges having read all of these Terms and Conditions of Sale and, where applicable, any Special Terms of Sale related to a product or service, and accepts them without restriction or reservation.

Where used for professional purposes, the Client warrants that they have the necessary authority to accept these general terms and conditions within their organisation.

The Client declares that they are legally able to contract under French law or validly represent the natural or legal person on whose behalf they commit.

For online sales, acceptance of these T&Cs is made clear and unreserved by the inclusion of a tick box or any other explicit validation method during the ordering process.

Article 4 – Amendments to the T&Cs

The applicable T&Cs are those in force on the date the signed quote is accepted for services, or on the date the online order is validated for digital products. The Seller reserves the right to amend its T&Cs at any time by publishing a new version on its website https://marco.studio.

Chapter 2: Conditions Specific to Audiovisual Services

Article 5 – Description of the Services

The Service Provider offers audiovisual creation services including, in particular, directing, filming, editing, post-production, and motion design (2D and 3D). The precise characteristics, content, quantity, price, and timelines for each service are set out in the specific quote accepted by the Client.

Article 6 – Quote and Order

The Quote, issued by the Service Provider, specifies the nature and scope of the services, the prices, production timelines, and payment terms. It is valid for the validity period indicated directly on the quote, from its date of issue. The order is deemed accepted only after the Client returns the signed quote, potentially accompanied by payment of a deposit.

Article 7 – Pricing and Payment Terms for Services

Service prices are those indicated on the accepted quote. They are expressed in Euros and are stated either excluding tax (excl. VAT) or including all taxes (incl. VAT) depending on the Service Provider’s micro-enterprise VAT status under the French VAT franchise scheme (below or above the annual turnover threshold set by law). This is pursuant to Article 293 B of the French General Tax Code.

Payment terms are those stated on the quote and the invoice (e.g. payment within 30 days from invoice date). Payment is made by bank transfer to the bank details indicated on the invoice (and potentially also mentioned on the quote issued prior to the invoice).

In the event of late payment of invoices (audiovisual services or deposit invoices), late payment penalties at the rate stated on the invoice (or quote) apply from the day following the due date. For professional clients, a fixed recovery fee of €40 is also due. In the event of non-payment, the Seller/Service Provider reserves the right to suspend performance of the services or delivery of ongoing deliverables, and to take any necessary legal action.

Article 8 – Service Delivery Timelines

Service delivery timelines are specified in the quote. They run from the date the signed quote is accepted and, where applicable, from receipt of the deposit payment and all necessary elements provided by the Client. Timelines are given for indicative purposes and may be extended in the event of Force Majeure or delays attributable to the Client.

Article 9 – Receipt and Approval of Deliverables

The final files are delivered to the Client electronically (e.g. download link, FTP server, or any other dedicated service). The Client has 7 days from delivery of the final files to raise any reservations or approve the deliverables. After this period with no feedback, the deliverables are deemed approved and accepted. The terms for amending deliverables (number of revisions included, cost of additional revisions) are specified in the quote.

Article 10 – Intellectual Property for Audiovisual Services

The Service Provider remains the holder of copyright and all intellectual property rights in its original creations (videos, animations, graphic elements, original music created by the Service Provider, etc.). These T&Cs and the accepted quote do not constitute any assignment of economic copyright to the Client, unless expressly stated otherwise and with dedicated remuneration expressly stipulated in the quote or in a separate rights assignment agreement. A limited, non-exclusive licence to use the final deliverables is generally granted to the Client for the use defined and the territory specified in the quote (e.g. internal distribution, distribution on the Client’s website, advertising distribution on specific media, etc.). Any use of the deliverables beyond the scope defined in the quote will require negotiation and additional remuneration for the acquisition of the corresponding rights. The Service Provider reserves the right to use the deliverables produced for the purposes of promoting its own activity (on its website, social networks, portfolios, etc.), unless a specific confidentiality agreement exists or a prohibition is made in writing by the Client and accepted by the Service Provider. The Client warrants that it holds the necessary rights to all elements (music, images, videos, texts, logos, sound recordings, etc.) supplied to the Service Provider for performance of the services and holds the Service Provider harmless from any liability in the event of third-party claims relating to rights in the elements supplied by the Client.

