Terms & Conditions

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Mouniazur Terms and Conditions of Sale

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ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale (the "GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Vendor "Mouniazur" on the site https://mouniazur.com/.

The Products offered for sale on the site are as follows:

Video and photo editing.

These terms and conditions are available at any time on the https://mouniazur.com/ website and shall prevail over any other document.

The customer declares that he has read and understood these terms and conditions, which will be attached to the quotation submitted for approval in the case of an order for video and photo editing.

By accepting the quotation, the customer acknowledges having read and accepted the GCS without reservation before finalizing and paying for the order.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Micro-enterprise: Mouniazur

Head office: 34, Avenue des Champs-Elysées, 75008 Paris, France.

Establishment SIRET: 97884190600016

Establishment APE code: 5912Z

VAT: basic exemption

Site publication manager: Mounia Benkirane

Email : contact@mouniazur.com

Telephone: +33612212909

Video and photo montages are available for sale on https://mouniazur.com/ for the following territories: international.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.

ARTICLE 2 - Prices

The video and photo montages are supplied at the current rates shown on the site https://mouniazur.com/, at the time the order is registered by Mouniazur, after acceptance of the quote which will have been submitted to the customer for validation by email.

Prices are given in Euros, exclusive of VAT, not applicable.

These prices are firm and non-revisable during their period of validity, but Mouniazur reserves the right to modify them at any time outside their period of validity.

If the digital product is delivered by USB key, prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is established by Mouniazur and sent by email or given to the Customer upon delivery of the ordered products.

Orders for video and photo editing are subject to a previously accepted quote. Estimates established by Mouniazur are valid for a period of 1 month after their establishment.

ARTICLE 3 - Orders

It is the customer's responsibility to make their request on the https://mouniazur.com/ website concerning the video and photo montages they wish to order, using the following methods:

  1. The Customer begins with the first step, which consists of communicating his project via the contact means made available on the https://mouniazur.com/ website for the creation of a video montage from his photos and videos, which he transfers to https://mouniazur.com/ via the secure online upload link, indicating his contact details and any useful information in the message accompanying the transfer of his video and photo files.  
  • A quotation is then submitted to the Customer by email for validation, followed by the order which will be finalized on the https://mouniazur.com/ website via a secure payment link or, failing that, by bank transfer. Acceptance of the quotation by the Customer implies acceptance of these general terms and conditions of sale, which will be appended to the quotation. Upon acceptance by the Customer, both the quotation and the attached general terms and conditions of sale must be returned signed and e-mailed to Mouniazur. By signing, the customer confirms that he/she has read, understood and approved both the quotation and the general sales conditions.
  • The Order is considered final upon full payment, which includes the possibility of making an initial modification to the video editing once it has been completed, and only if the customer so wishes. Beyond this first modification, any further modification will be subject to a new quotation.
  • The edited video will be submitted to the customer, who will be able to view it on shared screens for validation before delivery.
  • The video and photo montage is generally downloaded by the customer via a download link sent by email. If the customer is unable to access the download link, the video and photo montage will be downloaded onto a USB key and then sent to the customer by post, at the customer's expense, as mentioned in the quotation received and accepted by the customer.

The sale will be considered valid only after full payment of the order price.

If the Customer's payment does not reach the bank payment centers, the order will be automatically cancelled and the Customer will be informed by Mouniazur, mainly by email.

In addition, it is the Customer's responsibility to check the accuracy of the order and its conformity with the accepted quotation, and to report any errors without delay.

Any order placed on the https://mouniazur.com/ site constitutes the formation of a contract concluded remotely between the Customer and Mouniazur.

The video montages produced by Mouniazur must be used by the Customer for personal use and in no case for resale to third parties.

Mouniazur reserves the right:

  • cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
  • to refuse any video montage based on videos or photos transmitted by the Customer and considered to be violent, sexual, pornographic, paedophilic, threatening, slanderous, abusive, defamatory, offensive, hateful, racist, infringing in any way whatsoever on the integrity of third parties or on the intimacy and privacy of others, as well as anything that is political or similar to propaganda of any kind.
  • to refuse to edit any files, videos or photos, or more generally any files, videos or photos deemed inappropriate or not in compliance with Mouniazur's ethics, without any obligation to justify their refusal.
  • to refuse to integrate any video or photo file whose quality is deemed insufficient for the production of an HD or 4K video film into the video montage ordered by the Customer.
  • to refuse to carry out a video edit on a number of files (videos and/or photos) supplied by the Customer, deemed insufficient or inconsistent, for an optimal result in terms of video edit duration (for example: when Mouniazur does not have enough or too many files according to the length of the video film desired by the Customer).

Mouniazur will reimburse any order placed by the Customer that is refused as described above.

ARTICLE 4 - Terms of payment

The price is paid by secure payment as follows:

  • payment by credit card
  • or payment by bank transfer to the Mouniazur bank account (details of which are given to the Customer when the order is placed).

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://mouniazur.com/ website.

Payments made by the Customer will not be considered final until Mouniazur has received the sums due.

