General terms and conditions of service - ALTEA RIVIERA | Agence de communication, marketing et relations presse

Preliminary Article – Definitions

For the purposes of this agreement, each of the expressions mentioned below shall have the meaning assigned to it as follows:

The Company Altea Riviera: Refers to the micro-enterprise Altea Riviera, represented by Anais Roy, whose registered office is located at [address to be completed]
SIRET: pending
VAT: pending
Email: a.roy@altearivera.com

Client: Refers to any natural or legal person signing a quote or purchase order, in paper or electronic format.

Services: Refers to all services of any nature performed by Altea Riviera on behalf of the Client, including:

Product launch & development
Store opening / inauguration
Pop-up temporary store
Photo shoot (location, team, product)
Trend monitoring and moodboards
Events & team building (seminars, themed parties, trade shows, event management)
Communication & marketing (activation plans, ad campaigns, sales tools, brand image, social media)
Strategic consulting & audit (marketing audit, competitive analysis, recommendations, action plans)
Press Relations (events with journalists and media)

Supplier: Refers to any natural or legal person from whom Altea Riviera enters into any contract directly or indirectly related to the Services.

Article 1 – Scope of Application

These General Terms and Conditions express the entirety of the obligations of the parties. They constitute the sole foundation of the commercial relationship between Altea Riviera and its Clients, who are deemed to accept them without reservation.

They apply, without restriction or reservation, to all Services provided by Altea Riviera to its Clients, regardless of any clauses that may appear in the Client’s documents, including their general purchase conditions.

In accordance with applicable regulations, these General Conditions of Sale (CGV) are provided to any Client who requests them, to enable them to place an order with the Service Provider.

Any order for Services implies, on the part of the Client, unconditional acceptance of these General Terms and Conditions of Sale.

Article 2 – Purpose

These General Terms and Conditions of Sale define the rights and obligations of Altea Riviera and its Clients. Only the specific conditions stated in the quote signed by the Client and these General Terms and Conditions govern the contractual relationship.

They shall prevail over any other contrary clause that may appear in documents emanating from the Client.

Article 3 – Price and Scope of Service

All prices are expressed excluding taxes (HT). The prices and timelines indicated in the quote are valid for one month from the date of issuance.

They are fixed and non-revisable during this period. The service includes only what is explicitly listed in the quote accepted by the Client. Any additional service will be subject to a separate quote.

Article 4 – Order and Payment

Payment for the service is required at 100% in advance, before the start of the project and the reservation of work slots.

No service will commence without receipt of full payment and validation of the quote signed by the Client.

Amounts paid will not be refunded in case of order cancellation by the Client after signing the quote and payment for the service.

Payments must be made by bank transfer.

Validation of the order by the Client constitutes unconditional acceptance of these General Terms and Conditions.

Article 5 – Unselected Proposals

Altea Riviera’s quotes are free.

Proposed projects must be returned in their entirety to Altea Riviera (digital and paper documents) if not selected and remain the property of Altea Riviera.

Article 6 – Force Majeure

Altea Riviera cannot be held responsible for a delay due to any fortuitous event or force majeure, including, in particular, any act by a civil or military authority, strike action de facto or de jure, fire, flood, water damage, storm and lightning, accident, riot, pandemic, terrorist attack, non-delivery of documents for creation or commissioning of the product, any fact attributable to a third party, or any other circumstance with an external cause preventing it, directly or through a third party, from meeting the said obligations.

Article 7 – Resolutory Clause

In case of non-performance of obligations by one party, particularly in case of non-performance of the service by Altea Riviera or in case of total or partial failure to pay by the Client, the sale may be resolved by operation of law for the benefit of the other party. The resolution will take effect 30 days after the sending of a formal notice that remains unsuccessful.

In case of total or partial failure to pay by the Client, Altea Riviera shall be entitled to claim restitution of the service or its compensation, with advances received remaining acquired as damages.

Article 8 – Applicable Law and Jurisdiction

These General Terms and Conditions are subject to French law.

In the absence of an amicable resolution, the Commercial Court of Chambéry shall be solely competent for any dispute relating to the interpretation and execution of a contract and its consequences.

Performance of Digital and Communication Services

Article 9 – Scope of Services

Altea Riviera undertakes to develop, using its own resources or subcontracting, using software and Content Management Systems, the websites, supports or elements described in the quote.