Article 11 – Liability Related to Services

The Service Provider undertakes to carry out the services in accordance with the accepted quote and professional standards. Its liability cannot be engaged in the event of force majeure, Client fault (e.g. late or incomplete provision of necessary elements, late approval, illegal content supplied or content not free of rights), or delay/damage resulting from external factors beyond its control. The Service Provider’s liability is limited to direct and foreseeable loss resulting from proven fault on its part, and in any event cannot exceed the total service fee excluding tax (excl. VAT) invoiced for the relevant assignment, except in cases of gross negligence or wilful misconduct proven. The Service Provider cannot be held liable for indirect loss (such as loss of turnover, loss of profit, commercial loss, loss of data, etc.) suffered by the Client.

Chapter 3: Conditions Specific to the Sale of Digital Products / Online Training

Article 12 – Description of Products / Training

Digital products (ebooks, templates, etc.) and online training offered on the website https://marco.studio are described on their respective pages. Descriptions specify their content, format, and access arrangements (download, platform access, access duration, etc.). Photographs or illustrations presenting the products or training have no contractual value.

Article 13 – Online Ordering and Payment

Ordering a digital product or online training is carried out via the secure process on the website https://marco.studio. The specific ordering steps are as follows: information on the essential characteristics of the Product, selection of the Product (and, where applicable, its options), entry of the Client’s essential data (identification, address, etc.), acceptance of these Terms and Conditions of Sale, review of the order details and, where applicable, correction of errors, following the payment instructions, and payment for the products. Validation of the order by the Buyer constitutes acceptance of the price and the description of the product/training. Payment is due immediately upon ordering, including for pre-order products. Payment is made online by bank card (Visa, Mastercard; cards issued by banks domiciled outside France must be international bank cards) via our secure payment provider (Stripe). Information regarding Stripe’s terms and conditions of use is available at: https://stripe.com/fr/terms and its privacy policy at: https://stripe.com/fr/privacy. The bank details transmitted are encrypted in accordance with professional standards. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by card is irrevocable. By providing their bank details, the Client authorises the Seller to debit their card for the amount relating to the stated price and confirms that they are the legal holder of the card and are legally entitled to use it. In the event of an error or inability to debit the card, the Sale is immediately cancelled and the order voided. Product prices sold on the site are shown in euros including all taxes (incl. VAT) on the order page. [If you sell internationally or plan to sell excluding VAT to professionals with a VAT number: add a clarification on VAT handling for foreign professional clients or clients outside the EU]. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases for international purchases. These duties and amounts are not the responsibility of the Seller. They will be borne by the Buyer and are the Buyer’s responsibility. Telecommunications costs necessary to access the Marco.studio websites are borne by the Client.

Article 14 – Delivery / Access to the Digital Product

The Client receives confirmation by email of payment for the order, including a pricing summary. Access to the digital products is sent directly to the email address provided by the Client when placing the order. Access is generally immediate after payment confirmation. Exceptionally, it may be delayed by a waiting period of up to 72 hours in the event that a specific issue (technical, logistical, etc.) needs to be resolved. If access to certain digital content is provided via a gradual release, the Client will be informed by email (potentially via a mailing list) when new content is released.

Article 15 – Right of Withdrawal (Mainly Applies to Consumers)

In accordance with Article L221-18 of the French Consumer Code, the consumer generally has a period of fourteen days to exercise their right of withdrawal from a distance contract, without having to justify reasons or pay penalties, except for return costs where applicable. The period runs from receipt of the goods for contracts for the sale of goods, or from acceptance of the offer for service contracts.