Mouniazur will not be obliged to deliver the video montage ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The video montages produced by Mouniazur and ordered by the Customer will be delivered in metropolitan France and abroad.

Deliveries are made within the delivery time specified in the quotation.

Mouniazur undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the video and photo montages ordered have not been delivered within 14 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.

The Products therefore travel at Mouniazur's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the time the goods are handed over to the carrier.

The Customer is required to check the condition of the products delivered with the Carrier. In the event of acceptance of the delivery without having checked the condition or withdrawal of the order, Mouniazur declines all responsibility in the event of damage or deterioration of the products delivered.  

At the time of delivery, the customer is solely responsible for complying with current import regulations in the country concerned.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from Mouniazur to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

Given the nature of the Products sold, as digital products, orders placed by the Customer do not benefit from the right of withdrawal.

The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GCS.

In order to assert his rights, the Customer must inform Mouniazur, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

Mouniazur cannot be held responsible in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of Mouniazur.

ARTICLE 8 - Personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by Mouniazur as well as for their transmission to third parties for the purpose of delivering Products.

This personal data is collected exclusively for the purpose of executing the sales contract.

9.1 Collection of personal data

The following personal data are collected on the https://mouniazur.com/ website:

Order Products :

When the Customer orders Products :

Full name, postal address, telephone number and e-mail address.

Payment

When paying for Products offered on https://mouniazur.com/, the site records financial data relating to the customer's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by Mouniazur and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

  • Transport service providers
  • Payment service providers

9.3 Data controller

The data controller is Mouniazur, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Retention period for personal data

Mouniazur will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

Mouniazur implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.

However, it should be noted that the Internet is not a completely secure environment and Mouniazur cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the https://mouniazur.com/ website have the following rights:

  • They may update or delete the data concerning them by sending a request to Mouniazur by email or post.
  • If the personal data held by Mouniazur is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post to the Data Controller whose contact details are given above.

The data controller must respond within one month.

ARTICLE 9 - Intellectual property

The content of the https://mouniazur.com/ website is the property of Mouniazur and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

By entrusting Mouniazur with the production of a video montage from video and photo files transmitted by the Customer, the latter undertakes to strictly respect not only the intellectual property rights of third parties, but also regulations on the protection of minors, respect for others and image rights.

In the event of non-compliance with these rights and regulations, the Customer alone assumes full responsibility for being accused and prosecuted by the competent authorities for violation of the Penal Code, the Civil Code, the following legal provisions (Law of July 29, 1881, Law of September 30, 1986, Law of the Intellectual Property Code), as well as the consequences in terms of liability towards a third party.

The Customer declares on his honor to hold all intellectual property rights as well as all authorizations from third parties concerning the photos, videos and audio and all documents that he transmits to Mouniazur.

With regard to copyright, Mouniazur is in no way responsible in the event of violation of these rights by the Customer when he transfers any media necessary for video editing (videos, photos, music or any document) as part of his order.

The Customer therefore bears full responsibility for the strict conformity of the files he transmits to Mouniazur in terms of copyright and alone assumes the consequences in the event of legal or financial sanctions.

Mouniazur undertakes to strictly respect the Customer's rights with respect to the confidentiality and distribution of videos and photos belonging to the Customer and constituting the video montage produced by Mouniazur.

The video montage created for the Customer, who becomes its exclusive owner as soon as it has been delivered, may only be distributed, essentially for promotional purposes, on the https://mouniazur.com/ website , with the express written authorization of the Customer by e-mail or by letter addressed to Mouniazur.

ARTICLE 10 - Website updates

Mouniazur reserves the right to momentarily interrupt access to the https://mouniazur.com/ site for security reasons, maintenance or any other modification of the site as part of its updating, without any compensation or claim resulting therefrom.

It is the Client's responsibility to take all necessary measures to send Mouniazur healthy files that are free of viruses.

ARTICLE 11- Seller's liability and warranties

Products supplied by the Vendor benefit from :

  • the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
  • the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 15 days of the Seller's finding of the non-conformity or latent defect.

This reimbursement can be made by bank transfer.

The Vendor cannot be held liable in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

ARTICLE 12- Backup and storage

Mouniazur undertakes to store the data transmitted by the Customer, from the time of delivery of the video montage, for a period of 1 month, after which the files will be deleted.

The Customer must therefore save all his video and photo files, BEFORE their transfer to Mouniazur as well as AFTER, including the video montage that he has ordered from Mouniazur.

Mouniazur will in no case be held responsible for the loss of data in the event of forgetfulness or negligence on the part of the Customer in terms of backups.

ARTICLE 13- Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 14- Disputes

For any complaint, please send a letter to the postal address or an email to Mouniazur according to the contact details indicated in ARTICLE 1 of these GTC.

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute, or call upon a mediator chosen by mutual agreement with Mouniazur in order to find an amicable solution.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

All disputes arising from the purchase and sale operations concluded in application of the present GCS and which have not been settled amicably between Mouniazur and the Customer or by mediation, will be submitted to the competent French courts under the conditions of common law.