The following General terms and conditions of sale and use (“General terms and conditions”) are applicable as of April 15, 2018.
Sales to professionals and companies.
Article 1. SCOPE
DreamCatcherHDRI is an online service published by:
Studio Graphy - 2 Rue George Méliès
ZA Croix Bonnet - 78390 Bois-d'Arcy – France.
Ph.: 01 61 37 31 13
S.A.R.L. Studio Graphy Siret : 393 668 918 00039 FR 47 393 668 918
R.C.S. Versailles B 393 668 918
The company Eridia is the owner of the DreamCatcherHDRI brand and the producer of the contents of the HDR images for sale on the site www.DreamCatcherHDRI.com.
These General terms and conditions apply to any sale of standard products (“Products”) between DreamCatcherHDRI (“DreamCatcherHDRI”) and the customer (“Customer”).
Placing any order with DreamCatcherHDRI implies that the Customer unconditionally agrees to the General terms and conditions as possibly amended by the provisions of the quote or order. The Customer acknowledges that the Customer’s own conditions of purchase or any other similar documents do not apply to the sale of the Products throughout the duration of the relationship with DreamCatcherHDRI, and this despite any stipulation to the contrary appearing on any document issued by the Customer (purchase order, general conditions of purchase or other). The Customer’s conditions of purchase, whatever they may be and at whatever time they might have been brought to DreamCatcherHDRI’s attention, are unenforceable against DreamCatcherHDRI, except in the case of prior express and written consent on their part.
The General terms and conditions define the rights and obligations of DreamCatcherHDRI and of the Users (“Users”) of the service in the framework of the use of the service.
The General terms and conditions do not amend the provisions of any other licensing agreement entered into with DreamCatcherHDRI, its subsidiaries or affiliates. In case of conflict, the provisions of the licensing agreement shall prevail. The User confirms that he or she is authorized to accept the General terms and conditions of the site on their own behalf, and that the legal entity in question agrees to indemnify DreamCatcherHDRI in case of breach of the site’s General terms and conditions.
The General terms and conditions are issued in French and in English. In case of conflict with the English translation, the French version shall prevail.
The General terms and conditions are at any time available for the Users’ knowledge on the website www.dreamcatcherHDRI.com (the “Website”), accessible through a hypertext link “Terms of sale and Use” that is placed at the bottom of each webpage.
Article 2. ORDER
To be able to process an online order placed through the Website, DreamCatcherHDRI requires that the Customer create a client account and communicate certain personal data that is necessary to manage the Customer’s order and that will be stored in DreamCatcherHDRI’s database for the sole purpose of said management. In particular, the following information is required in order for DreamCatcherHDRI to confirm an order: first and last name, complete email address, intra-community VAT number (for Users residing within the European Union).
DreamCatcherHDRI reserves the right to ask the Customer for additional information such as the Customer’s telephone number, and to request a written confirmation of the order with the Customer’s handwritten signature (via regular mail or fax) before taking into account the Customer’s order and fulfilling it.
In all cases, the Customer undertakes to provide true and honest information and to inform DreamCatcherHDRI of any changes concerning them. Such information will remain confidential and reserved for the management of orders on the Website. The Customer shall be solely responsible for the use of the client account up to its deactivation. Any attempt to substitute a password or username is forbidden.
All prices are stated in Euros before tax.
Article 3. PURCHASE, DOWNLOAD OF DIGITAL FILES
This article defines the specific conditions associated to the purchase, download and online viewing of the digital files offered on the Website (the “Digital files”). It only applies to this specific service.
3.1 ORDER, PAYMENT AND DELIVERY PROCESS
In order to purchase the HDR images offered on the Website, the Customer shall, after having chosen the intended commercial or non-commercial use, add said HDR image to the cart by clicking on the “Add to cart” button on the Webpage showing said HDR image on the Website. The Client may add to the cart any desired number of HDR images.
Once the HDR image(s) have been added to the cart, to place the order, the Client shall click on the “Proceed to checkout” button on the “My cart” Webpage on the Website. The Customer will then be requested, if he or she hasn’t done so already, to log in to their account or to create a client account if he or she does not already have one.
