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Terms and Conditions of Sale

Constance Texier, independent designer in jewelry & precious objects, art direction, 3D images/animation, creative staging (AI + 3D) and visual/editorial design — Artists-Authors regime.
Legal details: SIRET 79756540500025 – Paris – France.

These Terms and Conditions of Sale (the “T&Cs”) apply to any order placed and any sale concluded between Constance Texier (“Constance Texier” or the “Service Provider”) and her customer, whether a natural or legal person (the “Client”), subject to any specific conditions that may be set out in the quotation accepted by the Client.

These T&Cs are available in PDF upon request at contact@constancetexier.com.

 

ARTICLE 1 – PURPOSE

These T&Cs govern the contractual relationship between the Client and Constance Texier for the sale of services, principally:

  • visual creation of collections and pieces (jewelry & precious objects), drawings, and briefs for workshops;

  • art direction, creative staging (AI + 3D set design), 3D renderings and video animations.

Each service is subject to a quotation specifying scope and deliverables. The Client’s signature of the quotation constitutes express and unconditional acceptance of these T&Cs, which prevail over any other terms (including the Client’s purchasing terms), save for any special conditions included in the quotation. Quotations are valid for the period stated therein.

 

ARTICLE 2 – CONTRACT FORMATION AND COMMENCEMENT OF SERVICES

The order becomes firm and binding upon receipt by the Service Provider of the quotation dated and signed by the Client with the wording “Approved” (“Bon pour accord”). Such acceptance constitutes the Client’s irrevocable contractual commitment.

Work shall not commence until all of the following conditions are cumulatively met:

  • receipt of the quotation duly dated and signed by the Client;

  • the Client’s provision and approval of a written or oral brief, together with all graphic, photographic, typographic, textual and any other elements agreed between the parties and necessary for proper performance by the Service Provider; and

  • unless otherwise stipulated, payment of a non-refundable deposit of thirty percent (30%) of the total gross amount stated in the quotation, in accordance with Article 6.1.

Any delay in supplying the required elements or in paying the deposit will postpone the schedule accordingly, without liability of the Service Provider.

 

ARTICLE 3 – ORDER & DELIVERY OF WORK

Services are performed remotely (email / telephone / video call) on the basis of a written or oral brief provided by the Client and deemed sufficient by the Service Provider, unless specific conditions are defined at quotation stage.

Deliverables are supplied electronically, in formats customary and suitable for the project (notably: .PNG/.JPG, .PDF, .MP4, .OBJ, .3DM, .STEP), as may be specified in the quotation.

Unless expressly agreed otherwise, native source files (3D scenes, project files, prompts, seeds, scripts) are not includedin the deliverables and remain the exclusive property of Constance Texier.

 

ARTICLE 4 – ACCEPTANCE OF DELIVERABLES

Upon receipt of the deliverables, the Client has ten (10) business days to approve them or provide comments. Failing a response, the Client’s approval shall be deemed granted and the full price becomes payable.

Any substantial modification shall, depending on its nature, require an amendment to the original contract or a new quotation replacing or supplementing the initial quotation. For the purposes hereof, a modification is presumed substantial where it requires re-editing, a creative overhaul or a change of concept/brief and/or an intervention by the Service Provider exceeding two (2) hours.

Where the quotation specifies a defined number of deliverables or other specific quantity (number of visuals, seconds of animation, etc.), Constance Texier undertakes to deliver the agreed volume; beyond that, an additional quotation will be issued.

 

ARTICLE 5 – TIMEFRAMES

Deadlines stated in the quotation are indicative. The Service Provider shall use best efforts to meet the indicated deadline or provisional schedule.

Such deadlines are subject to timely receipt of all required materials, approvals and feedback from the Client, and cannot be unilaterally shortened without prior written agreement.

The Service Provider shall not be liable for delays attributable in particular to:

  • the Client’s approval timelines;

  • requests for changes or adjustments during the project;

  • technical/creative constraints or issues related to the tools used, including AI tools; or

  • any external event beyond her control.

The Service Provider will inform the Client of any delay likely to affect the provisional schedule. Any reasonable delayin delivery not attributable to the Service Provider’s fault shall not give rise to penalties, damages, termination or refund, provided the service is duly performed.

 

ARTICLE 6 – PRICE AND PAYMENT

6.1 Payment terms

As per Article 2, validation of the quotation by the Client entails payment of a non-refundable deposit of 30% of the gross price, unless expressly stipulated otherwise. No services will commence before actual receipt of the deposit. The deposit constitutes a first payment towards the total price and remunerates, inter alia, mobilisation, reservation of production slots and preparatory work.

The balance of 70% of the gross amount is payable by the Client within thirty (30) days from the date of the corresponding invoice.

By way of exception, where services are subject to staged or periodic invoicing (including monthly), a specific schedule may be set out in the quotation.

