The General Terms and Conditions of Sale have been drawn up in the French language. All other languages have been automatically translated by the online translation tool DeepL, which may lead to inaccuracies or differences in interpretation. If you have any questions or require clarification, please do not hesitate to contact us.

Contents hide

Preamble

 The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") is to provide a legal framework for the terms and conditions governing the ordering of services and their execution. (hereinafter, "the Service") as well as the terms and conditions for the provision of the website and services by SASU FRESH ORGANIC MOTION (hereinafter, "the Provider"), via the website [https://www.freshorganicmotion.com/] (hereinafter, "the Site").

SASU FRESH ORGANIC MOTION, whose head office is located at 16 rue de Touvois, 44310 SAINT-PHILBERT-DE-GRAND-LIEU, and whose SIREN number is 948861281, stands out for its expertise in the creation of mascots and the production of motion design videos, specifically designed for companies and institutions wishing to integrate them into their promotional strategies, their marketing campaigns or the development of their brand image. 

The services offered by the Service Provider are intended for both professionals and consumers. 

By browsing the Site, the User acknowledges having read and accepted the provisions relating to the conditions of use of services, intellectual property and personal data. 

The present General Terms and Conditions of Sale may be modified at any time and without prior notice. 

The preamble forms an integral part of these Conditions.

ARTICLE 1 - Use of services

Access to the site [https://www.freshorganicmotion.com/] is open to any user with Internet access. FRESH ORGANIC MOTION makes every effort to ensure continuous access to the site, but reserves the right to temporarily suspend access for maintenance, updating or in the event of force majeure. The Service Provider cannot be held responsible for access interruptions or the failure of external services such as hosting or Internet service providers.

All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User's expense.

By accessing and using the Site [https://www.freshorganicmotion.com/], the User undertakes to use it in accordance with its intended purpose, and to behave fairly, appropriately and in compliance with the laws and regulations in force. Any fraudulent or abusive use or use contrary to public order is strictly prohibited and may result in suspension of access to the Site and/or legal proceedings.

The information provided is for general guidance only and has no contractual value. Despite regular updates, the Site [https://www.freshorganicmotion.com/] cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, FRESH ORGANIC MOTION cannot be held responsible for the use and interpretation of the information contained on the Site.

ARTICLE 2 - Purpose and scope

These General Terms and Conditions govern the contractual relationship between the Service Provider and the customer (hereinafter referred to as "the Customer") and form an integral part, together with the other contractual documents, of the contract concluded between the parties. They may be consulted at any time on the website [https://www.freshorganicmotion.com/] under the "General Terms and Conditions" tab.

Their purpose is to define the terms and conditions for entering into the contract and the conditions under which the Service Provider performs said contract. 

The Service takes place remotely and includes :

Concerning the creation of mascots :

  • An appointment by telephone or videoconference;
  • The presentation of two tracks in sketch form;
  • The evolution of the two tracks presented ;
  • The completion of one of the two tracks chosen by the customer;
  • Graphic modeling with professional software ;
  • The evolution of modeling ;
  • Generating final files ;
  • Delivery of final files by email or by deposit on a Google Drive server;

Concerning the creation of motion design videos:

  • An appointment by telephone or videoconference;
  • The presentation of two scenario tracks in text form;
  • The completion of one of the two tracks chosen by the customer;
  • The presentation of two graphic style tracks;
  • Creating a storyboard ;
  • The evolution of storyboarding ;
  • Modeling graphic elements ;
  • Drafting of the "Bon à Animer" to approve the storyboard and launch animation production;
  • Motion design animation of scenes ;
  • Integrating sound tracks ;
  • Rendering a video file ;
  • Delivery of final files by email or by deposit on a Google Drive server;

The Service is considered complete once the Customer has expressly validated that the results delivered comply with the agreed requirements.

The Service Provider delivers only the final files, in PNG or PDF format. Source files remain the exclusive property of the Service Provider. Source files may be transmitted by the Service Provider, subject to the Service Provider's prior written agreement, a written request from the Customer, and the payment of additional fees agreed upon together, prior to their delivery.

The choice and payment of a service are the sole responsibility of the customer. 

These Conditions apply, without restriction or reservation, to all sales and services rendered by the Service Provider to the Customer. 

The Customer declares that he/she has read and accepted these Terms and Conditions before proceeding to order the Service. 

The Customer accepts these Terms and Conditions by checking the appropriate box on the contact form, by indicating that he/she has read and accepts the Terms and Conditions with the words "I have read and accept the Terms and Conditions", or by returning the signed Terms and Conditions to the Service Provider when they are sent by e-mail.