Once registered, the Customer will be redirected to a Webpage with the order summary, indicating the HDR images that have been added to the cart, the unit price for said HDR images and the total order price. The Customer will be invited to confirm the order by clicking on the “Confirm my order” button.
To confirm the order, the Customer must have ticked the “I accept the Terms of sale and use” box on the Webpage with the order summary. Ticking this box implies the Customer’s acceptance of DreamCatcherHDRI’s General terms and conditions, including the terms and general technical constraints related to the purchase of the Digital files, as presented in the catalog, and the specific conditions related to each product, as presented in the descriptions of the Digital files on the Website.
The Customer may print out the Webpage with the order summary, which specifically includes the acceptance clause, to store the order information. The Customer is invited to take note of the order number that will be requested in case of complaint.
The payment is made by bank transfer or credit card via Paypal.
The Customer may pay the orders using a credit cart. Credit card payments are charged when the order is sent.
When paying, the Customer accesses a secure payment page. The Customer’s credit card number is encrypted for greater security. Following the transaction, the credit card number is not stored. It will be requested again for any new orders.
Once the credit card code is entered and validated, the order is confirmed and may no longer be canceled or refunded.
When the bank has authorized the payment, the Digital file or files become available, and an email containing one or more download links is then sent to the Customer. The access to the purchased Digital files is reserved to the Customer personally and remains valid until the Customer account is deactivated.
When the payment is validated, the Digital file orders are considered to be closed and finalized and shall not give rise to any exchange, return or refund, even if the Customer were to subsequently decide to renounce the download.
The Client acknowledges that the withdrawal period of seven days as provided by article L.121-20-20 of the French Consumer Code cannot apply once the order has been accepted and carried out through the delivery of the Digital files via an email giving access to a FTP link connected to said Customer’s account, which corresponds to a final delivery of the product.
In case of difficulties, and especially if the Customer were to have difficulties in using the Digital files, the Customer may contact DreamCatcherHDRI via email at the following address: contact(@)dreamcatcherhdri.com. DreamCatcherHDRI will not be required to fulfill the Customer’s orders if the price has not been paid in full in advance, in the above-stated terms and conditions.
Also, DreamCatcherHDRI reserves the right to withhold or cancel the supply of the Digital files ordered by the Customer, and/or to withhold the fulfillment of its obligations, if the above-stated terms and conditions of payment have not been complied with.
The services offered by DreamCatcherHDRI are provided at the prices valid at the moment of the order placement, as they are listed on DreamCatcherHDRI’s Website and in accordance with the quote established as stated in the article “Order process” above. All prices are stated in Euros, before tax, shipping included.
An invoice is issued by DreamCatcherHDRI and sent to the Customer upon delivery of the ordered Digital files.
The Digital files ordered by the Customer will be delivered within a maximum timeframe of “1 day” to the email address provided by the Customer.
DreamCatcherHDRI undertakes to make its best efforts to complete the delivery requested by the Customer within the timeframe stated above. However, this timeframe is provided for information purposes only and any delay may not give rise to any damages or interest, withholding or cancellation of the order by the Customer.
Any amount not paid at the due date automatically entails the application of late payment penalties at the interest rate applied by the European Central Bank at its most recent refinancing operation plus 10 percentage points, as well as the payment of a fixed compensation of 40 Euros for collection costs; DreamCatcherHDRI reserves the right to request additional compensation, upon presentation of relevant proof of expenses. Failure to pay all or part of the price at the due date entails the immediate enforceability of all outstanding amounts, even if they have not yet expired and regardless of the method of payment.
Article 4. ACCEPTANCE OF AND AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
The purchase of Products implies that the User wholly and fully accepts General terms and conditions.
Any order placed on the Website is subordinate to the User’s acceptance of the General terms and conditions.
DreamCatcherHDRI reserves the right to amend the content of the General terms and conditions.