Any late payment automatically suspends performance and delivery until full regularisation, without liability of the Service Provider.

All payments must be made by bank transfer to the account details stated on the quotation.

6.2 Rights in deliverables

Deliverables and the related exploitation rights may only be used by the Client after full payment of all sums due for the service.

 

ARTICLE 7 – LATE PAYMENT

Late-payment interest is payable automatically after the invoice due date, at the ECB refinancing rate (Refi) plus 10 percentage points. A fixed €40 recovery charge is also due. Additional actual recovery costs may be charged where higher.

 

ARTICLE 8 – INTELLECTUAL PROPERTY – LICENCE OF USE

8.1 Protection of creations

Works and creations produced by Constance Texier in the course of the services (including, without limitation, drawings, images, videos, animations, 3D scenes, AI-generated or AI-assisted content, texts, art direction, set designs) are protected under the French Intellectual Property Code.

8.2 Licence of use – principle

Subject to full payment of the price, delivery of the deliverables grants the Client a non-exclusive, non-transferable licence of use over the creations. The licence becomes effective only upon full payment and terminates automaticallyin the event of cancellation, termination or rescission of the contract for any reason whatsoever.
The licence is strictly limited to the Client’s own needs, for the communication and promotion of its business.

8.3 Scope of the licence

Unless expressly stipulated otherwise, the licence authorises:

  • reproduction and representation of the creations,

  • on digital and print media,

  • worldwide,

  • for a period of three (3) years from delivery of the creations.

Any exploitation not expressly provided for—particularly large-scale advertising, media buys, retail, out-of-home (OOH)—is excluded from this licence.

8.4 Extensions and assignment of rights

Any extension of the licence or any assignment of copyright (including exclusivity, or broader uses, media, territories or term) constitutes a derogation from this Article and must be set out in a separate written agreement. In the absence of such agreement, Constance Texier retains all rights not expressly granted.

8.5 Moral rights

The author’s moral rights—including the rights of attribution and integrity—remain vested in Constance Texier. Any substantial modification, distorting crop or out-of-context association requires her prior written consent.

 

ARTICLE 9 – “AI WORKFLOWS” CLAUSE

For visuals produced with or including generative AI (e.g., Midjourney, etc.):

  1. Obligation of means (art direction, prompting, post-production), not of identical result;

  2. Inherent variability; exact reproducibility cannot be guaranteed;

  3. Unless stated in the quotation, AI source files (prompts/seeds/workflows) are not delivered;

  4. The Client is responsible for legal clearances in its exploitation context (trademarks, depicted persons/objects, protected locations) and undertakes not to request unlawful representations;

  5. For 3D + AI compositing, each component is governed by these clauses and by the agreed licence/assignment.

 

ARTICLE 10 – CLIENT-SUPPLIED CONTENT

The Client warrants that it holds all rights, permissions and licences necessary to use the materials it provides to Constance Texier in connection with the services, including but not limited to logos, texts, images, videos, music, 3D models, visuals, collections or any other content, and shall indemnify and hold harmless Constance Texier from any third-party claim arising from the use thereof.

In accordance with Article 2, the Client undertakes to supply, before work starts, all elements necessary for proper performance, in a complete, usable and compliant format.

Generally, the Client shall co-operate actively throughout performance, notably by:

  • providing required materials within timelines compatible with the project schedule;

  • giving approvals, feedback or decisions within reasonable timeframes.

Failing the provision of required elements, approvals or sufficient co-operation, Constance Texier shall not be liable for any resulting delays, suspensions or impossibility of performance. Such failures may justify suspension, cancellation or rescission of the contract as set out in these T&Cs.

 

ARTICLE 11 – CONFIDENTIALITY

All information, documents, data, files, prototypes, 3D files, briefs, communications and, more generally, any element exchanged between the parties in connection with the services are strictly confidential.

They may not be disclosed to third parties without the other party’s prior written consent, except where required by law or regulation.

This confidentiality obligation applies throughout performance of the services and for three (3) years thereafter.

 

ARTICLE 12 – REFERENCES / PROFESSIONAL RIGHT OF CITATION

12.1 Principle

Unless expressly stipulated otherwise, Constance Texier is authorised to mention the Client’s name and logo and to share non-sensitive excerpts of projects delivered (visuals, images, animations, screenshots, mockups) for reference and professional communication purposes. Such use is strictly limited to showcasing Constance Texier’s know-how.

12.2 Permitted media

References may be used on, without limitation:
website; social networks; portfolio/book; pitch decks and tenders; talks, juries, awards and professional press relations.

12.3 Confidentiality and Client release schedule

References are shared only after the Client’s official release of the project or its first public availability. In any event, no Confidential Information within the meaning of Article 11 shall be disclosed.

