Sales Conditions

Acceptance of our Conditions

Our general conditions of sale and delivery, as well as any special conditions, are deemed to be accepted by the customer even if they contradict their own general or special conditions.

These are therefore only binding on us if we have expressly accepted them.

Prices

Unless otherwise provided in the contract, our offers and price lists are purely indicative and do not bind us in any way.
Unless otherwise stated, our prices are subject to change without notice.

The prices mentioned in any offer are net and must always be converted into EUR (Euro) regardless of the currency in which the contract is established.

Packaging Costs and Transport Insurance

Unless otherwise agreed, our goods are sold without packaging costs and shipping costs are the responsibility of the customer.
Unless otherwise agreed or explicit insurance is taken out, all our shipments are made at the buyer's risk.

Complaint

Any complaint or comment must be made in writing to Sphere within eight days after delivery or acceptance of a product or service.

Retention of Title

The goods or products resulting from the provision of services remain the property of Sphere until the entire sale price and all accessories (fees, taxes, compensation due, late payment interest, etc.) have been effectively paid in cash or have been effectively credited firmly and definitively to one of its bank accounts.
Until this time, Sphere may claim the goods and products from the customer at any time by registered letter, prohibit their use, and hold them liable for any partial or complete deterioration or damage.
The customer may, where applicable, be required to return the goods or products to the original condition of sale and to repair any damage or deterioration that these goods or products have suffered compared to their new condition.
The same applies to software, which remains the exclusive property of the manufacturers. The customer or user of the latter may not, in any form whatsoever, transfer, grant, pledge, communicate or lend them for consideration or free of charge.

Delivery Times for Goods and Products

Delivery times are given for information purposes only and are not binding on us in any way. A delay in delivery will not give rise to any compensation, fine, or termination of contract by the customer.

Operating Damage

Unless otherwise agreed or specifically agreed, Sphere is not liable for operating or other damages, or personal accidents, caused by the use of our goods or services, even if the accident or damage is caused by a design or construction fault or faulty adjustment.

Payment - Payment conditions for invoices

The amounts invoiced are due on the invoice date and payable within 30 (thirty) days of the end of the month following this date unless otherwise stipulated. The payment deadline is explicitly stated on each invoice.
Failure to comply with this date will result in the application of the measures for late payment provided for in this document.
Payment fees (international transfer, mali on exchange, agio or payment commission) are the responsibility of the customer. A payment is considered to be effectively credited only and as soon as Sphere receives in cash or on one of its bank accounts on a firm and definitive basis the exact amount appearing on the invoice(s) it has issued.

Payment - Limitation Period

The limitation period for a claim is one year. This period is interrupted when the customer sends Sphere a written complaint or when Sphere sends any payment reminder, even by simple letter or email.

Payment - Consequences of Failure to Pay Invoices

A late payment surcharge is applied to the amounts remaining due on the payment deadline shown on the invoice. The amount of this surcharge is equal to one and a half times the legal interest rate. Any formal notice to pay results in an increase of 15 (fifteen)% excluding tax on the amounts remaining due.
It is calculated on the amount excluding tax of the amounts due, in indivisible periods of fifteen days from the first day of delay, with a minimum collection of file management fees, the amount of which is 50 (Fifty) Euros.

Suspension and Termination

Sphere may also suspend all or part of the services in the event of non-payment of an invoice. Sphere may also terminate the contract or any work, performance, development, or production by operation of law after sending a formal notice to the client.

Unpaid Debt Fees

The various fees that may result from unpaid or partial payments are the responsibility of the customer, unless otherwise provided by law or regulations.

Suspension - Termination of Sphere Contract

Apart from the cases provided for in the event of late payment, non-payment or partial payment, Sphere may suspend or terminate the provision of its services if the client does not comply with the obligations arising from this contract.
The suspension may occur after formal notice to the client by registered letter with acknowledgment of receipt, which has remained without effect for a period of fifteen days from the date of receipt or filing of the formal notice.
Sphere may then terminate a contract automatically, without further formal notice, if the formal notice has remained without effect after a period of fifteen days following the suspension of services.

Protection of Personal Data - Right of access and rectification

The customer may request the communication of information concerning him/her in Sphere's administrative files and have it rectified if necessary, in accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms.

Exclusive Jurisdiction

In the event of a dispute or contestation for any reason concerning the execution of all or part of a sale or contract, only French law and the High Court of Périgueux or the Commercial Court of Sarlat shall apply.
These courts are granted exclusive jurisdiction by this contract.

Special Conditions of Phonographic Production

Article 1: General

In accordance with Articles L.6352-3 et seq. and R.6352-1 et seq. of the French Labor Code, the conditions and rules below are intended to define the general and permanent rules and to specify the regulations regarding health and safety as well as the rules relating to discipline and respect in our studio. Everyone must respect the terms of these regulations throughout their presence in our studio.

Article 2: Persons Concerned

These Rules apply to all persons present at a studio session provided by Sphere France, for the entire duration of the Session. Each participant or guest is considered to have accepted the terms of these rules when participating in a session at the Sphere studio.

Article 3: General Rules

Preventing the risk of accidents and illness is imperative and requires everyone to comply with:
 o The applicable health and safety regulations within Sphere France premises.
 o Any instructions imposed by Sphere France management or staff, particularly regarding the use of the equipment provided.
 o Each person must ensure their personal safety and that of others by complying with the general and specific health and safety regulations in force. If they notice a malfunction in the security system, they must immediately notify Sphere France.
 o Failure to comply with these instructions exposes the person to financial penalties or potentially exclusion from the session.

