Terms and conditions of sale

1. Identity of the provider

The services are performed by the operator identified in the legal notice, hereinafter "the Provider".

2. Purpose

These terms govern the services supplied for consideration by the Provider through the "Édouard — Natural Intelligence" service, concluded at a distance with the Client. Missions that the Provider proposes to offer free of charge do not constitute a sale and are governed by their own conditions, presented to the beneficiary before acceptance.

3. Legal capacity

The Client declares that they have the legal capacity required to enter into this contract. This declaration is collected when the quote is accepted, in the language in which the Client read these terms, and kept with the proof of acceptance: exact text presented, fingerprint of that text, date and time. It does not constitute a verification of the Client's capacity. No identity document, no date of birth and no information about any personal protective measure is requested for this purpose.

4. Personalised nature of the missions

Each mission is defined individually. The examples shown on the site are illustrative and constitute neither a catalogue, nor an offer, nor a price commitment. Only the accepted quote defines the service.

5. Process

Client's request → review by the Provider → personalised quote → express acceptance by the Client → payment or payment authorisation → performance → declaration of completion → confirmation by the Client or expiry of the response period.

The Provider may issue a revised version of a quote before it is accepted. Only the current version may be accepted; the superseded version is kept in the mission history.

The Client has seven days from the declaration of completion to confirm it or to report a problem. The expiry of this period without a response does not amount to confirmation: it is recorded as an absence of response and does not deprive the Client of any right.

The Client accesses their mission, quote, invoices and file history through a personal link sent to them by email.

When making their request, the Client may indicate a desired date, period or deadline, and state whether it is mandatory. This indication is a request: only the date or period shown on the accepted quote binds the parties. Where it is presented as mandatory, the quote responds to it expressly: it confirms it, proposes another date or states that it cannot be accepted.

The Client may request that the mission start before the end of the period provided for in Article 19, when accepting the quote or later, under the conditions of that Article.

Contracts are concluded exclusively at a distance, by acceptance of the quote from the Client's mission page. No quote is presented for acceptance during a physical meeting, nor immediately after a solicitation made in person by the Provider. Should a contract nevertheless fall under the rules governing off-premises contracts, those rules would apply, in particular the prohibition on receiving any payment before the expiry of a period of seven days.

6. Right to decline a mission

The Provider may decline a request for a legitimate reason, in particular where it exceeds the Provider's skills or availability, or concerns an excluded mission (Article 7); the Provider is not required to state the reasons in detail. A declined request gives rise to no payment and no compensation.

7. Excluded missions

Excluded in particular are missions that are unlawful, dangerous, reserved to a regulated profession, or beyond the Provider's skills.

The Provider accepts a mission only if it can be performed under conditions compatible with the insurance cover the Provider holds at the time of acceptance. The status of this cover is shown in the legal notice.

• The Provider gives no legal, medical or financial advice and no regulated expert opinion.
• An observation report is never an expert assessment, a diagnosis or a guarantee.

8. Content of the quote

The quote states the description of the mission, what is included, what is not, the price of the service, the price of the Provider's travel if any, the external expenses that will remain payable by the Client, the agreed date or time frame for performance and, where applicable, an indication that this date is an essential condition of the contract, any planned involvement of a third party, the specific terms, the chosen payment method, as well as the total amount to be paid or authorised. Where no date has been agreed, the quote states that the mission is performed no later than thirty days after its acceptance. Where the scheduled date falls before the end of the period provided for in Article 19.1, counted from acceptance, starting on that date requires a separate request for early start, offered at the time of acceptance; failing that, a compatible date is agreed before acceptance. Where applicable, the quote states the exception to the right of withdrawal that applies and the reason for it.

The quote is kept as accepted, together with a digital fingerprint making it possible to verify that it has not been modified after acceptance.

The quote and its specific terms are drawn up in French and in English; in the event of any discrepancy between the two versions, the French version prevails, without prejudice to the interpretation most favourable to the Consumer Client or non-professional Client in case of doubt.