12.4 Embargo / waiver of reference right

If the Client wishes to prohibit any publication of references, including after the project’s official release, it must submit a reasoned written request before final delivery. Such request constitutes a waiver of the Service Provider’s reference right. In this case, a flat fee of €300 (excl. VAT) per project will be charged for the waiver.

12.5 Specific agreements

Where a non-disclosure agreement (NDA) or specific stipulations in the quotation prohibit any reference or publication, those provisions prevail over this Article. In such case, no waiver fee shall be due.

 

ARTICLE 13 – LIABILITY

Constance Texier’s liability under the contract is strictly limited to direct damages proven by the Client, to the exclusion of any indirect or consequential loss, including but not limited to loss of business, turnover, data, image or commercial opportunity.

In any event, Constance Texier’s aggregate liability, for all causes and losses combined, is capped at the net amount actually paid by the Client for the relevant service.

This liability cap does not apply in cases of wilful misconduct or gross negligence, nor where prohibited by law.

 

ARTICLE 14 – FORCE MAJEURE

Neither party shall be liable for a failure to perform due to an event of force majeure within the meaning of Article 1218 of the French Civil Code.

Without limitation, the following may constitute force majeure: fire, flood, natural disaster, health crisis, epidemic or pandemic; interruption of telecommunications or energy networks; total and unforeseeable unavailability of third-party services or platforms essential to performance; or regulatory changes rendering performance impossible.

Obligations affected by force majeure are suspended for the duration of the event, up to thirty (30) days. If the impediment continues beyond that period, either party may terminate the contract by written notice, without compensation, such termination taking effect eight (8) days after receipt of the notice.

 

ARTICLE 15 – CLAIMS & DISPUTES

Claims should be sent to contact@constancetexier.com, with: subject, contact details, quotation reference and supporting documents. Non-use of deliverables that comply with the quotation does not entitle the Client to a refund.

Failing an amicable resolution, these T&Cs are governed by French law, and disputes fall within the jurisdiction of the courts where Constance Texier is domiciled.

 

ARTICLE 16 – CANCELLATION / TERMINATION / RESCISSION

16.1 Cancellation of the order (one-off or staged services)

If the Client cancels the order after acceptance of the quotation, for any reason, the deposit paid under Articles 2 and 6 remains acquired by the Service Provider and is non-refundable.

Where services have been initiated or performed beyond the deposit amount, they will be invoiced to the Client pro rata to the work actually carried out, based on the accepted quotation.

In addition, in the event of a fault-based or abusive cancellation attributable to the Client, a flat indemnity of €300 (excl. VAT) may be charged as liquidated damages, without prejudice to invoicing for services already performed.

16.2 Termination of successive-performance services

Successive-performance services may be terminated by either party subject to ten (10) days’ notice. Termination is prospective only. Services performed and any amounts due as at the effective date of termination remain payable in full. No termination indemnity shall be due, save in case of duly established contractual breach.

16.3 Notice formalities

Any cancellation or termination must be notified in writing, by registered letter with acknowledgement of receipt or by any other written means that provides proof. The date of receipt shall determine the effective date of cancellation or the start of the notice period.

16.4 Rescission for Client’s breach

In the event of the Client’s breach of its contractual obligations—particularly failure to supply required elements, absence of approvals, feedback or co-operation within reasonable timeframes—the Service Provider may, after a 15-day formal notice remaining without effect, suspend performance or rescind the contract by operation of law.

Rescission shall be at the Client’s sole fault, without prejudice to:

  • retention of the deposit paid under Article 6.1;

  • invoicing of services performed or initiated; and

  • where applicable, the flat indemnity provided for in Article 16.1.
    Sums already paid by the Client shall remain acquired by the Service Provider as compensation.

 

ARTICLE 17 – PERSONAL DATA

Client data are processed for the management of quotations, projects and invoices. Requests to access/rectify/delete may be sent to contact@constancetexier.com. Data are retained only for the legal and contractual periods.

 

ARTICLE 18 – ARTISTS-AUTHORS PROVISIONS (INVOICING)

Invoices include mandatory particulars (identity, SIREN/SIRET, address, date, due date, late-fee rate & €40 recovery charge, etc.). Under the Artists-Authors regime, where applicable, the invoice may remind the Client (as “diffuser”) of its URSSAF obligations. If under the VAT exemption scheme, invoices bear the statement: “VAT not applicable – Article 293 B of the French CGI.”

 

ARTICLE 19 – MISCELLANEOUS

19.1 Severability

If any provision is held illegal, invalid or unenforceable, the parties shall replace it with a legal, valid and enforceable provision having, as far as possible, a similar effect. Constance Texier may update these T&Cs; the applicable version is the one in force on the date of the quotation.

19.2 No waiver

Failure by the Service Provider to invoke any provision at any time shall not be construed as a waiver of the right to invoke it subsequently.

 

T&Cs date:
Version effective 1 January 2026.

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