Acceptance of the quote by the Client signifies for Altea Riviera the Client’s agreement and good understanding of the services and developments appearing in the quote.

Any study, report, information, quote, specifications, paid or free, performed by Altea Riviera for the purpose of providing services to the Client, remains the exclusive property of Altea Riviera. The Client undertakes not to transmit them.

Article 1.2 – Specifications

The Client undertakes to promptly provide specifications with all elements necessary for the proper conduct of the project (text, appointments, documents, photos, …). The project will start only after receipt of these specifications and after payment provided for in Article 4 of the General Terms and Conditions. In cases where modifications would require substantial revision of the initial specifications, these will be billed in addition to the initial quote. In cases where the Client does not have specifications, a simple specifications template will be transmitted by Altea Riviera.

Article 1.3 – Collaboration Between Parties

Each party undertakes to collaborate actively to ensure proper performance of the contract. Each undertakes to communicate all difficulties of which they become aware, as they arise, to enable the other party to take necessary measures. The Service Provider has informed the Client that the proper succession of services depends on this necessary active collaboration. Lack of collaboration could strongly contribute to delays in performed services. If needed, the Client could appoint a project manager or set up a monitoring committee responsible for tracking the evolution and realization of the project. The parties are bound by an obligation of good faith.

Article 1.4 – Confidentiality

Altea Riviera and the Client undertake to keep confidential information and documents concerning the other party, of any nature, financial, technical, social or commercial, to which they may have had access during performance of the service.

The preceding provision does not prevent Altea Riviera from mentioning in its advertisements, documents or commercial offers all orders placed, with the possibility of mentioning the Client’s corporate name and the subject of the order. This possibility does not grant Altea Riviera any right over the Client’s trademarks other than those previously mentioned.

In accordance with the « Data Processing and Freedoms » law of January 6, 1978, amended in 2004, you benefit from rights of access and rectification to information concerning you, which you can exercise by contacting [email address to be provided] or by mail to: Altea Riviera.

Article 1.5 – Delivery

Delivery deadlines and document availability times are given for information only and do not constitute any commitment by Altea Riviera. Notwithstanding this reservation, Altea Riviera will do everything in its power to respect deadlines it may indicate.

Article 1.6 – Acceptance Tests

After completion of tests, the site will be put online and the parties will proceed to a conformity check of the site against the specifications. A acceptance report will be drawn up which must be signed by both parties, on which the Client must note any reservations.

Article 1.7 – Intellectual Property and Commercial Mentions

The Client acknowledges and assumes full and entire responsibility for choices made regarding textual and iconographic content appearing in the entire production, subject of this order, and acknowledges having read the laws on intellectual property and penalties that may be incurred for their violation.

Unless explicit mention to the contrary by the Client, Altea Riviera reserves the possibility to include in the production a commercial mention clearly indicating its contribution, in the form of a mention such as: « Realization Altea Riviera ».

Article 1.8 – Ownership of Production

Any element provided by the Client remains their property.

Any element modified by Altea Riviera and provided by the Client is the property of the Client regarding the starting element, and the property of Altea Riviera regarding modifications, if they are programming elements.

Any programming and/or computer creation is made available to the Client on the basis of a right of use. It is prohibited for the Client to copy or authorize copying of the programming. Making programming and/or computer creation available by Altea Riviera to the Client does not result in transfer of an intellectual right or property right.

The mention of Altea Riviera with the link to the site « [website to be provided] » must be maintained on each page of the site, unless complete redesign of the site by another company or justified request from the Client.

Ownership of computer codes or source files of creation belongs to Altea Riviera, which grants the Client a right of use. Consequently, any use of source code by a third party may lead to a compensation request from Altea Riviera, the amount of which may be set by Altea Riviera according to the extent of this use. This clause includes source files, database configuration and parameters, and any other type of files related to the application. All constituent elements of the site skeleton (photos, images, logos, modeled elements…) as well as technological elements (software creations, administration back-office, services offered…) are protected by Copyright Law. In accordance with the provisions of Article L. 122-4 of the Intellectual Property Code, any reproduction of partial or total content of the site is prohibited, whatever its form (reproduction, embedding, distribution, …).

Direct links established to downloadable files (whatever their format) present on Altea Riviera’s site are also prohibited. If you wish to establish a link with Altea Riviera’s site, please contact Altea Riviera before setting up any link pointing to our site or its content.