9. Price

The price is the one shown on the accepted quote. All prices are expressed in euros, all taxes included. The Provider is subject to the French VAT franchise scheme for small businesses (franchise en base de TVA). VAT is therefore not applicable: the prices shown are net prices, without VAT, and no VAT can be deducted by the Client.

Any budget indicated with the request is neither a price, nor a cap, nor a commitment.

Prices given as examples on the site are orders of magnitude. Unless otherwise stated, they include neither the price of travel nor external expenses. Only the amounts shown on the accepted quote bind the parties.

10. Travel and mission expenses

Travel. Where the mission requires the Provider to travel, its price appears on a separate line of the quote. This price remunerates the Provider's journey and covers all costs of that journey, in particular fuel, tolls, parking and, where applicable, the Provider's travel tickets.

Accommodation. Where the mission requires the Provider to stay overnight on site, the cost of the Provider's accommodation is included in the price of travel. Any accommodation required by the Client, where payable by the Client, falls within the external expenses below.

The Provider's travel and accommodation costs are neither re-invoiced separately nor presented as expenses of the Client.

Advance personal costs. Where the Provider must incur, before the mission, significant or non-refundable personal costs, for example a travel ticket or accommodation booked in advance, the Provider first obtains the Client's explicit agreement, in the quote or in writing, on the nature of these costs, their maximum amount and the conditions under which they are taken into account in the event of cancellation. Where the mission is performed, these costs remain included in the price of travel and are never invoiced in addition. Without such agreement, they remain payable by the Provider in the event of cancellation. This agreement does not alter the rights granted to the Client by law, in particular the right of withdrawal: in the event of withdrawal, only the sums provided for in Article 19 may be due.

External expenses. Expenses required by the mission on the Client's behalf — purchases, admissions, tickets, accommodation or activities intended for the Client, for example — are paid directly by the Client to the supplier, in the Client's name. The quote states them, with an order of magnitude or a maximum amount given for information. These amounts are neither collected nor pre-authorised by the Provider.

No expense is incurred on the Client's behalf without the Client's prior agreement. The Provider advances no sum on the Client's behalf.

11. Payment

Payment is made online. Payments are processed by Stripe; the Provider neither receives nor stores any bank card data.

Before acceptance, the quote states which of the following two payment methods the Provider adopts for the mission:

• Immediate payment: the amount is collected upon acceptance of the quote.
• Payment authorisation: the amount is authorised on the Client's card upon acceptance of the quote, without being collected, then charged in full upon the declaration of completion. An authorisation is valid for only a few days: this method is adopted where performance can take place within that period. This mechanism is neither an escrow nor a security deposit.

If an authorisation expires before collection, the Client is informed by email and on their mission page, from which they can give a new authorisation; no amount is charged without the Client's agreement. As long as no new valid authorisation has been given and no other payment agreed between the parties has been obtained, the mission does not start or its performance is suspended. The expiry of an authorisation does not end the contract. If the situation persists, the parties agree on a postponement or on closing the contract; failing agreement, the Provider may terminate the contract only after a formal notice that has remained without effect within a reasonable period, by a reasoned notification, under the conditions of Article 1226 of the French Civil Code (code civil). No termination is automatic, no penalty is due and no sum is charged automatically. Any sums due are established and settled under the conditions of Article 12.2.

No mission starts without a collected payment or a valid payment authorisation.

The amount paid or authorised is the total of the quote: price of the service and, if any, price of travel. External expenses are not included.

An invoice is issued for each paid mission and made available to the Client.

The accepted quote, which describes the service and its total price, is made available to the Client before any payment and is sent to the Client with the confirmation of its acceptance. The invoice is issued when the amount is actually collected, and states that it has already been paid.

12. Cancellation, ending of the mission and financial consequences

12.1 Client's right. The Client may end the mission at any time, by a notification sent from their mission page or by email. The Client does not need the Provider's agreement. The notification takes effect upon receipt; the Provider acknowledges receipt by message or by email and ceases work, subject only to the operations necessary for a secure closure, such as returning an object or keys.