Exception to the right of withdrawal for digital content:

In accordance with Article L221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium where performance (access to the content) has begun after the consumer’s prior express consent and express waiver of their right of withdrawal. By validating the order for digital content or online training and accepting these T&Cs (via the tick box dedicated to order validation), the consumer Buyer expressly consents to performance of the supply of digital content beginning immediately and expressly waives their right of withdrawal. To exercise the right of withdrawal (where it applies, in particular for services if performance has not yet fully begun and there has been no express waiver), the Client must inform the Seller of their decision by an unambiguous statement (e.g. by email or post to the contact details stated in these T&Cs and legal notices). The Seller undertakes to acknowledge receipt of this request without delay and to process it in accordance with the law. Any refund of amounts paid will be made no later than fourteen days from the date on which the Seller is informed of the consumer’s decision to withdraw.

Article 16 – Use of Digital Products / Training

Digital products and training content are protected by copyright and intellectual property rights. They are intended for the Buyer’s personal use (or internal business use if the purchase is B2B and the licence terms specify this). The Buyer undertakes to comply with the rules for using the platform or content. Any reproduction, distribution, resale, access sharing, or unauthorised commercial use of the content is strictly prohibited.

Article 17 – Liability Related to Digital Products / Training

The Seller undertakes to provide access to the products/training in accordance with their description. Its liability cannot be engaged in the event of technical incompatibility (if the prerequisites have not been met by the Buyer), internet connection issues, force majeure, or temporary interruption of access to the platform beyond its control (maintenance, third-party technical issue, hosting provider failure, etc.). Training content is provided for informational purposes and cannot guarantee achievement of a specific result; the Seller is subject only to an obligation of means regarding the quality of the educational content. The Seller cannot be held liable for indirect loss (such as loss of turnover, loss of profit, commercial loss, loss of data, etc.) suffered by the Buyer.

Article 18 – Warranties

In accordance with the law, independently of any commercial warranty, the Seller assumes the following statutory warranties: the statutory warranty of conformity for goods (Articles L217-4 and following of the French Consumer Code) and for digital services (Articles L224-25-1 and following of the French Consumer Code), and the statutory warranty against hidden defects (Articles 1641 and following of the French Civil Code) that render the product unfit for the use for which it is intended, or that diminish such use so much that the buyer would not have acquired it, or would have paid a lower price, had they known of them. In the event of lack of conformity or a hidden defect, the Client acts within the statutory time limits and in accordance with the conditions provided by law. The Seller refunds or exchanges defective products or products not corresponding to the order within the scope of these statutory warranties. The request to implement these warranties must be made in writing (email or postal mail to the addresses stated in the T&Cs and legal notices) describing the defect or non-conformity observed. The Seller undertakes to process the request and propose a solution (refund, exchange, corrected access, etc.) in accordance with the law and as quickly as possible.

The Seller refunds the buyer or exchanges products that appear defective or do not correspond to the order placed.

Refund request

A refund for digital Products sold directly by the Seller may be requested as follows:

Send the request by email to contact@marco.studio or by post to the address of https://marco.studio mentioned in these terms and conditions of sale and in the legal notices
The Seller undertakes to respond to the Client’s request as quickly as possible (usually between 24 and 48 hours after the request). Under applicable law, the Seller generally has 30 days from the date the Client expresses the refund request.
If the request is considered legitimate* by the Seller, the Seller will implement the refund procedure and, where applicable, disable or remove access rights to the content. Depending on the payment method used by the Client and the responsiveness of the payment intermediary service (Stripe), a period of 2 to 8 days may be required for the refund of amounts paid to be effectively completed.

*Warning regarding abusive refund requests:

Only refund requests considered legitimate at the Seller’s sole discretion may result in the effective implementation of a refund procedure for the amounts paid by the Client.

The possibility of a refund is an option offered by the Seller to the Client, with the aim of fostering trust between the two parties to the Product sales contract. This is intended to guarantee a minimum level of satisfaction for the Client concerned.

