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Legal document

General Terms & Conditions of Sale

Last updated: 25 June 2024 Service & subscription agreement
Article 1

Scope and enforceability

These General Terms and Conditions of Sale (GTC) define the terms for the sale of services and subscriptions between the service provider and any client.

Placing an order constitutes full and unreserved acceptance of these GTC.

These GTC are available at all times at https://www.3dvue.fr/ and shall prevail over any conflicting document. They may be modified; the applicable version is the one in force at the date of the order or subscription.

Article 2

Subject matter and structure of services

The commercial relationship between 3DVue and the client comprises two distinct components.

2.1 — Set-up fee (one-off)

The service provider carries out for the client, on the basis of an accepted quote, all or part of the following services:

  • 3D modelling of products (from photos, plans or CAD files)
  • Creation of textures and materials
  • Production of photorealistic 3D packshots
  • Integration of the configurator on the client's e-commerce website
  • Augmented reality activation

Upon completion, the client is the full owner of all delivered files (FBX, OBJ, GLB and any other agreed format). No dependency on 3DVue is created in respect of these files.

Set-up fees are invoiced in a single payment, in accordance with the accepted quote.

2.2 — Monthly subscription

In addition to the set-up fee, the client subscribes to a monthly subscription providing access to and hosting of the 3D configurator on their website, together with the associated services defined in Article 3.

The subscription fee is defined in the set-up quote and depends on the specific parameters of the client's project, including:

  • Number of hosted 3D models
  • Total size of assets (models, textures, environments)
  • Number of available textures and materials
  • Number of configurable options and variants
  • Activated features (augmented reality, dynamic packshots, etc.)

The subscription fee is communicated to the client in the set-up quote, prior to any subscription.

Article 3

Services included in the subscription

3.1 — Configurator access

The service provider makes available to the subscriber a hosted 3D model viewer accessible online, which the client embeds on their website via an embed code.

The service provider ensures the availability, continuity and quality of service of the system, and makes any adaptations necessary to manage changes in load and traffic.

3.2 — User support

The service provider provides support covering platform features during business hours. This support allows subscribers to report incidents. Outside business hours, on-call support is available for serious incidents.

3.3 — Security and backups

The service provider undertakes to ensure the protection and security of the platform and the subscriber's data. Backups are performed on a separate server. The service provider corrects any detected anomaly without delay.

Article 4

Incident management

The service provider undertakes to ensure the quality and continuity of the configurator's features. In the event of an incident reported by the subscriber, the service provider undertakes to:

  • Detect the event, determine its origin and the appropriate response
  • Minimise the adverse impact on the subscriber
  • Restore service quality and continuity as quickly as possible

Any request for additional features or modifications after subscription will be subject to a separate quote. If accepted, an amendment will be signed by the parties.

Article 5

Subscription term

The subscription takes effect from the date of electronic signature by both parties and is concluded for an indefinite period.

Either party may terminate the subscription with one month's notice, notified by recorded delivery with acknowledgement of receipt.

Any month commenced is due and will be invoiced to the subscriber.

Article 6

Subscription and billing

6.1 — Subscription

Subscription to the service takes effect together with acceptance of the set-up quote. The client receives a confirmation by email at the address provided.

The client undertakes to provide accurate, complete and up-to-date information. Access is protected by personal and confidential credentials, for which the client is solely responsible.

6.2 — Pricing and invoicing

The monthly subscription fee is as defined in the accepted set-up quote. It is expressed exclusive of taxes, in euros.

Invoicing is monthly and details all billed items. Applicable taxes are added to the net price on the date of invoicing.

Any change in project parameters (addition of models, textures, options) likely to affect the fee will be subject to a quote amendment.

Article 7

Payment

7.1 — Terms

All payments are made in euros by credit or debit card (Visa, MasterCard, American Express). Payment by cheque is not accepted.

Payment is monthly, immediate, and secured by STRIPE — 510 Townsend Street, San Francisco, CA 94103. Card payments are irrevocable, except in cases of proven fraud.

7.2 — Payment failure

In the event of a failed payment, the subscriber is notified and invited to regularise without delay. In the meantime, the subscription is suspended and access to the configurator is blocked.

In the event of three consecutive or non-consecutive failures, the service provider reserves the right to terminate the subscription.

Article 8

Intellectual property

The content of the website https://www.3dvue.fr/ is protected by French and international intellectual property laws. Any reproduction in whole or in part without authorisation may constitute infringement.

The 3D files delivered as part of the set-up are the full and entire property of the client from the time of delivery and upon full payment of the corresponding service.

Article 9

Assignment authorisation

The client authorises the service provider to freely assign all or part of this agreement to any legal entity of its choosing. In the event of assignment, the service provider simply informs the client.

Article 10

Limitation of liability

The service provider is bound by an obligation of means and not of result. Its liability cannot be engaged in the event of non-performance or poor performance due to the client's actions, force majeure, or an unforeseeable and insurmountable event.

The service provider undertakes to deploy all necessary means to enable the client to achieve their objectives. In the event of non-achievement, no refund may be demanded solely on the basis of the client's commercial results.

Article 11

Personal data protection

Personal data collected is necessary for processing the subscription and accessing the platform. It may be shared with the service provider's technical partners (hosting, payment).

In accordance with GDPR and French law n°78-17 of 6 January 1978 as amended, the client has the right of access, rectification, opposition, erasure, portability and restriction of processing of their data, exercisable at: contact@3dvue.fr.

Article 12

Force majeure

The service provider shall not be held liable in the event of non-performance or delay resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 13

Mediation and complaints

13.1 — Prior complaint

In the event of a dispute, the client should first contact customer service by email: contact@3dvue.fr. Complaints are handled as quickly as possible.

13.2 — Business mediation

If, after exhausting amicable remedies, a dispute persists, the client may refer to the French business mediator: economie.gouv.fr/mediateur-des-entreprises

Article 14

Jurisdiction

In the absence of an amicable agreement, any dispute relating to this agreement falls within the exclusive jurisdiction of the Commercial Court of Montpellier (Tribunal de Commerce de Montpellier), France.

Article 15

Governing law

This agreement and these GTC are governed by French law.

Signed in Montpellier Client signature preceded by the words "Read and approved" — to be affixed to the set-up quote issued by 3DVue.