This right is distinct from the right of withdrawal (Articles 18 and 19) and from the remedies available to the Client in the event of a failure by the Provider (Articles 15 and 16). Where the Client's situation gives the Client one of these rights, the corresponding rules apply, whatever the means used to notify it.

12.2 Financial consequences. No penalty or flat-rate cancellation fee is due. The Provider may only retain or claim:

• remuneration for the work actually performed before receipt of the notification, including preparatory work, to the extent that this work is objectively established, proportionate to the agreed price and assessed in the light of its nature, extent and usefulness;
• reimbursement of the personal costs actually incurred by the Provider for the mission with the Client's prior agreement, under the conditions and within the limit provided for in Article 10, which are neither recoverable nor reusable, and which are covered neither by the price of a service actually due nor by another sum retained or claimed under this Article.

Work that has begun is not for that reason due in full. The Provider sends the Client, within fourteen calendar days of receipt of the notification, a written and reasoned statement of account indicating the sums retained, refunded or, where applicable, still due, and the elements justifying them. This period does not delay any refund due by law. Where no sum is retained, the full refund or the release of the authorisation takes place without waiting for the statement of account. Where the payment is only authorised, the authorisation is released in full; if an amount is retained, the Provider requests its payment from the Client in writing, together with the statement of account, and that amount is paid by bank transfer, without any charge to the Client's card. The statement of account does not amount to a waiver by the Client of their rights; the Client may contest it by a complaint (Article 17) and then, where applicable, before the mediator (Article 20) or the courts.

Sums whose refund is not disputed are refunded without waiting for the outcome of the discussion on the remainder, within fourteen days of the statement of account being sent. Where a refund results from an agreement between the parties, it is made no later than fourteen days after that agreement. These periods do not apply where the law requires a refund within another period or from another event, in particular in the event of withdrawal (Article 18) or termination of the contract (Article 15), which then follow their own rules.

Refunds of collected sums are made by the same means of payment; an uncollected payment authorisation is released. Where a sum owed by the Provider exceeds the amount collected, it is paid by bank transfer, on the basis of a written statement of account, within the periods provided for in this Article or, where they apply, within the statutory periods.

12.3 Cancellation by the Provider. The Provider may end a mission that they can no longer perform. The Provider informs the Client by a reasoned message and refunds all sums paid, without delay and no later than fourteen calendar days, subject to any shorter statutory period; an uncollected payment authorisation is released. These provisions apply without prejudice to the compensation provided for in Article 16 where the cancellation is attributable to the Provider.

12.4 External expense rendered useless. Where a cancellation attributable to the Provider definitively renders useless an external expense that the Client paid specifically for the mission, the Provider compensates the resulting direct loss. This loss is assessed according to the circumstances, in particular whether the expense is refundable or reusable and the benefit the Client retains from it. The compensation is not a flat rate and does not necessarily correspond to the full amount of the expense. It is not due where the cancellation results from force majeure or from the Client's own act.

12.5 Limit. The specific terms of a mission may neither remove nor restrict the rights granted to the Client by law in view of the Client's status and the circumstances in which the contract was concluded, in particular the right of withdrawal where applicable, the right to a refund in the event of non-performance and the right to compensation. Any provision to the contrary is deemed unwritten.

13. Refund

A refund can never exceed the amount actually collected, less any amount already refunded. It is made to the original means of payment, through Stripe; the time before the funds reappear depends on the Client's bank. The refund reference is communicated to the Client.

Where such a refund is technically impossible, it is made by bank transfer, at no cost to the Client; where the law so requires, in particular in the event of withdrawal, this change of means requires the Client's express agreement, obtained in writing. Each refund is referenced and reconciled with the original payment, so that the same sum cannot be refunded twice.

Sums owed by the Provider beyond the amount collected, in particular as compensation, are not refunds; they are paid under the conditions of Article 12.2.

Where an invoice has already been issued, a credit note is drawn up and made available to the Client.