The Users will be informed of such amendments no later than thirty days before their enforcement, unless they are dictated by a mandatory rule or court order, in which case their entry into force will be immediate. If a User does not accept the new terms and conditions, he or she must immediately cancel their access to the service under the terms and conditions set out by the articles of the General terms and conditions.
If the User does not delete his or her account after the timeframe stated above, the User is presumed to have accepted the amendments to the General terms and conditions.
Article 5. REGISTRATION AND ACCESS TO THE SERVICE
The access to and the use of the service implies that the User has read and approved the General terms and conditions unconditionally and in advance of registering in one of the ways mentioned below. In order to create a User account and to use the services offered on the Website, the User must register onto the Website using the online registration form that is available in the main menu as well as in the Website’s footer (heading “Sign in”).
In any event, and regardless of the method through which the User registers to the service, the User guarantees that the information he or she provides, directly or indirectly, is accurate, up-to-date and complete with regards to the User’s identity and contact details. The User specifically guarantees that he or she holds the email address provided during the registration process, and that the email is valid and regularly checked. The User also undertakes to update the information in the User account if any part of it has changed, in order to maintain the accuracy of the data.
In any case of registration, the User account is strictly personal and the User shall guarantee that it will not be used by a third party, directly or indirectly, specifically by keeping the username and password confidential.
The User acknowledges that DreamCatcherHDRI reserves the right to withhold or withdraw the User’s possibility to access the service, if the User does not comply with the registration terms and in particular if the User provides false, incorrect, incomplete or outdated information and if the User account is used by a third party.
DreamCatcherHDRI may in no case be held responsible in case of mistakes, omissions or inaccuracy in the information provided by the User under his or her own responsibility.
The User’s username and password that allow the User to access the User account and data are strictly confidential and personal.
The User is solely responsible for any use of his or her User account. The User undertakes to immediately inform the service of any unauthorized use and of any breach in the confidentiality or security of his or her identification data, via email at the following address: contact(@)dreamcatcherhdri.com.
The service is accessible without interruption, subject to the variables related to network availability. The User is also informed that the service may be temporarily unavailable due to maintenance or repairs.
Article 7. Website and Website content ownership
DreamCatcherHDRI offers the User HDR images that are marketed via the Website. Unless otherwise stated, all HDR images published or made available on the Website, including, but not limited to, the logo, photographs, animated images, illustrations, blogs and tutorials (the “DreamCatcherHDRI content”), are the property of DreamCatcherHDRI.
Studio Graphy is the owner of all other data that is published or made available on the Website, including, but not limited to, the text, graphics, data, software, as well as the choice and layout of said elements (the “Studio Graphy content”).
All elements of the Website, including the DreamCatcherHDRI content and the Studio Graphy content, are protected by copyrights, author’s rights, patents, registered trademarks or other laws relating to the protection of intellectual property rights.
Article 8. WEBSITE USE
The Website offers HDR images destined for use in 3D applications in order to allow 3D renderings of the scene(s) as well as for any other still or animated image-making application (the "Content"). The images offered on the Website are mainly aimed at DreamCatcherHDRI’s professional Customers.
The User is not authorized:
a. to download, copy or retransmit all or part of the Website or of the DreamCatcherHDRI content without a license or a written agreement entered into with DreamCatcherHDRI, or in breach of such license or agreement;
b. to use data mining methods, robots or similar data collection or data retrieval methods;
c. to manipulate or display the Website or the DreamCatcherHDRI content by using “framing” or other technology;
d. to save, register or unsubscribe, or to attempt to save, register or unsubscribe a party to a DreamCatcherHDRI product or service if the User has not received express authorization to do so;
e. to reverse-engineer, alter or modify any part of the Website or DreamCatcherHDRI Content;
f. to bypass, disable or otherwise interfere with the Website’s security measures or the system resources, services or networks connected to or accessible from the Website;
g. to sell, license, lend or market the Website or DreamCatcherHDRI content in any way whatsoever, without DreamCatcherHDRI’s written authorization;
h. to use the Website or DreamCatcherHDRI content for any other purpose than those foreseen. Any unauthorized use may constitute a breach of the legislation in force including, but not limited to, legislation regarding copyrights and trademark law, privacy laws and advertising laws, and regulations and laws in the field of communication. The User agrees to comply with all applicable laws and regulations, including, but not limited to, the laws and regulations regarding Internet, data, emails, privacy, and the transmission of technical data from the United States or from the User’s country of residence.