Regular and/or repeated use of this option by the Client may be considered an abuse by the Seller and may therefore lead the Seller to deem the refund request made by the Client as illegitimate.

The Seller reminds the consumer that:

they have the warranty period indicated in the product presentation (30 or 60 days from delivery of the goods) to take action with the Seller.
they may invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and, in that case, may choose between cancellation of the sale or a reduction of the sale price (provisions of Articles 1644 of the French Civil Code).

Chapter 4: Common and Final Provisions

Article 19 – Non-payment and Late Payment

In the event of late payment of invoices (audiovisual services or deposit invoices), late payment penalties at the rate stated on the invoice (or quote) apply from the day following the due date. For professional clients, a fixed recovery fee of €40 is also due. In the event of non-payment, the Seller/Service Provider reserves the right to suspend services or access to products/training, and to take any necessary legal action.

Article 20 – Force Majeure

Performance of the Seller’s obligations under these T&Cs is suspended in the event of an unforeseeable event or force majeure preventing performance. Force majeure events include, in particular, unforeseeable, irresistible, and external events such as strikes, riots, fires, floods, inability to source supplies, pandemics, serious breakdowns of telecommunications networks or internet connection not attributable to the Seller, etc. The Seller will inform the Client of the occurrence of such an event as quickly as possible. If the suspension continues beyond 30 days, the contract may be terminated by either party after formal notice that remains without effect.

Article 21 – Personal Data

In accordance with the General Data Protection Regulation (GDPR), the personal information collected is necessary for managing orders, invoices, and the commercial relationship. It may be transmitted to third parties (technical providers, accountant, etc.) involved in performance of the services. The data controller is Marcø. You will find all information relating to the processing of your personal data, its purpose, retention period, recipients, as well as your rights (access, rectification, objection, portability, deletion, restriction) and how to exercise them in our Privacy Policy available on https://marco.studio.

In accordance with the French Data Protection Act of 6 January 1978, you have the rights to query, access, amend, object to, and rectify your personal data.

By agreeing to these terms and conditions of sale, you consent to Marcø collecting and using this data for performance of this contract.

By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers relating to products published by the Seller and its partners.

You can unsubscribe at any time.

To do so, simply click the link at the end of the emails sent via the newsletter, or contact the data controller by email (contact@marco.studio) or by post with a registered letter with acknowledgement of receipt (LRAR).

Across the entire site https://marco.studio and associated sites, traffic is tracked using the following tools:

Article 22 – Complaints

The Buyer/Client may submit any complaint relating to the service or product by contacting the Seller using the contact details stated in Article 2 of these T&Cs. The Seller undertakes to handle complaints as quickly as possible and to provide an appropriate response.

Article 23 – Governing Law and Jurisdiction

These T&Cs are governed by French law.

In the event of a dispute concerning the interpretation or performance of these T&Cs:

For disputes with professional Clients (B2B), exclusive jurisdiction is granted to the competent courts in the district of the Service Provider’s registered office (Commercial Court of Valenciennes).
For disputes with private Clients (Consumers), the statutory rules on jurisdiction apply (often the court of the consumer’s place of residence). An amicable solution or recourse to consumer mediation will be sought before any legal action. The consumer Client may use a consumer mediator free of charge to resolve the dispute amicably with the Seller. The mediator’s contact details applicable to the Seller will be specified on the website at the time of the dispute or provided upon the consumer’s request.

Article 24 – Partial Invalidity

If any provision of these T&Cs were to be invalidated, such invalidity would not invalidate the other provisions, which shall remain in force between the parties.

Article 25 – No Waiver

A party’s failure to rely on a breach by the other party of any of the obligations referred to in these T&Cs shall not be interpreted in the future as a waiver of the obligation in question.

Article 26 – Evidence of Transactions

Any amendment to the contract (accepted quote for services, or validated order for digital products) after it is formed is valid only with a written and signed agreement by both parties.