Where the payment was only authorised and not collected, there is no refund: the authorisation is released and no amount is charged.

14. Performance, completion and involvement of a third party

Missions are performed personally by the Provider.

Exceptionally, where the nature of the mission so requires, the Provider may involve a third party for a specified part of it. Such involvement requires the Client's express prior agreement, the third party and the part of the mission concerned being identified:

• where the involvement is planned from the outset in the quote, by a separate express agreement, obtained in writing in the mission conversation before acceptance of the quote;
• where it becomes necessary during the mission, by a written agreement obtained before continuing.

The agreement is kept with the mission file. The Provider verifies the skills and, where they exist, the required authorisations, as well as the compatibility of the involvement with the Provider's insurance cover.

The Client's refusal is not a failure on their part and gives rise to no penalty. The Provider then performs the mission personally where possible, or proposes an adaptation subject to the Client's agreement. Failing that, the consequences of the impossibility of continuing are examined case by case, in the light of the commitments in the quote, the circumstances that made the third party indispensable, the responsibilities of each party, the expenses actually incurred and whether they are refundable or reusable, and the rights granted to the Client by law. No expense is charged in full to the Client solely because of their refusal.

The Provider remains solely responsible to the Client for performing the mission. The involvement of a third party creates no contract between the Client and that third party, and the Provider carries on no intermediation activity.

15. Time of performance, delay and non-performance

15.1 Date. The mission is performed on the date or within the time frame stated in the accepted quote. Failing that, it is performed without undue delay and no later than thirty days after the conclusion of the contract. Any subsequent change to the agreed date requires the Client's agreement, obtained in writing and kept in the mission history.

15.2 Information. In the event of delay or impossibility, the Provider informs the Client as soon as the Provider becomes aware of it and proposes a solution. The Client remains free not to accept it.

15.3 Remedies of the Consumer Client. If the Provider fails to supply the service on the agreed date or within the agreed time frame, the Client may:

• give notice suspending payment of all or part of the price until the Provider performs, under the conditions of Articles 1219 and 1220 of the French Civil Code (code civil);
• terminate the contract if, after giving the Provider formal notice to perform within a reasonable additional period, the Provider has not performed within that period;
• terminate the contract immediately where the Provider refuses to perform or it is clear that the Provider will not perform, or where the date or time frame was an essential condition of the contract, in view of the circumstances in which it was concluded or of an express request made by the Client before its conclusion.

The contract is terminated upon receipt by the Provider of the written notice informing the Provider thereof, unless the Provider has performed in the meantime. The Provider then refunds all sums paid, or releases the uncollected payment authorisation, no later than fourteen days following the termination of the contract; failing that, the sums due are increased under the conditions of Article L241-4 of the French Consumer Code (code de la consommation). These remedies are without prejudice to damages.

15.4 Defective performance. In the event of defective performance, the Client has the remedies provided for in Article 1217 of the French Civil Code (code civil). The Provider examines each report (Article 17); the solutions the Provider proposes do not limit those remedies.

16. Liability

The Provider is liable for failures to perform their obligations under the conditions provided for by law. The Provider undertakes to apply the agreed means to perform the mission; the Provider does not guarantee results that depend on circumstances outside their intervention.

Reports, observations and content delivered to the Client reflect what the Provider personally observed at a given time. They constitute neither an expert assessment, nor a diagnosis, nor a guarantee, and do not relieve the Client of the need to call on a qualified professional where the situation so requires.

No clause of these terms has the purpose or effect of removing or reducing the right of the Consumer Client to compensation in the event of a failure by the Provider to perform any of their obligations.

The existence, extent or absence of insurance cover does not affect the Client's rights: sums owed by the Provider remain owed, whether or not they are covered by the Provider's insurer.

17. Complaints and reports

The Client may report a problem at any time, including during performance of the mission, in particular a delay or a non-performance, by a message from their mission page or by email to missions@serotonin-app.com. The Provider acknowledges receipt and responds. Content that the Client considers illegal may also be reported under the conditions set out in the legal notice ("Reporting content").