Article 9. COMPLAINTS FOR COPYRIGHT INFRINGREMENT
If the User believes that an element of the Website infringes a copyright that he or she owns or controls, the User may inform our representative of this at the following address: contact(@)dreamcatcherhdri.com.
Article 10. REGISTERED TRADEMARKS
DreamCatcherHDRI’s registered trademarks, the DreamCatcherHDRI logo and any other product or service, names or slogans contained on the Website are trademarks of DreamCatcherHDRI and of thier suppliers or licensors and may not be copied, emulated or used, in whole or in part, without prior written consent by DreamCatcherHDRI or the trademark owner, if applicable.
The User is not authorized to use any metatags or any other "hidden text" using "DreamCatcherHDRI" or any other DreamCatcherHDRI name, mark or product or service name without DreamCatcherHDRI’s prior written consent. Also, the Website’s design and appearance, including headings, customized graphics, button icons and scripts, are DreamCatcherHDRI service marks, trademarks and/or patents and may not be copied, emulated or used, in whole or in part, without our prior written consent. The other marks, registered trademarks, product names and company names or logos appearing on the Website belong to their respective owners. Referring to products, services, processes or other information by naming a trade name, brand, manufacturer, supplier or other does not constitute and does not imply acceptance, endorsement or recommendation by us.
Article 11. LINKS
The User does not have the right to use a DreamCatcherHDRI logo or other graphics belonging to DreamCatcherHDRI to establish a link towards the Website without DreamCatcherHDRI’s express written consent. Also, the User does not have the right to use “framing” techniques on marks, logos or other confidential information belonging to DreamCatcherHDRI, including the DreamCatcherHDRI content, without DreamCatcherHDRI’s express written consent.
Article 12. DATA RELATING TO REGISTRATION AND ACCOUNT SECURITY
By using the Website, the User undertakes to:
a provide accurate, updated and complete information regarding the User in the Website’s forms (the “Registered data”);
b maintain and update the Registered data and all other information provided to DreamCatcherHDRI, and make sure that it is always accurate, updated and complete;
c safeguard the security of the username and password;
d immediately inform DreamCatcherHDRI of any unauthorized use of the account or of any other breach in security;
e accept all responsibility concerning the activities carried out on the account, including but not limited to all applicable tax and to all applicable third-party fees (including, but not limited to, credit card fees, currency exchange fees and customs fees);
f accept all risks connected to an unauthorized access to the Registered data and to all other information that the User has provided to DreamCatcherHDRI.
Article 13. RESPONSIBILITY
DreamCatcherHDRI makes every effort to provide available tools to the Service Users.
DreamCatcherHDRI shall not in any case be held responsible for the access speed to the Service, to the Service data, for download speed or for the temporary suspension or impossibility to access, especially when the suspension or inaccessibility is caused by failures of the telecommunication operators or Internet access providers chosen by the User.
The User is solely responsible for his or her own technical equipment and for its compatibility with the service. The User must prevent any intrusions or viruses in the usual manners (Firewall, antivirus...) which are not DreamCatcherHDRI’s responsibility.
Unless otherwise proven, the data recorded by the Service constitutes proof of all transactions between the Service and its User. The transaction history is available in the personal area of the User account.
Article 14. OTHER PROVISIONS
If any clause of the Website’s General terms and conditions is proven unenforceable, the other clauses shall remain fully valid and continue in effect. All rights not expressly granted herein are reserved.
Article 15. APPLICABLE LAW - JURISDICTION
The General terms and conditions are subject to French law.
Any dispute regarding the formation, the validity, interpretation, termination, consequences of the termination or any other subject related to the General terms and conditions and arising between DreamCatcherHDRI and a User will be subject to the exclusive jurisdiction of the Commercial court of Versailles.