The Client is notably granted rights of representation, reproduction and exploitation on graphic, visual or sound elements created by the service provider or of which the latter has rights and constituting the aforementioned site. This assignment is limited to the use of said elements on the internet within the framework of the site created by Altea Riviera as well as to the use of screenshots of the site for publication in the written press, but does not concern their reproduction on any other support. Within the framework of dynamic website development (php, asp, …), sources remain the property of Altea Riviera.

Article 1.9 – Warranties and Responsibilities

Alter Riviera acts within the framework of an obligation of means: it does everything in its power, with agreed resources and budget, to provide a reliable result. However, it cannot be held responsible for losses or problems related to documents provided or distribution. The Client undertakes to provide all necessary information within the given deadlines and to quickly report any problems. Alter Riviera advises the Client but does not guarantee a certain result, particularly if recommendations are not followed. The Client must also provide required technical access and refrain from any SEO action during the intervention period.

Article 1.10 – Subcontracting

Alter Riviera reserves the possibility to subcontract all or part of the services without the Client being able to object, while remaining responsible for the quality of services. The Client undertakes to collaborate equally with Alter Riviera and with its subcontractors.

Article 9 – Insurance

Alter Riviera guarantees to be covered by professional civil liability insurance for the duration of the contract.

Article 10 – Assignment and Transfer of Contract

The contract may be assigned or subcontracted by Alter Riviera without necessity of prior authorization from the Client. The Client accepts that Alter Riviera transfers the contract to a third party at its discretion.

Article 11 – Disputes

In case of dispute, the parties undertake to seek an amicable agreement within one month. Failing that, the competent commercial court shall be that of [to be specified according to Alter Riviera’s location].

Article 12 – Termination

The contract may be terminated 15 days after formal notice in case of serious breach, such as non-payment or violation of Alter Riviera’s rights.

Article 13 – Independence

This contract creates no relationship of mandate, partnership or subordination between the Client and Alter Riviera.

Personal Data Protection

Article 14 – Data Collection

Personal data collected includes: name, first name, email, date of birth upon account opening; connection data, location, payment upon connection; address, phone in profile; financial data for payment; communication data temporarily; and cookies, activatable/deactivatable via browser.

Use of Personal Data at Altea Riviera

At Altea Riviera, personal data collected from our users is intended to provide, improve and secure our services on the Platform. More specifically, this data is used to:

Allow access and smooth use of the Platform by the user;
Ensure proper functioning and continuous optimization of the Platform;
Organize conditions of use of payment services;
Verify, identify and authenticate information transmitted by the user;
Offer the possibility to communicate with other users of the Platform;
Provide personalized assistance to users;
Personalize services, notably by proposing advertisements adapted according to preferences and browsing history;
Prevent and detect fraud, malware and manage data security;
Manage any disputes with users;
Send commercial and advertising information, according to expressed preferences.

Personal data may be shared with third parties only in the following cases:

When you use payment services, we work with banking and financial partners with whom contracts are in place;
If you publish information in public spaces on the Platform;
When you authorize third-party sites to access certain of your data;
When we use external providers for assistance, advertising or payment services, these providers have limited access to your data and are subject to strict confidentiality obligations;
In case of legal requirement, to respond to complaints or judicial proceedings;
In case of merger, acquisition or asset transfer, with prior information to our users.

Data Transfer

As a member of an international group, Altea Riviera may transfer, store and process your data in the United States. You consent to this transfer, even if American legislation may differ from that of the European Union. We respect the Privacy Shield framework, guaranteeing protection of your data in this context.

Security and Confidentiality

We implement technical, organizational and physical measures to protect your personal data against any unauthorized access, alteration or destruction. However, as the internet is not totally secure, we cannot guarantee absolute security during transmission or storage of information.

Your Rights

You have the following rights regarding your personal data:

Update or delete your data directly via your user account;
Request deletion of your account by contacting: contact@alteariviera.com (note, some public data may remain visible);
Exercise your right of access to your personal data by contacting us at the same address (proof of identity may be requested);
Request correction or deletion of inaccurate or obsolete data.

Evolution of This Policy

Altea Riviera reserves the right to modify this privacy policy. Any update will be published on our site and communicated by email at least 15 days before its entry into force. If you do not agree with the modifications, you have the possibility to delete your account.

Right of Publicity

Except for explicit refusal on your part by registered mail, Altea Riviera reserves the right to use your project or collaboration as a reference in its commercial and communication efforts, including photos, videos, and textual content.