The Provider examines the circumstances and supporting documents, and discusses them with the Client. A complaint may lead to a correction, an additional intervention, a full or partial refund, another agreement or a reasoned refusal; it does not in itself entail the cancellation of the contract. The solutions proposed do not limit the Client's statutory remedies, and the Client remains free to refuse them. Where an agreement is reached by telephone, it is confirmed in writing.

An administrative closure does not amount to a waiver by the Client of their rights. A complaint addressed to the Provider is distinct from a chargeback with the bank.

18. Right of withdrawal

The Consumer Client has a period of fourteen days from the conclusion of the contract, that is, from acceptance of the quote, to withdraw without giving any reason. The day of acceptance is not counted; if the period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.

To exercise this right, the Client may:

• use, on their mission page and throughout the period, the entry "Withdraw from the contract", which replaces during that period the usual entry "Cancel / end my mission" and directly opens the withdrawal statement; the Client enters their name, the mission concerned and the email address at which they wish to receive the acknowledgement of receipt, then submits it with "Confirm withdrawal";
• send an unambiguous statement by email to missions@serotonin-app.com or by post to 37 chemin de Kergonan, 29000 Quimper, France;
• use the model withdrawal form, shown on the Withdrawal page and attached to the confirmation of the contract, sent by email or by post, its use not being mandatory.

This entry remains available throughout the period, including where the period is extended or prolonged by law, whatever the stage of progress of the mission; during that period, only a withdrawal already recorded ends it. Outside that period, or where the Client does not have the right of withdrawal, the same entry reads "Cancel / end my mission" and opens the procedure of Article 12.

The withdrawal takes effect as soon as it is notified within the period; it is not subject to any acceptance or validation by the Provider. The Provider sends the Client without delay an acknowledgement of receipt on a durable medium stating the content of the statement and the date and time of its submission. A Client who no longer has access to their mission page may exercise the right by email, by post or by means of the model form, which have the same value; the Client may also receive their personal link again, at the registered email address, from the Withdrawal page of the site.

The Provider refunds all sums paid, subject to Article 19, without undue delay and no later than fourteen days after being informed of the decision, by the same means of payment, unless the Client expressly agrees to another means, at no cost to the Client; where the payment was only authorised and not collected, the authorisation is released; where no payment has yet been made or authorised, since the mission could not have started, no sum is due. The cancellation rules of Article 12 do not apply to a withdrawal.

19. Start of the mission and performance before the end of the withdrawal period

19.1 Principle. For all Clients, the mission does not start before the expiry of a period of fourteen days from acceptance of the quote, unless an early start is requested. The date shown on the quote never amounts, on its own, to a request for early start. Where the quote provides for a date before the expiry of this period, the Client is invited, at the time of acceptance, to make a separate request; if the Client does not make it, the Provider proposes a compatible date, and the acceptance relates to the revised quote stating it. The Client may also make this request after acceptance, from their mission page, as long as the mission has not started.

19.2 Consumer Client. For the Consumer Client, this period is that of their right of withdrawal (Article 18). The Client may request that the mission start before it expires, by means of a separate and optional box, never pre-ticked, when accepting the quote or later from their mission page as long as performance has not started. By ticking this box, the Client expressly requests the early start and acknowledges that they will lose their right of withdrawal once the mission has been fully performed. The date, time, exact text presented and its version are kept. The text of this box is as follows: "I expressly request that my mission start before the end of my fourteen-day withdrawal period. I understand that, if I withdraw after the mission has started, an amount proportionate to the service actually provided may be due, under the conditions provided for by law. I acknowledge that I will lose my right of withdrawal once the mission has been fully performed." A request made after acceptance is confirmed to the Client by email; the confirmation of the contract, together with the model withdrawal form, is sent to the Client before the mission starts. This request is not a waiver of the right of withdrawal; full performance is assessed in the light of the service actually provided, the declaration of completion not being sufficient, on its own, to establish it.