ARTICLE 3 - Prices and payment terms

The price applicable to the Service corresponds to that indicated by the Service Provider in the quotation it draws up.

Prices are indicated in Euros, exclusive of tax (HT) and inclusive of tax (TTC). 

Once the quotation has been accepted and signed, the Service Provider will issue a deposit invoice for fifty percent (50 %) of the total price. All orders will be considered confirmed only after confirmation of payment of the deposit. 

The deposit is payable within thirty (30) days of receipt of the deposit invoice by the Customer; the remaining balance must then be paid within thirty (30) days of delivery of the Service. 

Payment is made by bank transfer to SASU FRESH ORGANIC MOTION. These rates are firm and non-revisable during their period of validity. They also take into account any discounts granted by the Service Provider.

The price of the service does not include any processing, shipping, transport or delivery charges, which are invoiced in addition under the conditions indicated on the quotation and calculated in advance. The total price indicated on the quotation takes these costs into account. 

An invoice is drawn up by the Service Provider and sent to the Customer upon completion of the Service. 

In the event of refusal of payment by the Customer's bank, the Service Provider declines all responsibility in the event of additional charges applied by the Customer's bank during the transaction.

In the event of failure to comply with these General Terms and Conditions of Sale or of cancellation, the deposit paid shall be retained by the Service Provider as compensation. 

ARTICLE 4 - Ordering the Service

It is the Customer's responsibility to provide the Service Provider with any information required for the proper performance of the Service. In addition, it is the Customer's responsibility to check the accuracy of the information provided and to report any potential errors immediately. 

The signing of the quotation presented by the Service Provider constitutes the formation of a contract concluded remotely between the Customer and the Service Provider. 

ARTICLE 5 - Performance of Services

The Service Provider undertakes to perform the services ordered by the Customer in accordance with the terms and conditions defined herein. The services will be performed within the agreed timeframe, or within a reasonable time from confirmation of the order, except in the event of force majeure or circumstances beyond the control of the Service Provider.

The Service involves a complex creative process, and dates for completion of services are therefore provided for information only. Any delay in the performance of the Services shall not give rise to damages or the cancellation of the order by the Customer, unless otherwise agreed or provided for by applicable law. Nevertheless, the Service Provider undertakes to deliver the order within a maximum period of six (6) months from receipt of the deposit. 

The Service Provider is obliged to use the necessary means to carry out the Service in accordance with the rules of the trade and the quality standards in force in its sector of activity. The Customer undertakes to cooperate actively by providing the Service Provider with the information and access necessary for the timely performance of the Services.

ARTICLE 6 - Right of withdrawal for consumers

The services offered by the Service Provider are tailor-made creations based on information provided by the Customer and are therefore highly personalized. In accordance with 3° of article L221-28 of the French Consumer Code, the legal withdrawal period of fourteen (14) days does not apply to distance sales made by FRESH ORGANIC MOTION. 

ARTICLE 7 - Order modification and cancellation

7.1 - Order modification 

Modifications to the order for the Service are possible, subject to a reasoned written request from the Customer, addressed to the Provider and justifying special conditions. Any modification will be subject to the acceptance of the Service Provider and may entail additional charges.

7.2 - Cancellation by the Service Provider

In accordance with Articles 1217 et seq. of the French Civil Code, concerning the exception of non-performance, the Service Provider may refuse to perform, suspend, ... , the performance of its contractual obligations after formal notice has remained unsuccessful within a period of fifteen (15) days. 

By mutual agreement, the parties may decide to terminate the contract. 

7.3 - Cancellation by the Customer 

The company's creations are distinguished by their high-end character and extensive customization, meeting the specific and unique requirements of each customer.

In addition, the improper cancellation of an order by the Customer will result in direct commercial prejudice to the Service Provider. If the Customer cancels an order for any reason other than force majeure, no refund will be made. 

The Service Provider devotes a considerable number of working hours to the realization of its creations. In the event of improper cancellation by the Customer, compensation will be due. This indemnity will be determined on the basis of the investments made and the number of hours actually worked on the project, according to an hourly rate of forty euros (€40) excluding VAT. The deposit already paid by the customer will be deducted from this indemnity, so that the amount of the indemnity will be calculated as follows: number of hours worked on the project multiplied by the hourly rate plus the total of any investments made on the project, minus the deposit received.

ARTICLE 8 - Guarantees and liability of the Service Provider

8.1 - Quality commitment


The Service Provider undertakes to carry out the Service with the utmost care, taking care to guarantee a high quality of execution, in accordance with the standards of excellence that characterize its know-how. The Service Provider is bound by an obligation of means, i.e. it must do everything in its power to obtain the expected result, but without guaranteeing absolute success.

