GENERAL TERMS AND CONDITIONS OF SALE (GTC)

Article 1 – Preamble and Scope

Les présentes Conditions Générales de Vente (CGV) s’appliquent à l’ensemble des services proposés par l’entreprise DARK M STUDIO, qu'ils soient réalisés en France, au Luxembourg, au sein de l'Union Européenne ou à l'international (notamment aux États-Unis). Elles prévalent sur toutes conditions générales d'achat ou tout autre document émanant du CLIENT. Toute signature de devis, de contrat ou passage de commande via le site internet implique pour le CLIENT l’acceptation sans condition et sans réserve des présentes CGV. DARK M STUDIO se réserve le droit de modifier ses CGV à tout moment ; les conditions applicables sont celles en vigueur à la date de la commande.

Article 2 – Nature and Definition of Services

DARK M STUDIO offers a range of audiovisual services including:

• Aerial photography: Low-altitude drone photography/videography, compliant with national and European regulations.

• Audiovisual production: Production of institutional, advertising, corporate, and artistic films, as well as recording of shows.

• Live streaming: Live broadcast of events (community councils, shows) on digital platforms. DARK M STUDIO undertakes to execute the order in accordance with the approved quote.

• The DARK M STUDIO remote pilot and/or chief operator is solely qualified and has exclusive authority on the mission site with regard to the conduct of operations and compliance with safety rules vis-à-vis third parties and property.

Article 3 – Regulatory Framework and Technical Resources

DARK M STUDIO is registered with the DGAC (France) and the DAC (Luxembourg). Drone missions are carried out in accordance with Regulations (EU) 2019/947 and 2019/945. The equipment used complies with the required technical standards. DARK M STUDIO uses its own high-definition recording equipment, which is maintained in perfect condition. The CLIENT acknowledges that regulatory constraints (prohibited areas, airport protocols) may impact the completion of the mission.

For any international mission, DARK M STUDIO undertakes to operate in accordance with the local regulations in force (EASA regulations for Europe, Federal Aviation Administration - FAA for the United States, etc.). The CLIENT acknowledges that the time required to obtain authorizations may vary depending on the national legislation of the countries concerned.

Article 4 – Order and Contract Formation

• 4.1 Validation: The contract is formed upon receipt by DARK M STUDIO of the quote duly signed by the CLIENT with the words “Agreed and accepted.”

• 4.2 Deposit: Unless otherwise stated, a deposit of 30% of the total amount including tax is required to confirm the reservation.

• 4.3 Cancellation by DARK M STUDIO: DARK M STUDIO may cancel without notice if the necessary administrative authorizations are refused or if safety conditions are not met. In this case, the sums received will be refunded in full, without the CLIENT being entitled to claim additional compensation.

• 4.4 Cancellation by the CLIENT: Any cancellation by the CLIENT will result in the loss of the deposit. If the cancellation occurs less than 48 hours before the assignment, DARK M STUDIO will charge 50% of the total amount as compensation for operating losses.

Article 5 – Meteorological Conditions and Hazards

The provision of services (drone and outdoor filming) is strictly subject to weather conditions (wind, rain, electromagnetic activity). The assessment of these conditions is the sole responsibility of DARK M STUDIO. Unfavorable weather conditions constitute grounds for postponing the mission to a later date agreed upon by mutual consent, and not grounds for cancellation. If the mission cannot be postponed (one-off event), the deposit remains due to cover the preparation costs incurred.

Article 6 – Delivery Times and Shipping

DARK M STUDIO undertakes to use its best efforts to meet deadlines. Delivery dates are indicative. Delays shall in no event give rise to cancellation of the order or payment of damages. Delivery is made after full payment of the balance. If the delivery requires a physical medium (USB key, hard drive), the shipping, postage, and packaging costs are the sole responsibility of the CUSTOMER.

Article 7 – Intellectual Property and Copyright

• 7.1 Moral Rights: DARK M STUDIO retains intellectual property and copyright ownership of all its creations (Laws of 1957 and 1985).

• 7.2 Transfer of Rights: The transfer of reproduction and representation rights is granted to the CLIENT solely for the media, duration, and geographical area specified in the quote. Any use not provided for in the contract will be subject to additional billing equal to five times the amount of the initial transfer.

• 7.3 Music: DARK M STUDIO uses licensed music (such as Artlist). The CLIENT has the right to use the music solely within the delivered film. Any extraction for third-party use is strictly prohibited.

• 7.4 References: Unless otherwise specified in writing, the CLIENT authorizes DARK M STUDIO to use the media produced for its own promotion (social networks, website) and to cite the CLIENT as a commercial reference.

Article 8 – Prices and Payment Terms

• 8.1 Prices: Rates are fixed for one month from the date of issue of the quote. They are exclusive of tax or inclusive of all taxes, depending on the tax status indicated. Travel, meal, and accommodation expenses are charged in addition.

• 8.2 Delays: Any delay in payment shall automatically result in the application of a late payment penalty equal to three times the legal interest rate, as well as a fixed compensation fee of €40 for recovery costs (Art. L441-10 of the French Commercial Code).

Article 9 – Responsibilities and Insurance

• 9.1 Professional Liability Insurance: DARK M STUDIO is covered by Professional Liability Insurance for bodily injury and property damage caused to third parties.

• 9.2 Limitation: DARK M STUDIO's financial liability is limited to the amount actually paid by the CLIENT for the assignment in question. DARK M STUDIO is not liable for indirect damages (loss of profit, business interruption).

• 9.3 Live Streaming: For streaming, DARK M STUDIO is not liable for failures related to the website's internet connection (if not provided by DARK M STUDIO) or server failures on platforms (YouTube, Facebook, etc.).

• 9.4 Storage: DARK M STUDIO stores source files for 90 days. After this period, no claims for lost files will be accepted.

Article 10 – Client Obligations and Third Party Rights

The CLIENT undertakes to obtain all authorizations relating to the image rights of the persons filmed, as well as the property rights of the goods or trademarks appearing in the images. The CLIENT indemnifies DARK M STUDIO against any third-party claims in this regard.

Article 11 – Right of Withdrawal and Mediation

Private customers have a 14-day right of withdrawal for distance sales. For any urgent assignment beginning before this period, the customer expressly waives this right. In the event of a consumer dispute, the customer may refer the matter to the competent consumer mediator free of charge.

Article 12 – Disputes and Jurisdiction

These Terms and Conditions are subject to French law. In the event of a dispute, and after attempting to reach an amicable settlement, exclusive jurisdiction is attributed to the courts of Thionville, even in the event of summary proceedings or multiple defendants.