If the Client withdraws after the mission has started at their request, an amount corresponding to the service provided up to the communication of their decision, proportionate to the total agreed price, may be due; if that price is excessive, the amount is calculated on the basis of the market value of what has been provided. No sum is due if the request was not obtained or if this information was not given before the conclusion of the contract. The Provider sends the Client a written and justified statement of account. The assessment is individual: it relates the share of the service actually provided up to the communication of the decision to the total agreed price, assessed according to the mission in the light of the quote, the stages completed, the deliverables handed over and the time spent. No flat-rate percentage is applied. Depending on the payment method:

• collected payment: that amount is retained and the balance refunded within the period of Article 18;
• payment only authorised: the authorisation is released in full, and that amount is requested from the Client in writing, together with the statement of account, then paid by bank transfer, without any charge to their card;

Where the mission has been fully performed before the end of the period, at the Client's express request and with their acknowledgement, the right of withdrawal can no longer be exercised.

19.3 Business Client. Except in the case provided for in Article 25 for off-premises contracts, a Client who contracts for the purposes of their business activity does not have the right of withdrawal; in that case, Articles 18 and 19.2 apply to them as to a Consumer Client. Outside that case, the period of Article 19.1 is for that Client merely an organisational rule of the Provider; it confers no right of withdrawal. The Client may request an early start of the mission by a separate request, which contains no acknowledgement relating to a right of withdrawal they do not have. The text of this request is as follows: "I request, for the purposes of my business, that the mission start before the end of the fourteen-day period provided for in Article 19.1 of the General Terms and Conditions." During this period as afterwards, the Client may end the mission under the conditions of Article 12.

20. Consumer mediation

After a written complaint that has remained unresolved, the Consumer Client will be able to refer the matter free of charge to a consumer mediator, whose contact details will be provided before requests open.

21. Applicable law

These terms are governed by French law. The French version prevails, without prejudice to the interpretation most favourable to the Consumer Client or non-professional Client in case of doubt.

Where the Client is a consumer residing in another State, this provision does not deprive them of the protection afforded by the mandatory provisions of the law of their habitual residence.

No clause of these terms confers jurisdiction on a particular court. The Consumer Client may bring proceedings before the court of their place of residence.

22. Version

The version of the terms applicable to a mission is the one accepted by the Client at the time of acceptance of the quote. This version is recorded with the proof of acceptance, and the corresponding text is kept and communicated to the Client on simple request. A subsequent change does not apply retroactively.

23. Personal data

The personal data processed in connection with a mission, the purposes of processing, the recipients and the Client's rights are described in the privacy policy, accessible from the legal information on the site.

24. Images, content and publication

24.1 Provider's own communication content. The Provider may film, photograph or record certain moments of a mission for the Provider's own communication, in particular on social networks. The Provider does so openly, informing the persons concerned where necessary, in particular in a private place, of the purpose of the recording, and with respect for their private life; these persons may object. Consent to a recording, where required, does not amount to authorisation to disseminate it. The Provider refrains from any shot that would make it possible to identify a minor. If, despite this precaution, a minor accidentally appears in an identifiable way, the images concerned are deleted or made non-identifiable before any dissemination; such deletion does not amount to authorisation of the recording. No prior authorisation is requested for each mission or each shoot. The Provider favours shots in which no person is identifiable. This content belongs to the Provider; it is not delivered to the Client and confers no right on the Client.

24.2 Identifiable persons. Recording and dissemination are distinct. Acceptance of a quote authorises no dissemination that would make it possible to identify the Client; nor does it amount to consent to a recording where such consent is legally required. Where the dissemination of an image, a voice recording or information making it possible to identify the Client, their home or their mission requires the Client's authorisation, that authorisation is obtained in writing before dissemination, separately from these terms and from the quote, and specifies the content concerned, the purpose of the dissemination, the publication media and the duration. This authorisation is never a condition of the mission and refusing it has no effect on the mission or its price. The Client may withdraw it at any time, for the future, by a message sent to the Provider; the Provider then removes the publications under the Provider's control, without being able to guarantee the disappearance of copies made by third parties. In the absence of a necessary authorisation, the Provider disseminates no image and no sound making it possible to identify the person. The same rules apply to other persons present. No image or sound making it possible to identify a minor is disseminated.