8.2 - Liability for non-performance 

In the event of a proven defect or error in the Provision, the Service Provider's liability is limited, at its option, to a correction of the Provision or a partial refund of fifty percent (50 %) of the sums received. A full refund is only possible if it is absolutely impossible to carry out the Service.

The Service Provider shall in no event be held liable for any defects or delays in the performance of the Service resulting from incorrect, incomplete or late information provided by the Customer, or from the Customer's failure to cooperate. In such cases, any obligation to correct or reimburse the Service is excluded.

8.3 - Limitation of liability 

The Service Provider may only be held liable in the event of proven fault or negligence. In no event shall the Service Provider be liable for any indirect damage suffered by the Customer, such as loss of sales, profits, data or any other financial loss, unless otherwise required by mandatory law. In all cases, the Service Provider's liability for any direct damage is strictly limited to the amount of the Service.

Furthermore, the Service Provider cannot be held liable for any damage resulting from the Customer's fault.

ARTICLE 9 - Customer warranties and responsibilities 

9.1 - Collaboration and provision of information 

The Customer must provide the information and access necessary for the proper performance of the Service. Failure to cooperate shall render the Service Provider liable for any delay or failure to perform.

9.2 - Payment for the Service

The Customer is obliged to pay for the Service within the agreed deadline. 

In the event of late payment by the business customer, late payment interest and collection fees will be applied as follows:

The Professional may settle the outstanding invoice within thirty (30) days of receipt of the unpaid invoice. Failure to do so will result in late payment interest equal to three (3) times the legal interest rate, without prior formal notice, as well as collection costs of forty (40) euros, in addition to all additional bank and administration charges. 

9.3 - File storage 

The Customer is solely responsible for the safekeeping of files delivered by the Service Provider. However, the Service Provider retains the files for an indefinite period after delivery. During this period, the Service Provider may, at the Customer's written request, return the files, subject to any additional charges. 

The Customer may also send the Service Provider a written request to delete the delivered files. 

9.4 - Compensation 


The Customer indemnifies the Service Provider against any loss, damage or prejudice, including legal costs, resulting from the provision of incorrect, incomplete or misleading information, or from a lack of cooperation on the part of the Customer. This includes, without limitation, costs incurred by the Service Provider in rectifying errors or dealing with the consequences of incorrect information, as well as any damage caused to third parties as a result of the incorrect use of information provided by the Customer. In such cases, the Service Provider may demand compensation corresponding to the total of such costs. 

ARTICLE 10 - Confidentiality

Each of the parties shall be bound by a duty of confidentiality concerning all elements of the present contract as well as the documents, systems, software and know-how of the other party which are identified as such or which are manifestly non-public.

In case of doubt, the contracting party must question the other party to determine the confidential nature of the elements.

Accordingly, each party agrees not to use the other party's confidential information for any purpose other than the performance of the contractual obligation.

In the event of the loss of any medium containing material protected by the obligation of confidentiality, the other party shall notify the other party as soon as possible.

The parties' obligations with regard to confidential information will remain in force for the duration of the contract and for five years (5 years) after its expiry.

The parties shall not be liable for breach of confidentiality in the following cases:

  • When the items disclosed were in the public domain ;
  • When the items were already lawfully in the possession of one of the parties before the other party disclosed them;
  • When one of the parties would be obliged to disclose these elements within the framework of a court decision or a legal obligation within the limit of what is necessary and subject to having informed the other party, as soon as possible, as from the knowledge of this court decision or legal obligation.

The Service Provider may nevertheless use the creations for promotional purposes, subject to obtaining the Customer's prior consent.

ARTICLE 11 - Severability clause  

If any clause of these Conditions is contrary to a national or international law of public order, only the clause in question will be annulled, the contract remaining valid for the remainder. 

The parties will negotiate in good faith to draft a new clause to replace the invalid one. Failing mutual agreement, the parties may call in a mediator.

ARTICLE 12 - No-waiver clause

If the parties fail or delay to invoke a clause of this contract, there is no tacit waiver and this shall not be construed as a waiver of the right to invoke such clause in the future.

In the same way, tolerance in the application of the clauses of the present Conditions can never, whatever the duration or frequency, be considered as a modification or deletion of these clauses. 

ARTICLE 13 - Force majeure

Neither party may be held liable for events of force majeure. Force majeure is defined as any unforeseeable, irresistible event beyond the control of the debtor of the obligation, such as a government decision, including any withdrawal or suspension of authorizations of any kind, a strike, whether internal or external to the company, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of telecommunications or electricity networks, an act of computer hacking or, more generally, any other event of force majeure presenting the characteristics defined by case law.

