Terms of use

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1. Acceptance of the terms of use

Use of the site https://www.blackpearl-factory.com (the “Site”) implies full and complete acceptance of these general conditions of use. These conditions are subject to change at any time without notice. Users of the Site are therefore invited to consult them regularly.

2. Description of services provided

The purpose of the Site is to provide information on the activities, services and projects of BlackPearl Factory.

BlackPearl Factory strives to ensure that the information provided is accurate and up to date. However, errors or omissions may occur. If you notice an anomaly, please contact us at contact@blackpearl-factory.com.

3. Access to the site

The Site is accessible free of charge to any user with internet access. BlackPearl Factory reserves the right to interrupt, suspend or modify access to the Site, in whole or in part, at any time and without notice, in particular for maintenance reasons.

BlackPearl Factory cannot be held responsible for interruptions or malfunctions related to technical problems or cases of force majeure.

4. Intellectual property

All content on the Site (texts, images, videos, videos, graphics, graphics, logos, icons, etc.) are protected by current intellectual property laws and are the exclusive property of BlackPearl Factory or from its partners.

Any reproduction, representation, modification, or distribution of these contents without prior authorization is strictly prohibited.

5. Responsibility

BlackPearl Factory cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the Site, resulting in particular from the appearance of a bug, an incompatibility, or a malicious attack (virus).

Likewise, BlackPearl Factory declines any responsibility concerning the use of the information provided on the Site and the possible consequences that result from it.

6. Hypertext links

The Site may contain links to third party sites. These links are provided for informational purposes only and do not constitute an endorsement by BlackPearl Factory content offered on these sites.

BlackPearl Factory has no control over these third party sites and is not responsible for their content or privacy policies.

7. Personal data and cookies

For more information on the collection and use of your personal data, as well as on the management of cookies, please consult our page dedicated to the Confidentiality policy And to Cookies.

8. Applicable law and competent jurisdiction

These terms of use are governed by French law. In the event of a dispute, the competent courts will be those of French Polynesia.

9. Contact

If you have any questions regarding these terms of use, you can contact us at:
E-mail : contact@blackpearl-factory.com

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GENERAL CONDITIONS OF SALE

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1. Purpose and Scope of Application

These General Terms and Conditions of Sale (GTC) govern the contractual relationships between the company Blackpearl Factory, a SARL with a capital of 1,000,000 XPF (hereinafter “the Seller”) and any natural or legal person (hereinafter “the Customer”) wishing to benefit from the services offered by the Seller.

2. Acceptance of the General Terms and Conditions of Sale

Placing an order implies the unreserved acceptance of these Terms and Conditions by the Customer. Any contrary condition set by the Customer will, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.

3. Commands

Orders are final when they have been confirmed in writing by the Seller. Any modification or cancellation of an order by the Customer must be approved by the Seller. In the event of cancellation after validation of the order, the time already allocated to the ordered production will be invoiced to the Customer. Changes during production may be subject to additional billing.

4. prix

The prices of the services are those in force on the day the order is taken. They are expressed in Pacific francs (XPF) and calculated excluding taxes. Therefore, they will be increased by the VAT rate applicable on the day of the order.

5. Payment methods

The payment of invoices is made according to the terms agreed between the Seller and the Customer. Unless otherwise agreed, invoices are payable upon receipt.

6. Delay Penalties

In the event of late payment, a penalty of 10% of the amount of the invoice including VAT will be automatically applied from the day following the due date of the invoice, without any prior notice being required.

7. Retention of ownership

The Seller retains ownership of the goods sold until effective payment of the full price in principal and accessories. Failure to pay may result in the goods being claimed by the Seller.

8. Use of Productions

The Seller reserves the right to use the productions produced as part of its services for its own communication, including but not limited to, marketing materials, presentations, and online publications, unless explicitly indicated otherwise by the Customer before delivery of the finished product.

9. Delivery

Delivery times are indicative and without guarantee. A delay in delivery can in no way give rise to penalties or indemnities, or justify the cancellation of the order.

10. Guarantee

The Seller undertakes to provide all the care used in the profession for the realization of the services. The Seller cannot be held liable in the event of defects or indirect damages.

11. Intellectual property

All visual and textual elements created by the Seller remain his exclusive property until full payment of the service. Unauthorized reproduction or use is strictly prohibited.

12. Confidentiality

Each party undertakes to keep strictly confidential all information exchanged between them and designated as such.

13. Force Majeure

The Seller cannot be held liable in the event of force majeure, i.e. any unforeseeable, irresistible event independent of the will of the parties.

14. Disputes

In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Otherwise, the dispute will be subject to the exclusive jurisdiction of the competent courts of the Seller's head office.

15. Applicable law

These terms and conditions are subject to the law in force in French Polynesia.

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