24.3 Creations delivered to the Client. Reports, photographs and content delivered to the Client in connection with their mission are intended for the Client. Where the quote provides for the delivery to the Client of a creation (text, photograph, video, recording or other creation), the Provider retains the copyright in it, subject to the rights of the persons depicted and of third parties. Unless otherwise stipulated in the specific terms of the quote, the Provider grants the Client, for the price of the mission, a non-exclusive, non-transferable licence to use this creation, worldwide and for the entire term of copyright protection provided for by law:

• to the Consumer Client, for their personal needs only and those of their family circle, excluding any commercial or advertising exploitation and any dissemination to the public, including on social networks;
• to the Business Client, for their internal needs only, within their business, excluding any communication to the public, any commercial or advertising exploitation and any making available to a third party.

For these purposes only, this licence includes: the right to reproduce the creation and keep copies of it, on any medium; the right to perform it, that is to show or project it, within the family circle of the Consumer Client or within the business of the Business Client; the right to make only such technical adaptations as are necessary for these uses (format, compression, cropping without distortion). It does not include the right to modify the creation in a way that would undermine its integrity. Mention of the Provider's name is not required for these uses. Any other use, in particular publication on social networks, requires a written agreement, stipulated in the specific terms of the quote, specifying each of the rights granted, their scope, their purpose, the territory, the duration and, where applicable, their price. The Provider's own communication content (24.1) does not fall within this paragraph; the Provider uses a delivered creation for the Provider's own communication only under the conditions of Article 24.2.

Where the Client gives the Provider materials for the mission (photographs, texts, documents), the Client authorises the Provider to use them solely for performing the mission and declares that they hold the necessary rights.

25. Business Clients

These terms apply to every Client. The provisions below also concern the Client who concludes the contract for the purposes of their business activity.

Client status. Whether the Client is a consumer or a business is assessed in the light of the purpose of the mission, and not merely from the presence of a company name on the invoice. A natural person who orders a mission for purposes outside their business activity, or whose business purpose is not predominant in the contract as a whole, is treated as a consumer. A legal person that is not acting for business purposes benefits from the protective rules applicable to non-professionals, but not from the right of withdrawal; for such a person, the period of Article 19.1 is an organisational rule. The status declared at acceptance of the quote is kept with the proof of acceptance; it is an indication, which does not bind the Provider where the Client's actual situation or the purpose of the mission differs. In case of doubt, the Provider applies the most protective rules.

Right of withdrawal. The right of withdrawal under Articles 18 and 19 is a right of the Consumer Client. A Business Client who concludes the contract at a distance does not have it. The Business Client does, however, have it, under the conditions and within the limits set by law, where the contract is concluded off-premises, the subject of the mission does not fall within the scope of their main activity and they employ no more than five employees.

Payment terms. Payment precedes performance: the amount is collected or authorised according to the payment method stated in the quote (Article 11), and in any event before the mission starts. The Provider grants no payment period and, consequently, no discount for early payment.

Late payment. Should any amount remain due, late-payment penalties are payable by operation of law at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, together with a fixed indemnity for recovery costs of €40.

Invoicing. The invoice bears the mandatory particulars between businesses, and includes the company name, billing address, company identifiers and VAT number declared at acceptance.

The start period provided for in Article 19.1 does not constitute a right of withdrawal.

26. Missions involving travel abroad

A mission may involve travel outside France where the quote expressly provides for it.

The quote then states the destination, the price of the Provider's travel, the external expenses that will remain payable by the Client and the formalities for which the Client remains responsible for themselves.

Before acceptance, the Provider verifies that the mission is compatible with the applicable formalities and with the geographical scope of the Provider's insurance cover. Failing that, the mission is not offered.

These terms and French law remain applicable, within the limits provided for in Article 21.