Article 4: No Smoking

Pursuant to Decree No. 92-478 of May 29, 1992, establishing the conditions for implementing the smoking ban in areas designated for collective use, smoking is prohibited on Sphere France premises. Similarly, it is prohibited to bring any beverage, and more generally any liquid or food, into the studios; the kitchen and rest areas are designated for this purpose.

Article 5: Alcoholic Beverages and Drugs

The introduction or consumption of drugs or alcoholic beverages on the premises is strictly prohibited. It is prohibited for persons to enter or remain in the studio while intoxicated or under the influence of drugs.

Article 6: Catering

The meal(s) offered by Sphere France take place on our premises. Meals are served at 1:30 p.m. and 8:00 p.m., unless otherwise directed by our clients, depending on the session and its requirements. For obvious logistical reasons, we request one hour's advance notice of any changes.

Article 7: Accident

Any accident or incident occurring during or during a Session must be immediately reported to the Sphere France manager by the injured person or any witnesses.In accordance with Articles R.6342-1 et seq. of the French Labor Code, any accident occurring to any person while in our studios or while traveling to or from them must be reported to the social security fund by the Sphere France manager.The Sphere France manager will take the appropriate steps regarding medical care and file the report with the relevant social security fund.

Article 8: Fire Instructions

In accordance with Articles R.4227-28 et seq. of the French Labor Code, fire instructions, including a map showing the location of fire extinguishers and emergency exits, are posted in the training premises so that everyone is aware of them. Everyone present must read them.In the event of an alarm, everyone present must cease all activity and calmly follow the instructions of the authorized Sphere France representative or the emergency services. Anyone who witnesses a fire must immediately call for help by dialing 18 from a landline or 112 from a mobile phone and alert a Sphere France representative.

Article 9: Session Schedules

Session schedules are set in agreement with our clients and session participants. Once validated and accepted, participants are required to adhere to these schedules.In case of absence or lateness, participants must notify either the sound engineer assigned to the session or the Sphère France manager.

Article 10 - Absences from a Session, Session Postponement

In the event of absence or postponement of a session, the client must notify or agree to a postponement 48 hours before the start of the session. Any absence or postponement not validated will be billed at the rate on the order form signed by the client.

Article 11: Access to the Studio

During a session, access to the studio is granted to anyone necessary for the session or invited by the client. The client confirms that, aside from Sphere France staff, they have informed all those invited to a session of the conditions herein and the rules to be observed within the studio.

Article 12: Dress and Behavior

Individuals are asked to arrive at each session dressed modestly and to behave appropriately towards everyone present, ensuring compliance with basic rules of etiquette, community behavior, and the smooth running of the sessions.

Article 13: Use of Equipment

Unless specifically authorized by Sphere France, studio equipment is used only within the studio. No equipment may be taken outside Sphere France premises.Each person is required to keep the equipment entrusted to them in good condition for the session. Individuals are required to use the equipment for its intended purpose. Access to all equipment is also available upon request.No person present during the session may move or use the equipment without the authorization of a Sphere France staff member.Every person is required to keep the equipment entrusted to them for the session in good condition. They must use it for its intended purpose and in accordance with the rules issued by Sphere France. Each person must immediately report any equipment anomalies to Sphere France.At the end of the session, each person is required to return all equipment and documents in their possession belonging to Sphere France.

Article 14: Insurance

The use of equipment and furniture by any person attending a session is at their own risk.Any damage evidently caused to any equipment or furniture present within the studio by any person present at a session will result in a repair or repurchase invoice being invoiced to the client for the current session.It follows that each person and each client agrees to pay for any damage caused during a session and that it is therefore advisable for the latter to have personal or professional insurance to cover any damage incurred during a session.

Article 15: Order Form and Deposit

Each session is subject to an order form, which the client must sign and validate before the session begins. Each session is also subject to a deposit invoice, which must be paid before the session begins.Validation of the order form and payment of the deposit are required to definitively reserve a studio session.Any deposit paid is final and cannot be refunded by Sphère France.

Article 16: Session Report

The signed order form represents a budget limit that must not be exceeded unless otherwise agreed upon by the client during the session.At the end of the session, a session report is provided to the client for validation and signature. This report contains all services or goods actually sold and used during the session and serves as the basis for invoicing the client.

Article 17: Retention of Title

The services, goods, or products resulting from the provision of services remain the property of Sphere until the full sale price and all incidentals (fees, taxes, compensation due, late payment interest, etc.) have been effectively paid and have been effectively and definitively credited to one of its bank accounts.Until this time, Sphere may claim the goods and products from the customer at any time by registered letter, prohibit their use, and hold the customer liable for any partial or complete deterioration or damage.The customer may, where applicable, be required to return the goods or products to their original condition and to repair any damage or deterioration that these goods or products may have suffered compared to their new condition.The same applies to masters or audio files in any known format resulting from the studio session, which remain the exclusive property of Sphere until payment is made.

Article 18: Confidentiality of Sessions

Sphere France and all the personnel that Sphere France makes available to its clients are bound by complete confidentiality regarding the content and conduct of sessions.All material produced, even if retained by Sphere, is for backup purposes and may not be published or used outside of the client's needs and at the client's express request, except at the client's request.

Article 19: Valid Email Address and Emergency Calls

The email address to use to send any information, such as an absence or a request to postpone a session, is: info@sphere-france.com. The telephone number for urgent calls, from 9:00 a.m. to 6:00 p.m., preferably on weekdays, is +33 (0)5 53 03 25 06

Article 20: Exclusive Jurisdiction

In the event of a dispute or challenge, for any reason, regarding the performance of all or part of a sale or contract, only French law and the Périgueux High Court or the Sarlat Commercial Court shall apply.These courts are hereby granted exclusive jurisdiction.

Article 21 - Scope of the Contract Clauses

All the clauses of this Contract act as specific conditions and provisions with respect to the general conditions of Sphere France.