In the event of a temporary impediment, performance of the obligation will be suspended. Deadlines will be automatically extended. If the force majeure lasts for more than thirty (30) days, either party is entitled to terminate the contract without incurring any liability in this respect and without any compensation being due. In the event of a definitive impediment, the contract will be terminated ipso jure.

The party who is aware of the force majeure undertakes to inform the other party as soon as possible. 

ARTICLE 14 - Intellectual property

14.1 - Definition and creation of copyright

In accordance with article L.111-1 of the French Intellectual Property Code (CPI), the author of a work of the mind enjoys an exclusive intangible property right over this work, by the very fact of its creation, which is enforceable against all parties. By virtue of this principle, copyright on all creations (mascots, motion design videos, etc.) is the property of the individual author, JULIEN FAVRY.

14.2 - Ownership of rights by SASU

The author of the creations, JULIEN FAVRYassigns to SASU, on an exclusive basis, all economic rights to its creations (mascots, motion design videos, etc.), including in particular :

  • Reproduction rights: the right to fix, reproduce or duplicate the work by any process, on any known or future medium;
  • The right of representation: the right to communicate the work to the public, by any means of distribution;
  • The right of adaptation: the right to modify, transform or translate the work with a view to its distribution or subsequent exploitation;
  • The right to market: the right to market or distribute creations in any form whatsoever.

In accordance with article L.121-1 of the CPI, the author's moral rights remain inalienable and non-transferable.

The SASU is therefore the owner of several intellectual property rights, in particular :

  • Trademarks;
  • Rights to graphic and audiovisual creations;
  • Rights to the elements making up its visual identity.

All elements of the SASU website, including but not limited to text, images, graphics, videos, logos, and mascots, are the exclusive intellectual property of SASU.

14.3 - Transfer of economic rights to the customer

SASU transfers to the customer, on an exclusive basis, the following economic rights to the creations ordered:

  • Reproduction right: the right to fix, reproduce or duplicate the work by any process, on any known or future medium;
  • Performance right: right to communicate the work to the public, by any means of distribution;
  • Adaptation right; right to modify or transform non-essential elements of the creation, or to translate the work with a view to its distribution or subsequent exploitation;
  • Distribution right: the right to market or distribute creations in any form whatsoever;
  • Right to publish or integrate on digital media.

The transfer of rights occurs upon full payment of the invoice issued by the Service Provider.

14.4 - Limits of assignment

  • The transfer of economic rights is granted without limitation in time or space.
  • Use on television or in the press is excluded unless expressly agreed in writing between the parties and subject to any additional charges.

14.5 - Changes to essential elements

Modifications to the essential elements of the creations (graphics, composition, concept) are forbidden without the prior written consent of SASU or its author.

14.6 - Residual rights

Any rights not expressly assigned to the Customer remain the exclusive property of SASU.

14.7 - Declaration of paternity

In accordance with the moral rights stipulated by the CPI, the name of the author of the work, JULIEN FAVRY, must be cited in any use of the creations.

14.8 - Penalties for non-compliance

Any violation of intellectual property rights, whether unauthorized reproduction, representation or modification, exposes the offender to the penalties provided for by the CPI, in particular:

  • Infringement actions (article L.335-3 of the CPI) ;
  • Damages for loss suffered ;
  • Immediate cessation of illicit use of creations.

14.9 - Third-party licenses for certain elements

For certain creations, in particular motion design videos, certain integrated elements (fonts, music, images) may be subject to licenses concluded between SASU and third parties. The customer undertakes to respect the terms of these licenses and not to exploit these elements outside their intended use.

14.10 - Use by SASU for promotional purposes

The Service Provider reserves the right to use creations created for the Customer as part of its portfolio or for promotional purposes (exhibitions, publications on its website, social networks, etc.), provided that the Customer's interests are not prejudiced.

ARTICLE 15 - Personal data

Under this contract the Service Provider is responsible for processing the Customer's personal data and thus undertakes to comply with the General Data Protection Regulation known as Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data known as the "GDPR". 

We collect the following personal data: legal status, company name, location, e-mail address, billing information, bank details. 

Surnames, first names and telephone numbers are also collected when provided by the customer. 

Other data may be collected when you carry out certain operations on the Site. To find out more, please consult our privacy policy in the "Privacy policy" section. 

The personal data collected is used for the following purposes: ordering services, managing the contractual relationship, managing customer relations, keeping accounts, managing complaints, processing requests for access, rectification, opposition and deletion rights, managing disputes. 

The legal basis for processing is :

  • Contract performance and pre-contractual measures ;
  • Legal obligation ;
  • Legitimate interest;
  • Consent. 

Personal data is kept for the duration of the contractual relationship and for three (3) years after termination. Some data is kept longer to comply with legal and regulatory obligations and for accounting purposes.

The Customer has several rights with regard to the RGPD, namely:

  • A right to information (Articles 12 et seq. of the RGPD);
  • A right of access to data (Article 15 of the RGPD);
  • A right of rectification (Article 16 of the RGPD);
  • A right to erasure (or "right to be forgotten" in Article 17 of the RGPD);
  • A right to limitation of processing (Articles 18 and 19 of the RGPD);
  • A right to data portability (Article 20 of the RGPD);
  • And a right to object (Article 21 of the RGPD).

The person concerned may exercise his/her rights:

  • Or by post to the following address: SASU FRESH ORGANIC MOTION, 16 RUE DE TOUVOIS, 44310 SAINT-PHILBERT-DE-GRAND-LIEU France. 
  • Or by e-mail to hello[at]freshorganicmotion.com .

To exercise their rights, data subjects must be able to prove their identity by any means.

Individuals also have the right to lodge a complaint with the CNIL, as well as the right to organize what happens to their data after their death (specific to French legislation). For further information, please consult the CNIL website at the following address: https://www.cnil.fr

ARTICLE 16 - Cookies used by the Service Provider 

16.1 - Functional cookies 

Functional cookies are necessary for the proper operation of the Site and/or compliance with a contractual obligation. 

They help to realize certain functionalities such as sharing website content on social media platforms, collecting comments and other third-party functionalities. 

They enable us to improve the user experience and satisfy user demand. 

According to the CNIL, these cookies are essential for the operation of the site and application, and for browsing said services. 

Finally, they enable users to use the main functions of our services and to secure connection data. 

These cookies do not require the user's consent. 

16.2 - Marketing cookies 

Marketing or advertising cookies enable us to offer you personalized advertising and measure the effectiveness of our marketing campaigns. They collect information about your browsing habits, such as the pages you visit or your interactions with content.

The use of these cookies requires your prior consent. You can accept, refuse or modify your preferences at any time via our cookie management tool.

16.3 - Analytical cookies 

These cookies are used to understand how visitors interact with the website. They provide information on the number of visitors, the bounce rate, the source of traffic, and so on. Their use enables us to improve the interest and ergonomics of the services we offer. 

Should the user refuse to accept these cookies, there will be no impact on the use of the site. However, their refusal will prevent our company from improving the quality of services offered to the user. 

16.4 - Google Analytics 4

We use Google Analytics 4 (GA4), a web analytics service provided by Google LLC, to better understand how our users interact with our website.

16.5 - Cookie management 

For more information on the cookies used by the Service Provider, please consult our Privacy Policy, available under the "Privacy Policy" tab.

ARTICLE 17 - Mediation

In the event of any dispute relating to the performance, interpretation or termination of the contract, the parties undertake, prior to any legal action, to reach an amicable settlement or, failing this, to seek independent mediation chosen by the parties by mutual agreement.

In the event of a dispute, the party wishing to initiate amicable settlement or mediation must notify the other party in writing of its wish to have recourse to amicable settlement or mediation, specifying the subject of the dispute and the facts giving rise to the dispute.

The parties undertake to select, within two (2) months, an approved mediator, or to approach a mediation organization, and to comply with the mediation procedure defined by the latter.

The parties agree to cooperate in good faith to reach an amicable solution. If mediation fails, or if no amicable solution is found within ten (10) months, the Parties may refer the matter to the competent court. 

Mediation costs will be shared between the parties, unless the mediator decides, as part of the procedure, to allocate the full costs to one of the parties. However, if the mediation involves a consumer mediator and the consumer is the requesting party, the costs of mediation will be borne by the Service Provider in accordance with current legislation.

In accordance with the provisions of Articles L. 612-1 et seq. of the French Consumer Code, if one of the Parties is a consumer, the latter may refer the matter free of charge to a consumer mediator. The Service Provider undertakes, where applicable, to join a consumer mediator in accordance with the legal obligation, and to inform the consumer of the procedures for joining and referring the matter to the mediator.

ARTICLE 18 - Jurisdiction and competent law

These Conditions are governed by French law. 

In the absence of an amicable settlement, any dispute arising from the said contract, including any dispute concerning its validity, interpretation, performance, breach, termination or the consequences of its nullity, shall be submitted to the exclusive jurisdiction of the courts of the location of the Provider's registered office and in accordance with the rules in force concerning consumer customers or customers without specific status, even in the event of multiple defendants or warranty claims.

Effective 01/28/2025